JAGA MAHTO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN the instant writ petition, the petitioner has prayed for issuance of a writ in the nature of certiorari for quashing the order/judgment dated 27.4.2001. passed by respondent no. 3 (Additional Collector, Garhwa) in Land Ceiling Appeal No. 11 of 1992 -93 and the order dated 3.7.2002. passed by respondent no. 2 (Additional Member, Board of Revenue, Ranchi) in Revision Case No. 19 of 2001.

(2.) I have heard the learned counsel at length and the facts, in brief, are reproduced as under: -

(3.) UNDER Section 16(1) of Explanation of the Act, for the purposes of Section 16 transfer does not include inheritance, bequest or gift and under Clause (iii), no land shall be transferred, exchanged, leased, mortgaged, bequeathed or gifted without a document registered in accordance with the provisions of Indian Registration Act, 1908 and under Clause 16(3) of the said Act, when any transfer of land is 'made after the commencement of this Act to any person other than a co - sharer or a raiyat of adjoining land, any co -sharer of the transferor or any raiyat holding land adjoining the land transferred, shall be entitled, within three months of the date of registration of the document of the transfer, to make an application before the Collector.