AZADUL HAQUE Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard Mr. Amar Kumar Sinha, learned counsel for the petitioners and Mr. Jayant Franklin Toppo, learned counsel for the State.

(2.) The prayer in the writ petition is made for direction upon the respondents to show cause as to how and under what authority the District Sub-Registrar, Giridih has refused to accept and register deed of sale presented by the petitioner no.1 for sale of his raiyati lands in favour of petitioner no.2 measuring an area of 10 decimals appertaining to R.S. Plot No.1403 of Khata No.157 situated at Mouza Jaridih, Pachamba, P.O., P.S. and District- Giridih.

(3.) Mr. Amar Kumar Sinha, learned counsel for the petitioners submits that descendent of Dr. Syed Mahmood for legal necessities sold the lands measuring an area of 1 Acre 35 decimals appertaining to R.S. Plot Nos.1403, 1402, and 1404 of Khata No.157, corresponding to Holding No.880 Part situated at Mouza Jaridih Pachamba, P.O., P.S. and District- Giridih to petitioner no.1, namely, Azadul Haque by virtue of a registered deed of sale dtd. 4/2/2009 and he came into possession over the same and got his name mutated in the revenue records as well as in Giridih Municipality and he is regularly making payment of rent and taxes in his name. He further submits that the Deputy Commissioner, Giridih passed an order putting ban on registration of the aforementioned lands belonging to petitioner no.1 and the same was challenged by petitioner no.1 by filing writ petition being W.P.(C) No.2733 of 2023, which was allowed by the Coordinate Bench of this Court vide order dtd. 8/11/2023 and the order putting ban on registration of the aforementioned lands belonging to petitioner no.1, was quashed by the Coordinate Bench of this Court, contained in Annexure-4. He submits that thereafter petitioner no.1 intended to sale the land measuring an area of 10 decimals appertaining to R.S. Plot No.1403 of Khata No.157 to petitioner no.2 and after complying the statutory requirements, contained in the Indian Registration Act, 1908 presented the sale deed for registration before the District Sub-Registrar, Giridih on 2/5/2024 and 3/5/2024, but the District Sub-Registrar, Giridih without assigning any reason, has refused to register sale deed. He then submits that once putting ban of registration of the said land was already quashed by the Coordinate Bench of this Court in the said writ petition, the District Sub-Registrar, Giridih has got no authority to not register the land in question. He draws attention of the Court to paragraph no. 12 of the reply to the counter affidavit filed by the petitioners and submits that the Deputy Commissioner, Giridih on the application filed by petitioner no.1 sent a letter to the Additional Collector, Giridih on 15/9/2022 for taking necessary action and the Additional Collector vide its letter dtd. 21/9/2022 informed the Circle Officer, Giridih to enquire into the matter and submit report and the Circle Officer, Giridih after making enquiry submitted report on 27/9/2022 that the aforementioned lands are raiyati and ban on registration over the said lands can be lifted considering the report and thereafter the Additional Collector informed the Deputy Commissioner, Giridih requesting to lift the ban on registration over the said land and the Deputy Commissioner, Giridih has passed an order on 15/3/2023 regarding lifting bank on registration of the said land and pursuant to the order passed by the Deputy Commissioner, Giridih, the Additional Collector, Giridih by letter dtd. 17/3/2023 passed an order for lifting ban on registration of the said lands, contained in Annexure-14 series. By way of referring page 44 of the reply to the counter affidavit filed by the petitioners, which is the letter dtd. 12/8/2022 issued by the Deputy Commissioner, Giridih to the Joint Secretary, Revenue, Land Reforms and Registration Department, Government of Jharkhand, he submits that by the said letter, it was informed that the said lands are raiyati lands and along with that letter, the report of the Circle Officer was also annexed. He further submit that in the report, it has been clearly mentioned that the lands in question are of petitioner no.1 and the complaint made with regard to the same, is not correct. He submits that on these grounds the sale deed was presented before the District Sub-Registrar, Giridih, who has orally refused for registration of the land.