N.N.TIWARI
Pashupati Narayan Singh – Appellant
Versus
State of Jharkhand – Respondent
In this writ petition, the petitioner has prayed for a direction on the respondent No. 2 for issuance of 'No Objection Certificate' to sell his land, situated under Mauza Nirsa, Thana No. 72, Khata No. 177, Plot No. 1580 and area 2.3/4 decimals.
2. It has been stated that the petitioner is a lawful owner of the said land and in exercise of his ownership, he wanted to sell the same. When the petitioner went to the Registration Office for the purpose executing a sale deed, the registering authority asked to bring 'No Objection Certificate' from the Additional Collector, as per the direction of the Deputy Commissioner, Dhanbad. It has been stated that there is no such provision in law, yet the petitioner has been asked to produce a 'No Objection Certificate'. The Additional Collector also arbitrarily refused to grant 'No Objection Certificate' to the petitioner on the ground that the land was Gair Abad Malik.
3. A counter affidavit has been filed on behalf of the respondents stating, inter alia, that there is no provision for grant of 'No Objection Certificate' for sale of a raiyati land. The practice in Dhanbad District was being followed in view of the direction issued by the
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