Chittatosh Mookerjee, J. - (1.) The petitioner claims to be the owner of Plot No. 7239, R.S. Khatian No. 3167 mouza Bali, District Howrah. In the Finally Published Revisional Records, the said Plot No. 7239 was classified as an agricultural land. On May 30, 1979, the petitioner had presented in the office of the District Sub - Registrar of Howrah a deed of sale for transferring about 3 cottahs of land out of Plot No. 7239. According to the petitioner, apian was attached to the said deed of sale showing the location of the said 3 cottahs of land. Without registering the said document the respondent No. 1 called upon the petitioner to produce a certificate from the Competent Authority under the Urban Land (Ceiling and Regulation) Act. 1976, in terms of Government of West Bengal, Land Utilisation and Reforms and Land and Land Revenue Department, (Urban Land Ceiling Branch)No. 63 - UL/6M - 3/77 dt. 7.1.77. Thereafter, on 7th June, 1979 the District Sub - Registrar, Howrah, the respondent No. 1, addressed Memo No. 807 to the petitioner informing him that in terms of Government of West Bengal, Land Utilisation and Land and Land Revenue Department (Urban Land Ceiling Branch) No. 63 - UL/6M - 3/77 dt. 7.1.77, for registration of his document he was required to produce from the Competent Authority, Howrah, a certificate to the effect, that in conformity with the classification entered in the Record of Rights, land intended to be transferred had been found on physical verification to continue to be used for the purpose of agriculture. The District Sub - Registrar, Howrah, informed the petitioner that unless the same was furnished, no document transferring agricultural land can be accepted for registration. The District Sub - Registrar also informed the petitioner that for transfer of agricultural land no permission from the Competent Authority was necessary but a certificate about agricultural nature of land from the Competent Authority was to be produced.
(2.) The petitioner, thereafter, filed this writ application inter alia, for directing and commanding the respondents to withdraw, cancel and rescind the said Memo dated 7th June, 1979 refusing to register the aforesaid deed of sale executed by the petitioner and for forbearing the respondents from giving effect or any further effect to the said memo. The petitioner has also prayed for quashing the impugned orders. Notices of this application were served upon the respondents. They have appeared and opposed the above prayers of the petitioner.
(3.) The short point in this application is whether or not the District Sub - Registrar, Howrah, the respondent No. 1, had acted lawfully by calling upon the petitioner to produce a certificate from the Competent Authority to the effect that in conformity with the classification entered in the Record of Rights the land intended to be transferred by the petitioner had been found on physical verification to continue to be used for the purpose of agriculture. In other words whether or not the production of such a certificate could be lawfully demanded before registering a deed for transfer of a plot of land which bad been recorded in the Finally Published Revisional Record of Rights as an agricultural land.;