RANCHI, India, July 28 -- Jharkhand High Court issued the following order on June 30:
1. The instant writ petition has been filed for quashing the prohibited list by of land under which the transfer of land of the petitioner is not being registered. The said list has been uploaded on the website of the Government of Jharkhand by the Revenue, Registration and Land Reforms Department.
2. The petitioner claims to be the rightful owner of the land appertaining to Khata No. 157, Plot No. 415 measuring 04 Katha and 05 Chhatak under Mouza No. 51, District Dhanbad. The Jamabandi of the land is running in the name of the parties from whom the petitioner has entered into a development agreement for construction of multistoried building.
3. The main grievance of the petitioner is that by the impugned order, the land in question has been put under the prohibited list in the National Generic Document Registration System, Department of Land Resources (Annexure-10), in pursuance of the order passed by the Department of Revenue, Registration and Land Reforms on 10.10.2019 under Section 22-A of the Registration Act, 1908. The main thrust of the argument is that the said notification on the basis of which the prohibited list has been uploaded, has been struck down by the Division Bench of this Court in W.P. (C) No. 5088 of 2018 and connected matters.
4. Learned counsel for the State does not dispute the legal submission advanced on behalf of the petitioner. 5. In this view of the matter, since the very notification on the basis of which the land of the petitioner has been put in the prohibited category, has been struck down, the said list loses any legal force and is accordingly quashed.
Under the circumstance, the impugned prohibited list is quashed.
This Writ Petition is allowed. Pending I.A., if any, stands disposed of.
Disclaimer: Curated by HT Syndication.
