IN THE HIGH COURT OF JHARKHAND AT RANCHI

(Civil Writ Jurisdiction)

WP(C) No. 2001 of 2019

Pramod Kumar Mandal

….. ...... Petitioner

Versus

The State of Jharkhand & Ors.

…. …. Respondents

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CORAM : HON’BLE MR. JUSTICE KAILASH PRASAD DEO

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For the Petitioner

: Mr. Vineet Prakash, Advocate

For the Respondents-State : Mr. Ratnesh Kumar, SC (L&C)-I

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The matter is being taken up through Video Conferencing. Learned counsel

for the parties have no objection with it and submitted that audio and video

qualities are good.

Order No.06 /Dated: 07

^th November, 2022

Heard, learned counsel for the petitioner, Mr. Vineet Prakash and

learned counsel for the respondents-State Mr. Ratnesh Kumar, SC(L&C)-I.

The petitioner, Pramod Kumar Mandal, son of Sri Basant Lal

Mandal, resident of village Banwarsa, P.O.-Khesar, P.S-Belhar, District-

Banka, Bihar has preferred this writ petition on 24.04.2019 for quashing the

Letter contained Memo No.371 dated 13.06.2016 issued by the Respondent

no.5, the Deputy Commissioner, Deoghar (Annexure-7), whereby and where

under the Joint Secretary has exceeded his jurisdiction by constituting an

illegal District Level Committee for issuance of LPC for registration of land,

by surpassing the provisions contained under the Registration Act, 1908,

wherein the District Sub-registrar is himself empowered to accept or deny

registration of a document, therefore the act of the respondent no.5 by

constituting an illegal committee is arbitrary, illegal and unsustainable in the

eyes of law. Though the letter contained in Memo No.371 dated 13.06.2016

issued by the Deputy Commissioner, Deoghar has been quashed by the co-

ordinate Bench of this Court in W.P.(C) No.5643 of 2017 in terms of order

dated 07.12.2018 affirmed by Hon'ble Division Bench in L.P.A No.226 of

2019 in terms of order dated 18.10.2022.

Learned counsel for the petitioner, Mr. Vineet Prakash has

submitted, that he is not pressing the second prayer. He has further prayed for

quashing the order/decision dated 08.01.2018 contained in Memo No.01

dated 15.01.2018 (Annexure-8) issued under the signature of the respondent

no.5, in minutes of meeting of District Level Committee, Deoghar, whereby

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the application of the petitioner for issuance of LPC for registration of land

has been rejected.

Learned counsel for the petitioner has further submitted, that

respondents may be directed to issue LPC in favour of the petitioner for

registration of Basauri transferable landed property pertaining to Jamabandi

No.30/3493 D and 31/3493 V comprised within new Town Plan Plot No.1280

and 1281, Settlement Plot No.95, admeasuring an area of 3800 sq. feet, under

Ward No.17 of Deoghar Municipality, situated in Mouza Khoradah, Mohalla

Bompass Town, Thana No.402, sub-division, Sub-registry, P.S. and District-

Deoghar.

Learned counsel for the petitioner has further submitted, that

petitioner is a owner having valid right, title and possession over Basauri

transferable landed property pertaining to Jamabandi No.30/3493 D and

31/3493 V comprised within new Town Plan Plot No.1280 and 1281,

Settlement Plot No.95, admeasuring an area of 3800 sq. feet, under Ward

No.17 of Deoghar Municipality, situated in Mouza Khoradah, Mohalla

Bompass Town, Thana No.402, Sub-division, Sub-registry, P.S and District-

Deoghar. The petitioner has purchased this land vide registered Sale Deed

No.2308 dated 02.09.1995 from the vendor Smt. Padma Mukherjee, W/o

Late Nihar Kumar Mukherjee, which has been brought on record as

Annexure-1. After purchasing the aforesaid landed property the petitioner

came in exclusive possession of the land and got his name mutated in the

revenue records of the Government vide M