CHANDRAVATI DEVI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) IN this writ petition the petitioner has prayed for setting aside the order dated 2.7.07 passed by the respondents refusing to grant No Objection Certificate to the petitioner for the purpose of transferring the land appertaining to Khata No. 252, Plot No. 599, Village Chirkunda, Thana No. 252, District -Dhanbad measuring an area of 1.5 Decimals as required by the registering authority. The impugned order has been passed rejecting the application filed by the petitioner in compliance of the order dated 13.9.06 passed in W.P.(C) No. 5175/2006.

(2.) IT has been stated that earlier the petitioner had moved this Court for the same relief in W.P.(C) No. 5175/2006. By order dated 13.9.06 the said writ petition was disposed of holding that in view of the clear entries in revenue record, no enquiry to that respect is required by the revenue authority. The order for making such enquiry was held to be wholly arbitrary and illegal. The order dated 6.7.06 passed by the Additional Collector for such enquiry was quashed. The petitioner was directed to file a fresh application, if such certificate for transfer of the said land is still required.

(3.) IT has been submitted that the order of the Additional Collector is not only whimsical, arbitrary and illegal. but the same is violation of the terms of the order passed by this Court in W.P.(C) No. 5175/2006.