The present writ petition has been filed for quashing the order dated 08.01.2018 passed by the District Level Committee, Deoghar whereby the application of the petitioners for issuance of Land Possession Certificate (LPC) for registration of the land has been rejected.

2. During the pendency of the writ petition, I.A. No. 7328 of 2018 was filed seeking quashing of memo No. 01 dated 15.01.2018 (Annexure-1 to the said interlocutory application) issued by the Deputy Commissioner, Deoghar whereby the petitioners were intimated that their application for grant of LPC has been rejected. The said interlocutory application was allowed and the petitioners were directed to incorporate the amendment in the writ petition.

3. The factual background of the case, as stated in the writ petition, is that the land under Jamabandi No. 5/3432F, being part of Settlement Plot No. 14/87, Sub Plot No. 7, admeasuring an area of 1250 sq. ft. under Ward No. 3(old) of Jasidih Notified Area Committee, New Ward No. 8 of Deoghar Nagar Nigam, situated at Mouza-Dhwouni, Thana No. 201, P.S-Jasidih, District-Deoghar (hereinafter referred to as ‘the said land’) was purchased by one Lalan Prasad Singh by a registered sale deed executed by the vendors i.e. Tejnarayan Dubey, Harikesh Dubey and Ganesh Dubey on 19.05.1984. Thereafter, he came in possession of the said land and got his name mutated in the revenue records of the government and started paying rent. After the death of Lalan Prasad Singh, the petitioners came in possession of the said land being the legal heirs and successors and also paid the rent to the government till 2014-15. Subsequently, the petitioners intended to sell the part of the said land and as such they applied for issuance of the LPC before the District Level Committee. However, the same was rejected vide order dated 08.01.2018 on the ground that the said land is recorded as ‘Parti Kadim’ in the survey khatiyan and the petitioners have not submitted any document to show that the said land has been converted from ‘Parti Kadim’ to ‘Basauri’.

4. Learned counsel appearing on behalf of the petitioners submits that pursuant to the order passed by this Court in W.P.(C) No. 6184 of 2014, the Department of Revenue, Registration and Land Reforms, Government of Jharkhand, has issued a letter bearing No. 195 dated 19.02.2016 whereby the Circle Officers have been directed to issue the LPC within a period of fifteen days from the date of the application for the purpose of registration of the land, failing which the registering authority has to register the sale deed presented for registration. However, the Deputy Commissioner, Deoghar vide letter No. 371 dated 13.06.2016, has arbitrarily constituted a committee comprising of himself, Additional Collector, Government Pleader and the Circle Officer for issuance of the LPC for registration of the land and to deal with revenue matters. The petitioners are in possession of the said land since long without any hindrance/obstruction whatsoever from any corner. Even the respondent authorities have recognized the possession of the petitioners/their predecessor-in-interest over the said land which would be evident from the rent receipts granted by the respondent authorities themselves. The order of rejection passed by the committee was never communicated to the petitioners, rather the same was published in the daily newspaper which reflects the arbitrariness of the respondents. A copy of memo no. 01 dated 15.01.2018 was however brought on record by the respondents by filing counter affidavit in W.P.(C) no. 2285 of 2018 (Kusumlata Devi & Ors. Vs. The State of Jharkhand & Ors.). The said land was earlier sold several times which was never objected. However, on this occasion, a new objection has been raised for registration of the document of sale of the part of the said land which is not permissible particularly in view of the fact that the registration of the document of sale of the land can never be denied on