UMA DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Aggrieved by order dated 14.08.2014 whereby, it has been found that the land comprised in the saledeed presented by the petitioner for registration comprised in Khata No.321, Khesra No.2368 is a Gairmazurwa land, registration of the saledeed has been declined.

(2.) The learned counsel for the petitioner refers to letter dated 13.08.2002 and submits that the saledeed was forwarded to the Collector for valuation for the purpose of payment of stamp duty however, the Collector without issuing any notice to the petitioner has held that the subject land is a Gairmazurwa land.

(3.) The learned counsel for the respondentState of Jharkhand raises a preliminary objection to the maintainability of the writ petition and submits that in view of Section 77 of the Registration Act, 1908, order dated 14.08.2014 can be challenged in the civil court. It is further submitted that registration of the saledeed comprising Gairmazurwa land would be against the public policy. The learned counsel relies on decision in