Doman Prasad Yadav @ Doman Yad vs State Of Jharkhand & Ors on 18 May, 2009

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Jharkhand High Court

Doman Prasad Yadav @ Doman Yad vs State Of Jharkhand & Ors on 18 May, 2009

Bench: Chief Justice

                          IN THE HIGH COURT OF JHARKHAND, RANCHI
                                 Cont. (C) Case No. 648 OF 2008


               Doman Prasad Yadav @ Doman Yadav Vs. State of Jharkhand & Ors.
                                                -------

      CORAM;                              HON'BLE THE CHIEF JUSTICE

      For the Appellant/Petitioner                              Mr.K.P.Deo

      For the Respondent/Opp. Party                             Mr.L.K.Lal, SC (L & C)
                                                       ------

5/ 18.5.2009

This is a petition for contempt wherein it was alleged by the petitioner that the respondents are guilty of willful disobedience of the order dated 28.1.2008 passed in W.P (C) No.1519/2007, wherein the learned Single Judge had been pleased to direct that the registration of the sale deed of the petitioner will be allowed to be done without insisting for no objection certificate from the Circle Officer.

The petitioner alleged that in spite of this order, the respondents are still insisting for the no objection certificate, in view of which this Court had passed an order on 4.5.2009 to the effect that the respondent no.4, Deputy Commissioner, Deoghar, shall file reply as to why he should not withdraw the order insisting for no objection certificate from the Circle Officer, when the same is contrary to the order passed by the High Court on 28.1.2008 in W.P (C) No.1519/2007.

It was explained by the Standing Counsel, Mr.L.K.Lal, on behalf of the respondent-State that the Deputy Commissioner, Deoghar, has already issued an order indicating that "no objection certificate" from the Circle Officer shall be insisted only with regard to Raiyati land, which is not Basuri land.

Issuance of this letter, thus, resolves the controversy. Thus, no case for contempt against the respondents is now made out at the instance of the petitioner's Advocate.

However, in the interest of justice and to check multiplicity of the proceedings, it is observed that if the petitioner approaches the Sub-Registrar for registration of his sale deed of any land and the said land is not a Raiyati but a Basuri land, then the sale deed is fit to be registered without "no objection certificate" from the Circle Officer. The Sub-Registrar will, however, be at liberty to insist for relevant materials in regard to the nature and character of the land in support of the plea that the land sought to be registered is a Basuri land.

(Gyan Sudha Misra, C.J) dey

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