VIJAY KUMAR SINGH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the State.

(2.) Petitioner has approached this Court for a direction on the Respondent Authorities to register the instrument of sale deed executed by the Respondent no.4 in his favour in respect of Plot no. 903 under Khata no. 66, Area 11/4 decimals of land situated at Mauja Garenja, P.S. Balumath, Thana No. 214, District Latehar as the Respondent no. 3 has refused to register the said document executed on 2.9.2014 by the Respondent no.4.

(3.) The instrument of sale deed is not on record. Respondent - State have made categorical statement in their counter affidavit that after inviting objection under Sec. 83(2) of the C.N.T Act, 1908 and disposing them of, the Record of Right and map of all revenue Villages and 7 Circles of Latehar District have been prepared and finally published under Sec. 84(2) of the Act of 1908 in the Extraordinary Gazette no. 624 dated 10.8.2005 of the Jharkhand Government. Vide notification dated 20.12.2005 issued by the Revenue and Land Reforms Department, Government of Jharkhand, it has been also declared that the said notification would be conclusive evidence of such publication of Record of Right for every revenue village under the Latehar District. Every entry in a Record of Right so published shall be evidence of the matter referred to in such entry and shall be presumed to be correct until it is proved otherwise (Annexure- A B). It is only upon the publication of the Record of Right and the instructions of the learned Commissioner, Palamau Division, the Sub Registrar Latehar would dispose the registration work of the land on the basis of recent Revisional Survey Record of Rights. Para 11 of the counter affidavit refers to the inquiry report of the Circle Officer, Balumath. It states that Mouza Grenja, P.S. Balumath, Khata no. 66, Plot no. 903 stands recorded as 'Gair Mazrua Malik' land. The jamabandi of the said land having an area of 2.85 acres was running in the name of Dasrath @ Bhalu Mahto, son of Kheya Mahto in the Register-II being holding no. 37, but there is no reference or order of the competent authority with regard to opening of the said 'Gair Mazrua Malik' land mentioned in Register-II. After mutation of the land, the jamabandi of the land in question was running in the name of private Respondent based on the Mutation Case No. 117 of 1986-87. In the recent survey the Plot no. 903 has been made as R.S. Plot No. 41, 42 and 43 and illegal possession of Jhalo Mahto, son of Kueya Mahto, resident of Bhainsada, Post Balumath, period 1976 with respect to new Plot no. 42, Area 1.03 acre and illegal possession of Manijar Mistri, son of Majar Mistri with respect to new Survey Plot no. 43, Area 0.63 acre have been mentioned in the Record of Rights and the new Survey Plot no. 41, Area-6.10 acres has been shown as 'Jangal' , Annexure-D is annexed in support thereof. Based on the inquiry report only, the Sub Registrar, Latehar refused to register the land in question in favour of the petitioner on the basis of Cadestral Survey Record.