RANCHI, India, July 10 -- Jharkhand High Court issued the following order on June 10:
1. The instant writ petition has been filed under Article 226 of the Constitution of India for direction to remove the scheduled property from the prohibited list of the National Generic Document Registration System (NGDRS) by which the land has been put in prohibited list for registration.
2. As per the case of the petitioners, the land pertaining to Khata No.741/142 appertaining to Plot No. 1171/3696 measuring an area 2.90 acres and the land measuring an area of 2.68 acres within Khata No. 741/142 appertaining to Plot Nos. 1168/3696, 1169/3696, 1170/3696, 1328/3696 and 1329/3696, Mouza Kolakusma, Dhanbad was settled by the ancestors of the petitioners vide registered Patta dated 29.09.1945.
3. The petitioners purchased the said land and after purchase, the land was duly mutated in their name. By the impugned prohibited list, the scheduled land has been put in the non-registrable category. The petitioners submitted representation which was registered as Miscellaneous Case No.46 of 2022 for release of land from the prohibited list.
4. It is contended by the learned counsel that the Deputy Commissioner has no jurisdiction to restrain the transfer of land by putting it in the prohibited list, in view of the settled law on the point by this Court. 5. From the submissions advanced, it appears that the application for release of the land from the prohibited list has not been disposed of.
Accordingly, the Deputy Commissioner, Dhanbad (respondent no. 2) is directed to dispose of Miscellaneous Case No.46 of 2022 in the light of settled law, within six weeks from the date of receipt/production of a copy of this order.
Writ Petition is disposed of. Interlocutory Application, if any, is disposed of.
Disclaimer: Curated by HT Syndication.
