ARCHANA SUMAN Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The proforma respondents who were Vendor of the petitioner, executed Sale Deed on 21.12.2000 in respect of property consisting of land together with structures standing over R.S. Plot No. 97, Thana No. 207, Khewat No. 8, Khata No. 197, Municipal Holding No. 242, Ward No. 29, House No. 3/68, having an area of 2 Katha situated at Mohalla - New Area, Gandhi Nagar, Mouza - Hinoo, P.S. - Doranda, District - Ranchi. All the proforma respondents/ vendors are said to be widow and sons of Late Rajendra Prasad Sao who had purchased said land from one Md. Kamar, son of Md. Mansoor Ali through registered Sale Deed dated 08.08.1973 (Annexure - 1). Correction Slip in the name of petitioner's vendor is enclosed as Annexure - 2 to the writ petition. Counsel for the petitioner submits that when the Sale Deed dated 21.12.2000 was presented by vendors before the District Sub Registrar, Ranchi for its registration it was admitted and registration receipt (Chirkut) was also issued but the District Sub Registrar, Ranchi (Respondent No. 3) refused to receive registration fee on the ground that the landed property is subject matter of Sale Deed under Land Ceiling Act. The petitioner/ purchaser has now approached this Court for a direction to the respondent no. 3 to register Sale Deed executed by proforma respondents on 21.12.2000.

(3.) Learned counsel for the petitioner submits that plea of pendency of Land Ceiling Case bearing No. 355/76 before the appropriate officer as indicated through statements made in the counter affidavit and the Letter No. 453 dated 20.12.2000 of the Additional Collector, Land Ceiling, does not stand in the eyes of law as Urban Land (Ceiling and Regulation) Repeal Act, 1999 has been adopted by the State of Jharkhand vide Notification dated 24.01.2011, Annexure - A to the counter affidavit. It is contended that after repeal of the Urban Land Ceiling Act with effect from the date of Resolution in the State of Jharkhand, there can be no pending Land Ceiling proceeding. The refusal to register the Sale Deed and the land in question by the respondent no. 3 now becomes untenable in law.