BISHUNATH NANDI Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD .

(2.) PETITIONER has prayed for quashing the Memo No. 167/Land Reforms dated 23.3.1998 (Annexure -1), issued by respondent No. 2 informing him that the Commissioner has stayed the permission of transfer of leasehold right in his favour and directing stay of registration, if any, pending the enquiry into the objections raised by respondent No. 6. Petitioner has further prayed for quashing letter No. 258 dated 20.4.1998 (Annexure -3) issued by respondent No. 5, whereby he had informed the respondent No. 4 that necessary action may be taken in connection with permission of sale of the premises in question in favour of respondent No. 6.

(3.) RESPONDENT No. 6 raised the following objections before the Commissioner, South Chhotanagpur, Ranchi. The total area of plot No. 2164 was one Katha three dhurs which comes to three decimals. Out of which by the said registered deed, she purchased an area of one Katha and 1 and 1/2 dhurs i.e. 2 -3/4 decimals with due permission. The seller intended to sell the other room of the building to the petitioner which is under one RCC roof and the western side wall of the room intended to be sold has already been sold to her. There will be difficulty in creating holding number also. In these circumstances, she requested not to grant permission in favour of the petitioner and after due enquiry the said premises be transferred in her favour for which she was ready to pay the price. Then the permission for transfer was granted in favour of petitioner, which was also objected by respondent No. 6. On such objections, respondent No. 2 initiated enquiry and stayed the permission of transfer granted to the petitioner and on this, operation of registration was also stayed. Respon dent No. 5 recommended that permission can be granted in favour of respondent No. 6 for sale of the premises, for which permission was already granted in favour of petitioner.