BINGUL SAWAIYAN HO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The petitioner, Bingul Sawaiyan Ho, wanted to lease out his land belonging to khata No. 187, Plot No. 414, measuring on area 33 decimals of Mauja Gitilpi, Thana No. 580, District West Singhbhum in favour of Indian Oil Corporation, for a period of five years, for running a Petrol Pump (Fuel Ratail Outlet).

(2.) THE petitioner and the Indian Oil Corporation (for short IOC) entered into the agreement and settled with the terms. Accordingly, the lease deed was prepared. They wanted the lease deed to be registered and for that purpose; they presented the same before the District Sub -Registrar, West Singhbhum, Chaibasa on 21st November, 2006. By Letter No. 177 dated 24th November, 2006, the parties were informed that as the land belongs to a member of Schedule Tribes, the same can be registered only after previous sanction of the Deputy Commissioner.

(3.) THE Deputy Commissioner did not dispose of the petition dated 29th December, 2006. The petitioner claimed that the objection raised by the District Sub -Registrar by letter dated 24th November, 2006 is contrary to law and the same is liable to be quashed.