Jharkhand High Court
Sushma Singh vs State Of Jharkhand Through ... on 6 October, 2023
IN THE HIGH COURT OF JHARKHAND AT RANCHI
W.P (C) No. 1980 of 2022
1. Sushma Singh
2. Vinod Kumar Mendiratta --- --- Petitioners
Versus
1. State of Jharkhand through Principle Secretary, Department of Land
Reforms
2. Deputy Commissioner, Dhanbad
3. Land Reforms Deputy Commissioner, Dhanbad
4. District Land Registry Office through Registrar, Dhanbad
5. Circle Officer, Dhanbad Circle, Dhanbad--- --- Respondents
---
CORAM: Hon'ble Mr. Justice Ambuj Nath
---
For the Petitioners: Mr. Amritansh Vats, Advocate
For the Resp.-State: Ms. Shivani Kapoor, A.C to S.C-II
---
08 / 06.10.2023 Petitioners have filed this writ application with a prayer to direct the
Respondent No. 4 - District Land Registry Office, Dhanbad to register the sale
deed of flats / residential apartments situated in Shristi Boulevard, appertaining
to Plot No. 981, Ward No. 26, Halka-2, Mouza-Hirapur, Dhanbad.
2. Case of the petitioners is that the aforesaid land was recorded in the
Record of Rights as 'Bihar Sarkar / Anabad. The Ex-Intermediary Raja Shiv
Prasad Singh, by two registered Patta dated 16.03.1923, settled 20 katthas of
land in the name of S.N. Chakraborty and annual rent was fixed at Rs. 13/-.
S.N. Chakraborty continued paying rent to the Ex-Intermediary and rent
receipts were also issued. After coming into possession of the aforesaid land,
S.N. Chakraborty constructed his house over 10 kattha of land and rest 10
katthas of land was left vacant. Subsequently, S.N. Chakraborty sold the entire
vacant 10 Katthas of land to one Bagla Bala Devi on 02.05.1943. The said
Bagla Bala Devi thereafter sold the aforesaid land to Usha Rani Devi by
registered sale deed dated 28.03.1946. The name of Usha Rani Devi was
entered into Revenue Records and she was paying rent to the State of Bihar
since September 1963. Usha Rani Devi thereafter sold the aforesaid land to one
Biswajeet Roy by registered sale deed dated 25.09.1972. Thereafter, petitioner
No. 1-Sushma Singh purchased the aforesaid land from Biswajeet Roy.
3. While Usha Rani Devi was in the possession of the aforesaid land, her
right, title and interest had come under cloud, due to which, she had filed a
Title Suit No. 7/1964 before the Sub-Judge-I, Dhanbad in which State was also
party. The Sub-Judge-I, Dhanbad vide his judgment and decree dated
21.06.1968, allowed the suit and confirmed the right, title and interest of Usha
Rani Devi. The defendant State did not challenge the judgment and decree
passed in the suit. Therefore, it attained finality. Subsequently, petitioner no. 1
entered into a development agreement with a developer and thereafter, three
storied building was constructed comprising of several flats. The petitioner no.
2 had purchased one of the flats and the same was registered by registered sale
deed 03.07.2019. Petitioner no. 2 thereafter entered into an agreement to sell
the flat to another purchaser. When he approached the Respondent No. 4-
Registrar, District Land Registry Office, Dhanbad for execution of the sale
deed, his prayer was refused on the ground that the land on which flat was
constructed, was shown as Bihar Sarkar / Anabad in the Record of Rights.
4. Counter affidavit has been filed on behalf of the Respondent State
accepting the entire case of the petitioner. However, it was submitted that as the
land was shown to be Bihar Sarkar / Anabad in the portal of NGDRS, the
problem is persisting.
5. Be that as it may, right, title and interest of the petitioner no. 1 over the
aforesaid land has been declared by the competent Civil Court and the
Respondent No. 4 cannot further challenge the title of the petitioner no. 2 who
was the subsequent purchaser. Accordingly, it is hereby
Ordered
that the Respondent No. 4 - Registrar, District Land Registry Office, Dhanbad
shall register the sale deed on the same day when it is presented for registration.
5. With the aforesaid direction, this writ application is allowed. Pending
I.A., if any, stands disposed of.
(Ambuj Nath, J)
Ranjeet/
