MD. ZOOLFAR ANSARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The original writ petitioner, Muslim Ansari has been substituted by his legal heirs, i.e. the present petitioners namely Md. Zoolfar Ansari & others during the pendency of the writ petition. The present petitioners are aggrieved by the refusal of the respondent no.3, District Sub- Registrar, Ranchi to register the sale deed presented on their behalf. The sale deed in question is Annexure-3 to the writ petition.

(3.) The contention of the petitioner is that the lands appertaining to plot no. 718, Area 5 acres, plot no. 496, Area 1 acre of Khata no. 383 of Khewat no. 2 of Thana no. 228 of Mouza Pundag was recorded as 'gair majarua malik land' of Ex. Intermediaries, Bara Lal Kandarp Nath Sahdeo. It is the contention of the petitioner that on the basis of 'hukumnama' dated 5.2.1948 in favour of Sk. Sahmat and Sk. Ajmat by registered kabuliyat by the Ex-Zamindar the lands were settled in their name coupled with delivery of possession and rent receipts were also issued. In the return submitted by the zamindar at the time of vesting of zamindari the said raiyats were also shown as tenants. The deceased original petitioner, Muslim Ansari inherited the said rayati lands being descendant of the said Sk. Sahmat and Sk. Ajmat and 'jamabandi' was opened in the name of said raiyats recorded in Register-II and correction slip were also issued in the year 1983-84. When the Circle Officer, Ratu Anchal ( now Nagri) refused to grant rent receipt to the original petitioner, he was compelled to move this court in W.P.(C) No. 2496 of 2002. The matter was remanded to the Additional Collector to consider the claim and take final decision by passing reasoned order.