YOGENDRA MEHRA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The sale deed dated 2nd July, 2014 presented by the petitioner vendor before the respondent no.4, District Sub Registrar, Koderma containing conveyance of the land situate on Khata no. 2/5, Plot no. 35, Area 1 decimal, Mauza Bisunpur, Jhumari Tilaiya, Ward no. 13 (old) and Ward no. 1 (new), District Koderma, has been returned by the Respondent no.4, District Sub Registrar, Koderma, making an endorsement that registration of plots under Mauza Bisunpur has been prohibited by Deputy Commissioner, Koderma, respondent no. 3 as per his order contained in Memo no. 2620 dated 29th Sept., 2011 (Annexure 3). Learned counsel for the petitioner submits that this is not in accordance with law and without application of mind. Respondent no. 4 seems to have relied upon the order at Annexure 3 which does not even contain reference of the plots comprising Khata no. 250 of Mauza Bisunpur totalling 333.62 acres, so as to make out any case for return of the sale deed. Since presentation of the sale deed has not been refused for any reason or otherwise it is based upon the communication of the order of Deputy Commissioner, Koderma itself, petitioner has been denied the remedy of appeal under Sec. 72 of Indian Registration Act, 1908. Such an action on the basis of a general direction cannot be sustained in the eye of law.

(3.) Respondents, in their counter affidavit, have stated that registration of land of village Bisunpur, which is Gair Majarua Khas land as per cadestral survey record, has been stopped due to the inquiry and verification being conducted by Deputy Commissioner, Koderma on allegation of unauthorized sale, transfer and exchange of land in the said mauza. All Circle Officers and Revenue Officers of the district were directed to examine the Zamabandi/Register-II of the raiyats, particularly in respect of Gairmajurwa Khas Land and on being found illegal or doubtful, to recommend proposal for their cancellation obtained by fraudulent and unscrupulous. Counsel for the Respondent State submits that on account of those reasons registration of the document was stopped. However, it is not clear from the stand of the respondent filed on 16th Sept., 2014 that such inquiry has been concluded.