DOMAN PRASAD YADAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition the petitioner has prayed for a direction on the respondent NO.3 to accept the execution of the deed of transfer and to register the transferred deed executed by the petitioner through his duly constituted attorney/ power of attorney holder. .The petitioner has further prayed for quashing the order of the Circle Officer dated 10.2.07(Annexure -5 Series) whereby the Circle Officer has rejected the petitioner's application and refused to grant no objection for execution of the sale deed.

(2.) THE petitioner's case is that the land appertaining to Plot No. 662, Zamabandi No.239 of Mouza - Jhausagarhi within Deoghar Municipal Ward No. 16 re -cordeda as Basauri (homestead) land was held and possessed by one Smt. Fibi Mehta, wife of Birchi Lal Mehta. The holder. of the land Fibi Mehta transferred an area of 2 Kathas and 4 Dhurs of Plot No. 662 to Bapi Chakraborty, son of Ramen Chakraborty and Subaul Noren, son of Late Babu Noren by virtue of a registered sale deed dated 7.4.1983. The purchasers Bapi Chakravorty and Subaul Noren by virtue of the sale deed dated 4.12.2000 transferred the said property to the petitioner Doman Prasad Yadav and his two brothers Yu all Prasad Yadav and Suresh Prasad Yadav. The petitioner in connection with his occupation had been residing out of Deoghar and therefore in order to negotiate the sale and to effect transfer, a general power of attorney was executed by the petitioner in favour of Abinash Kumar Sharma, son of Arun Sharma, resident of Vijay Path, Kesters Town, Deoghar. The said power of attorney was also registered before the Registrar on 7.2.07.

(3.) THE petitioner who was in need of money for medical treatment and other exigency, offered to transfer an area of 96 Sq. Feet of the portion of Plot No. 662 allotted to the petitioner in family partition under Zamabandi No. 1327. One Narendra Kumar Ambastha accepted the offer of purchase through the petitioner's power of attorney holder Abinash Kumar Sharma. The sale deed was drafted on 9.2.07 and was submitted for registration before the registering authority. The registering authority asked the power of attorney holder to bring no objection certificate from the Circle Officer pursuant to the direction contained in Memo NO.1 0, dated 14.1.04 issued by the Deputy Commissioner, Deoghar. The power of attorney holder of the petitioner then approached the Circle Officer Deoghar and filed an application 'requesting him to issue the required no objection certificate. The Circle Officer called for the report from Halka Karamchari. The Halka Karamchari submitted report that every thing was found in conformity with the law. In spite of the favourable report of the Halka Karamchari the Circle Officer refused to grant no objection to the petitioner by the impugned order dated 10.2.07 on the ground that the direction was issued by the Deputy Commissioner, Deoghar by Office Order No. 32/ 06 dated 27.12.06 to stop granting no objection certificate or giving the verification report to the power of attorney holder.