- (1.) The grievance of the petitioners is that in spite of the clear direction of this Court in the case of Doman Prasad Yadav v. State of Jharkhand & Ors., 2008 3 JCR 322, the Sub Registrar. Deoghar has not accepted the sale-deed for registration in absence of 'no objection certificate' though the sale-deed is in respect of Basauri Land. Learned Counsel for the petitioners submitted that earlier Sub Registrar used to demand 'no objection certificate' issued by the Circle Officer on presentation of sale-deed also in respect of Basauri Land. One Doman Prasad Yadav and several other persons had protested against the same. Doman Prasad Yadav had also filed writ petition in this Court, being W.P.(C) No. 1519 of 2007. The said writ petition was disposed of by following effective order (JCR at page 329) :-- 8. In view of the above discussion, it is held that the instant case of transfer of Basauri land, the registering authority has no ground for asking for no objection certificate from the Circle Officer. Refusal of the Circle Officer to grant such certificate by the impugned order contained in Annexure-5 series is mechanical and the same appear to be issued without any application of mind. The petitioner's land, sought to be transferred, being not a raiyati land, there was no application of the said instructions as contained in Annexures-4 & 6 of the Deputy Commissioner. The order of the Circle Officer (Annexure-5 series) thus being unfounded is, hereby, quashed. The registering authority is directed to accept the sale-deed for registration, if there is no other legal impediment, without compelling the petitioner to produce no objection certificate on the basis of the said instruction or the administrative order of the Deputy Commissioner as contained in Annexures-4 & 6.
(2.) It has been submitted that despite the said order of this Court, the Sub Registrar, Deoghar has refused to accept the petitioners' sale-deed for registration on the ground that the same has been presented without 'no objection certificate' issued by the Circle Officer.
(3.) Learned J.C. to S.C. (Mines), appearing on behalf of the respondents, submitted that if the petitioners' matter is covered by the said decision in Doman Prasad Yadav's case , there is no reason for demanding 'no objection certificate' and the petitioners' sale-deed ought to have been accepted without demanding any 'no objection certificate.;