- (1.) HEARD counsel for the parties.
(2.) THE petitioner -appellant is aggrieved against the judgment dated th June, 2008 passed in W.P (C) No.4001/2007, by which the appellant's writ petition has been dismissed. The petitioner -appellant is a member of Scheduled Tribe and he intended to lease out his agricultural land to the Indian Oil Corporation and submitted the lease deed for registration before the District Sub -Registrar, West Singhbhum, Chaibasa, on 21st November, 2006. By letter no.177 dated 24th November, 2006, the parties were informed that as the land belonged to the member of Scheduled Tribe, the same can be transferred after previous sanction of the Deputy Commissioner. The petitioner applied for grant of permission on 29th December, 2006 before the Deputy Commissioner, West Singhbhum, Chaibasa. According to the learned counsel for the petitioner -appellant, the petitioner's said application for sanction for leasing out his agricultural land was not decided but the petitioner was of the view that the objection raised by the District Sub -Registrar by letter dated 24th November, 2006, is contrary to law and therefore, preferred to challenge the said communication of the District Sub -Registrar, asking the petitioner to obtain sanction of the Deputy Commissioner under the provisions of section 46 of the Chota Nagpur Tenancy Act, 1908.
(3.) LEARNED Single Judge, after considering provision of section 46 of the Chota Nagpur Tenancy Act, 1908, held that for such lease, which amounts to transfer of right by the member of Scheduled Tribe, previous sanction of the Deputy Commissioner is required.;