Arvind Kumar, S/o Ashutosh Mandal v. State of Jharkhand
2019-01-07
SUJIT NARAYAN PRASAD, SUJIT NARAYAN PRASAD
body2019
DigiLaw.ai
JUDGMENT : 1. After canvassing some arguments, learned counsel for the petitioner has placed on record unreported judgment passed by this court in W.P.(C) No.4553 of 2018 copy of which has been handed over upon the learned counsel for the State and submitted that the matter may be disposed of in terms of the aforesaid order. With the consent of the parties, the writ petition has been taken up for final hearing and is being disposed of. 2. The present writ petition has been filed for issuance of direction upon the respondents to issue Land Possession Certificate (LPC) to the petitioner as required for registration of land. 3. The factual background of the case, as stated in the writ petition, is that the Petitioner No.1 vide registered Sale deed No.2280 dated 13.08.04 has purchased and acquired Basauri landed property pertaining to part of Jamabandi No. 3432/7, comprised within Plot No. 148, 181 and 178, admeasuring an area of 1309 sq. feet, within Ward No.2 of Jasidih Notified Area Committee situated in Mouza Ramchandrapur, Thana No.202, P.S. Jasidih, Subdivision, Sub-registry and District Deoghar from the vendor Smt. Sita Devi, W/o Sri Ayodhya Prasad Manjhi; the Petitioner No.2 vide registered Sale deed No.2279 dated 13.08.2004 has purchased acquired Basauri landed property pertaining to part of Jamabandi No. 3432/7, comprised within Plot No. 148, 181 and 178, admeasuring an area of 1100 sq. feet, within Ward No.2 of Jasidih Notified Area Committee situated in Mouza Ramchandrapur, Thana No.202, P.S. Jasidih, Subdivision, Sub-registry and District Deoghar from the vendor Smt. Sita Devi, W/o Sri Ayodhya Prasad Manjhi. Thereafter the petitioners applied for mutation of the said land in their names before the respondent no. 6 – the Circle Officer, Deoghar, who after due enquiry mutated their names vide Mutation Case No. 704/06-07 and Mutation Case No.703/06-07 respectively. The petitioners intends to sale their said land as they are in urgent need of money and as such, they applied for issuance of LPC before the District Level Committee on 23.10.2018 for the purpose of registration of the said land, which has not been issued till date. 4. 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.
4. 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 is not issuing the LPC within the prescribed period of fifteen days violating 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 petitioners. There cannot be any justifiable reason in not issuing LPC to the petitioners 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 submitted that the petitioners have not produced necessary documents for issuance of LPC before the District Level Committee. Moreover, the revenue records in relation to the concerned land have been seized by the CBI in connection with the investigation of the criminal cases. 6. Heard the learned counsel for the parties and perused the materials available on record. The petitioners claim to have acquired the landed property in question through registered sale deed and intend to sale the same. The petitioners have brought on record the copies of the relevant documents pertaining to the land in question such as sale deed, order of mutation and rent receipts issued with respect to the said land. 7.
The petitioners claim to have acquired the landed property in question through registered sale deed and intend to sale the same. The petitioners have brought on record the copies of the relevant documents pertaining to the land in question such as sale deed, order of mutation and rent receipts issued with respect to the said land. 7. This court in catena of judgments has held that under the Registration Act, 1908 there are only three basic requirements i.e., (a) there must be valid presentation; (b) valid execution; and (c) adequate stamp duty and if all the said three conditions are complied with, there is no option with the registering authority but to register the document. A Division Bench of this court in L.P.A No. 321 of 2012 (State of Jharkhand Vs. Pritindra Narayan Roy & Ors.) has held that one cannot get title merely by registered sale deed and it is an instrument only of transfer of what is possessed by the vendor and nothing more than that. The title is not created only by sale deed but it is created in favour of the person from whom he purchased the property subject to foundational fact that the seller should be the 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 the title of the property, he does so at his/her own risk. 8. In view of the aforesaid discussion, the District Level Committee headed by the respondent no. 3 -the Deputy Commissioner, Deoghar is directed to issue LPC for the land in question in favour of the petitioners within fifteen days from the date of receipt/production of a copy of this order. 9. The writ petition is accordingly disposed of.