- (1.) THE petitioner, by way of filing the present writ petition under Article 226 of the Constitution of India, has prayed for issuance of a direction upon the respondents particularly, respondent No. 3 the Deputy Commissioner, Koderma for giving permission to sell the Raiyati Land of the petitioner, situated in Mouja Nawada, Thana No. 249, Khata Nos. 3, 4, 11, 23 and 43, total area 48 1/2 decimals, as the raiyati land has been purchased by the petitioner and he is paying rent to the State Government. Heard the learned counsel for the parties and perused the materials, placed on record.
(2.) IT appears that the present petitioner, who is aged about 54 years suffering from cancer, is waiting for requisite permission from the Deputy Commissioner, Koderma for transfer of land in question but the said permission has not been granted by raising certain queries. From perusal of the material placed on record, it appears that the competent revenue authorities have clearly stated about the nature of the land and a report to that effect has been submitted before the Deputy Commissioner, Koderma. Likewise, legal opinion sought for by the Deputy Commissioner, Koderma is also clearly indicates that there is no legal obstacle, if the requisite permission is granted in favour of the petitioner. However, till date, no further steps have been taken by the competent authority for grant of the requisite permission to the petitioner for transferring the land in question. It further appears that the petitioner has time and again approached the respondent authorities but the matter with regard to grant of permission has been lingered for one or other reason. It further appears that the petitioner submitted his last representation on 17.10.12 and the said representation is also still pending without any decision and, therefore, having regards to the facts and circumstances, narrated in this petition, which is supported by the documentary evidence, produced vide various Annexures to this petition, it would be just and proper to direct the respondent authorities, particularly, the Deputy Commissioner, Koderma to deal with and decide the representation made by the present petitioner dated 17.10.2012 without any further delay, preferably within a period of one month from the date of receipt of a copy of this order. The Deputy Commissioner, Koderma shall decide the said representation in accordance with law after giving an opportunity of being heard to the petitioner. The petitioner is at liberty to produce the documentary evidence, which is produced with this petition. before the Deputy Commissioner, Koderma and the same shall be considered before deciding the representation. In this view of above position, the Deputy Commissioner, Koderma, after examining the revenue records as well as legal opinion and the other documents that may be produced before him shall pass appropriate order in accordance with law regarding grant of requisite permission to the petitioner in respect of transfer of the land in question, if there are no legal impediments exist in the case, within a period of one months from the date of receipt of a copy of this order, as the petitioner is suffering from cancer. With the aforesaid observation and direction, this writ petition stands disposed of.;