Mina Devi vs State Of Jharkhand

Gautam Kumar Choudhary, J

Heard, learned counsel for the parties.

The instant Writ Petition has been filed for quashing the prohibited list (Annexure-8) wherein the land of the petitioner has been has been restricted from being transferred and as such, the sale-deed executed by the petitioner is not being registered by the Respondent No.5.

As per the case of the petitioner, the land, in question was purchased by him vide Registered Sale-Deed No.7710 dated 16.08.1991 and after the said purchase, it was duly mutated in his name vide Mutation Case No.13177 (VI)/2011-12 and rent receipt was issued accepting the rent from the petitioner.

It is contended that jamabandi was running in the name of the petitioner, and despite this, land is not being registered. Law is settled that registering authority cannot look into the title of the land. The division bench of this Court in WPC No.5088 of 2018 and its connected matters, has struck down the order restricting transfer of the land under Section 22-A of the Registration Act, 1908.

Learned counsel for the State while opposing the prayer does not dispute the legal position as canvassed by the petitioner.

Accordingly, the impugned prohibited list (Annexure-8) is hereby quashed.

The instant Writ Petition stands allowed. Pending I.A., if any, stands disposed of.

Let a copy of this order be communicated to the Respondent No.3 for its compliance at once.