The land acquired under Section 25A of the Santhal Pargana Rent Regulation Act, 1886 was held to be transferable as Basuri land, and the registering authority had no grounds to deny registration. The court also directed the State Government to consider introducing suitable amendments to safeguard the interests of the raiyats and to provide fair compensation.

1. Petitioners, by way of filing the present writ petition under Article 226 of the Constitution of India, have prayed for issuance of an appropriate writ/ order/ direction, commanding upon the respondents particularly respondent Nos. 4 and 5 to register the sale deed executed by the vendor of the petitioners in favour of the petitioners with respect to 12.73 acres of land by sale deed dated 13.11.2007, as according to the petitioners, petitioners have got absolute right, title and the land being basuri land is being transferable under the provision of 25A (ii) of Regulation 1886. It is further prayed for issuance of an appropriate direction for quashing the letter bearing No. 4227 dated 15.9.2004 (Annexure-1) and letter No. 174 dated 14.2.2009 (Annexure-14), as according to the petitioners, the same are illegal, without jurisdiction and against the provisions of Registration Act.

2. Heard the learned senior counsel for the petitioners as well as the learned counsel appearing for the respondents-State Government and perused the materials placed on record.

3. The learned senior counsel for the petitioners submitted that the land of 12.73 acres were acquired under regulation 25A of the Santhal Pargana Rent Regulation, 1886 (Regulation II of 1886) for Dabur India Ltd. It is submitted that the then Zamindar through Manager Rohini Wards Estate, Deoghar applied for acquisition of land for erection of “manufacturing unit and construction of dwelling houses purposes” under Section 25A of the Santhal Pargana Rent Regulation Act, 1886 for an area of 12.73 acres for which a proceeding was initiated in the Court of S.D.O. in L.A. Case No.3 of 1943-44. Upon the payment of compensation to the Raiyats permission was accorded to acquire the land for Mr. P.C. Burman of Dabur India Ltd. for manufacturing and construction of dwelling houses purposes. The Company Dabur India Ltd further acquired 2.03 acres of land through the sale deed which is Basuri land over which there is no dispute. Further 0.63 acres of railway class-B Land was also settled by S.D.O. Deoghar for Dabur India Ltd for the above purpose. Thus total of 15.39 acres of land was given to the Dabur India Ltd and its name was also registered in Register II. Thereafter the Company set up its plant/ factory and constructed several houses/ residential buildings for its employees and officers. The purpose for which land was acquired continued for several decades. But since last few years the factory had to be closed down for several reasons and the land and structure were lying idle and unutilized, thereafter the said Company decided to sell and transfer the land as it was Basuri. The Deputy Commissioner, Deoghar issued a confidential letter bearing Memo No. 4227 dated 15.9.2004 whereby the concerned local officer/ authorities including District Sub-Registrar were intimated that attempt is being made by the Company to transfer its valuable land and it is necessary to make an inquiry and take appropriate decision and therefore, till further order the transfer of lands of the Company shall remain stayed. The Deputy Commissioner, Deoghar objected to the sale/transfer of land. It is submitted that the Sub Divisional Officer, Deoghar vide his enquiry report dated 17.12.2004 discussed in detail the entire history of the land and came to the conclusion that the land belongs to the Company and accordingly the said Company was entitiled to transfer the said lands. In support of this submission the learned senior counsel for the petitioners has referred photocopy of the report dated 17.12.2004 which has been annexed as Annexure-2 to the writ petition. It is submitted that District Land Acquisition Officer, Deoghar also submitted a similar report by giving conclusions that there is no legal hurdle in transfer of the land and in support thereof, the learned senior counsel for the petitioners has referred to photocopy of the report dated 31.12.2004 which has been annexed as Annexure-3 to the writ