Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
RAJESH SHANKAR, J.
Krishna Deo Choudhary - Petitioner
Versus
The State of Jharkhand and Ors - Respondent
W.P.(C) No. 4553 of 2018
Decided On : 15-12-2018
Constitution Of India,1950 - Department of Revenue - Transferrable landed property - Petitioner purchased transferrable landed property vide registered sale deed pertaining comprised within part of Settlement Plot admeasuring an area decimal situated in -Rampur Thana No- Sub-division Sub-registry & District- vide registered sale deed transferrable landed property pertaining comprised within part of Settlement Plot admeasuring an area decimal situated in -Rampur Thana Sub-division Sub-registry & District and vide registered sale deed no- transferrable landed property pertaining to comprised within part of Settlement Plot admeasuring an area situated in -Rampur Thana No- Sub-Division Sub-registry & District from his vendors petitioner applied for mutation of said land in his name before respondent Circle Officer who after due enquiry mutated land pertaining to sale deed in his name vide Mutation Case and rent was paid for petitioner intends to sell an area –Held, Petitioner has brought on record copies of relevant documents pertaining to land in question such as sale deed order of mutation and rent receipts issued with respect to said land petitioner has also brought on record different orders passed in Land Acquisition Case respondents have not raised any question regarding authenticity of orders passed in aforesaid land acquisition cases in their counter affidavit petitioner has further brought on record decision of District Level Committee in support of his contention that two persons have already been issued LPC for land pertaining to same court in catena of judgments has that Registration there are only three basic requirements there must be valid presentation valid execution adequate stamp duty and if all said three conditions are complied with there is no option with registering authority but to register document- A Division Bench of this court State of Jharkhand has that one cannot get title merely by registered sale deed and it is an instrument only of transfer of what is possessed by vendor and nothing more than that- title is not created only by sale deed but it is created in favour of person from whom he purchased property subject to foundational fact that seller should be owner and should have saleable right- It is also a well-known principle “buyers beware which also indicates that if a buyer purchases any property without enquiring about title of property he/she does so at his/her own risk - Petition disposed
ORDER :
1. The present writ petition has been filed for issuance of direction upon the respondents to issue Land Possession Certificate (LPC) to the petitioner immediately and forthwith as required for registration of the land.
2. The factual background of the case as stated in the writ petition is that the petitioner is the owner of Basauri transferable land pertaining to Jamabandi No. 26/ga, Settlement Plot No. 698, admeasuring an area of 40428 sq.ft., situated in Mouza-Rampur, Thana No. 581, P.S.-Mohanpur, Sub-division, Sub-registry & District- Deoghar.
3. The petitioner purchased Basauri transferrable landed property (i) vide registered sale deed no. 1038 dated 31.03.2001 pertaining to J.B. No. 26/Ga, comprised within part of Settlement Plot No. 698, admeasuring an area of 58½ decimal, situated in Mouza-Rampur, Thana No. 581, P.S.-Mohanpur, Sub-division, Sub-registry & District- Deoghar; (ii) vide registered sale deed no. 1052 dated 31.03.2001 Basauri transferrable landed property pertaining to J.B. No. 26/Ga, comprised within part of Settlement Plot No. 698, admeasuring an area of 58½ decimal, situated in Mouza-Rampur, Thana No. 581, P.S.-Mohanpur, Sub-division, Sub-registry & District- Deoghar; and (iii) vide registered sale deed no. 4332 dated 17.12.2003 Basauri transferrable landed property pertaining to J.B. No. 26/Ga, comprised within part of Settlement Plot No. 698, admeasuring an area of 34,240 sq.ft., situated in Mouza-Rampur, Thana No. 581, P.S.-Mohanpur, Sub-Division, Sub-registry & District- Deoghar from his vendors Sri Kartik Narain Narone and Smt. Smriti Rekha Narone. Thereafter, the petitioner applied for mutation of the said land in his name before the respondent no. 6 – the Circle Officer, Mohanpur, Deoghar, who after due enquiry, mutated the land pertaining to sale deed nos. 1038 and 1052 on 23.09.2003 in his name vide Mutation Case No. 40/2003-04 and the rent was paid for the year 2003-04. The petitioner intends to sell an area of 40428 sq.ft. out of the said land as he is in urgent need of money and as such, he applied for issuance of LPC before the respondent no. 6 on 09.09.2017 and 11.08.2018 for the purpose of registration of the said land, which has not been issued till date.
4. The learned counsel for the petitioner submits that pursuant to the order dated 19.05.2015 passed in W.P.(C) No. 6184 of 2014 by this Court, the Department of Revenue, Registration and Land Reforms, Government of Jharkhand, Ranchi, has issued a letter bearing no. 195 dated 19.02.2016 whereby the Circle Officers have been directed to issue LPC within a period of fifteen days from the date of the application for the purpose of registration of land, failing which the registering authority has to register the sale deed presented for registration. It is further submitted that the District Level Committee in not issuing the LPC within the prescribed period of fifteen days has violated the direction issued vide letter no. 195 dated 19.02.2016 by the Department of Revenue, Registration and Land Reforms, Government of Jharkhand. Under the said circumstance, the registering authority is bound to register the sale deed presented by the petitioner. It is further submitted that the respondents have already issued the LPC to two persons namely, Sudarshan Rajeev Ranjan Jha and Amar Nath Shringari for the land situated in the same mouza. Thus, there cannot be any justifiable reason in not issuing LPC to the petitioner for the land in question on the ground that the trial relating to the alleged land scam cases is pending.
5. The learned counsel for the respondents submits that the letter as contained in memo no. 371 dated 13.06.2016 has been issued by the respondent no. 3 to implement the direction of the State Government as per the letter no. 195 dated 19.02.2016, keeping in view the prevailing situation in the district of Deoghar to have proper check on fraudulent acts of the local land mafias and to avert any further scam. It is also submitte
SupremeToday
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
