- (1.) IN this writ petition the petitioner has prayed for setting aside the order dated 2.7.07 passed by the respondents refusing to grant No Objection Certificate to the petitioner for the purpose of transferring the land appertaining to Khata No. 252, Plot No. 599, Village Chirkunda, Thana No. 252, District -Dhanbad measuring an area of 1.5 Decimals as required by the registering authority. The impugned order has been passed rejecting the application filed by the petitioner in compliance of the order dated 13.9.06 passed in W.P.(C) No. 5175/2006.
(2.) IT has been stated that earlier the petitioner had moved this Court for the same relief in W.P.(C) No. 5175/2006. By order dated 13.9.06 the said writ petition was disposed of holding that in view of the clear entries in revenue record, no enquiry to that respect is required by the revenue authority. The order for making such enquiry was held to be wholly arbitrary and illegal. The order dated 6.7.06 passed by the Additional Collector for such enquiry was quashed. The petitioner was directed to file a fresh application, if such certificate for transfer of the said land is still required. It has been stated that after the said order, the petitioner had again applied for No Objection Certificate before the Additional Collector, Dhanbad. The Additional Collector again refused to grant No Objection Certificate, almost on the same ground. The Additional Collector has not only rejected the petitioner's prayer, but also has delved into the issue of title and has held that since the land was recorded as Gair Abad Malik, 'No Objection for Sale' cannot be granted.
(3.) IT has been submitted that the order of the Additional Collector is not only whimsical, arbitrary and illegal. but the same is violation of the terms of the order passed by this Court in W.P.(C) No. 5175/2006.;