PANKAJ SAHAY Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner, by way of filing the present writ petition under Article 226 of the Constitution of India, has prayed for issuance of a direction upon the respondents particularly, respondent No. 3 the Deputy Commissioner, Koderma for giving permission to sell the Raiyati Land of the petitioner, situated in Mouja Nawada, Thana No. 249, Khata Nos. 3, 4, 11, 23 and 43, total area 48 1/2 decimals, as the raiyati land has been purchased by the petitioner and he is paying rent to the State Government. Heard the learned counsel for the parties and perused the materials, placed on record.

(2.) IT appears that the present petitioner, who is aged about 54 years suffering from cancer, is waiting for requisite permission from the Deputy Commissioner, Koderma for transfer of land in question but the said permission has not been granted by raising certain queries. From perusal of the material placed on record, it appears that the competent revenue authorities have clearly stated about the nature of the land and a report to that effect has been submitted before the Deputy Commissioner, Koderma. Likewise, legal opinion sought for by the Deputy Commissioner, Koderma is also clearly indicates that there is no legal obstacle, if the requisite permission is granted in favour of the petitioner. However, till date, no further steps have been taken by the competent authority for grant of the requisite permission to the petitioner for transferring the land in question.