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Jharkhand High Court · body

2012 DIGILAW 7 (JHR)

Uma Devi Saraf v. State of Jharkhand

2012-01-02

N.N.TIWARI

body2012
Judgment The grievance of the petitioners is that in spite of the clear direction of this Court in the case of Doman Prasad Yadav Vs. The State of Jharkhand & Ors., reported in 2008(1) JLJR 506 , the Sub Registrar, Deoghar has not accepted the sale deed for registration in absence of 'no objection certificate' though the sale deed is in respect of Basauri Land. 2. Learned counsel for the petitioners submitted that earlier Sub Registrar used to demand 'no objection certificate' issued by the Circle Officer on presentation of sale deed also in respect of Basauri Land. One Doman Prasad Yadav and several other persons had protested against the same. Doman Prasad Yadav had also filed writ petition in this Court, being W.P.(C) no.1519 of 2007. The said writ petition was disposed of by following effective (JCR at page 329)- “8. In view of the above discussion, it is held that the instant case of transfer of Basauri land, the registering authority has no ground for asking for no objection certificate from the Circle Officer. Refusal of the Circle Officer to grant such certificate by the impugned order contained in Annexure5 series is mechanical and the same appear to be issued without any application of mind. The petitioner's land, sought to be transferred, being not a Raiyati land, there was no application of the said instructions as contained in Annexures4 & 6 of the Deputy Commissioner. The order of the Circle Officer (Annexure5 series) thus being unfounded is, hereby, quashed. The registering authority is directed to accept the sale deed for registration, if there is no other legal impediment, without compelling the petitioner to produce no objection certificate on the basis of the said instruction or the administrative order of the Deputy Commissioner as contained in Annexures4 & 6.” 3. It has been submitted that despite the said order of this Court, the Sub Registrar, Deoghar has refused to accept the petitioners' sale deed for registration on the ground that the same has been presented without 'no objection certificate' issued by the Circle Officer. 4. Learned J.C. to S.C. (Mines), appearing on behalf of the respondents, submitted that if the petitioners' matter is covered by the said decision in Doman Prasad Yadav's case (Supra), there is no reason for demanding 'no objection certificate' and the petitioners' sale deed ought to have been accepted without demanding any 'no objection certificate'. 4. Learned J.C. to S.C. (Mines), appearing on behalf of the respondents, submitted that if the petitioners' matter is covered by the said decision in Doman Prasad Yadav's case (Supra), there is no reason for demanding 'no objection certificate' and the petitioners' sale deed ought to have been accepted without demanding any 'no objection certificate'. 5. I have heard learned counsel for the parties. 6. According to the petitioners, in spite of clear direction of this Court, Sub Registrar, Deoghar is still following the same practice of requiring 'no objection certificate' in case of transfer of Basauri land of the district. 7. This is an unfortunate state of affair that the respondents are still demanding 'no objection certificate' and unnecessarily harassing the parties to the transfer deeds, in spite of clear order of this Court to that regard in Doman Prasad Yadav's case. That tent amounts to disobedience of the order of this Court. Aggrieved persons are filing writ petitions for the same reliefs, which leads to unnecessary burden of pendency on this Court and unnecessary harassment to the litigants. 8. The public servants of a welfare State are meant for facilitating the citizens and not to put them to unnecessary harassment. Once an order is passed by this Court, all the cases covered by that order has to be dealt with in accordance with that order. The person cannot be compelled to obtain individual order, if the same issue is already decided by this Court. Acting contrary to the terms of the order or passing any deviating order unnecessarily would amount disobedience of the order of this Court and attract suitable legal action for defiance of the order of this Court as well as for behaving in the manner unbecoming to a public servant. 9. This writ petition is disposed of, giving liberty to the petitioners to approach the Deputy Commissioner-cum District Registrar, Deoghar Respondent No.2 and raise his grievance. If the said Deputy Commissioner finds that the matter is covered by the earlier decision of this Court, he shall direct the Sub Registrar accordingly. 10. Let a copy of this order be sent to the Chief Secretary, Jharkhand for circulating the same to all concerned with immediate effect.