N.N.TIWARI, J. - (1.) In this writ petition, the petitioner has prayed for a direction on the respondent No. 2 for issuance of 'No Objection Certificate' to sell his land, situated under Mauza Nirsa, Thana No. 72, Khata No. 177, Plot No. 1580 and area 2.3/4 decimals.
(2.) IT has been stated that the petitioner is a lawful owner of the said land and in exercise of his ownership, he wanted to sell the same. When the petitioner went to the Registration Office for the purpose of executing a sale deed the registration 2authority asked to bring 'No Objection Certificate' from the Additional Collector, as per the direction of the Deputy Commissioner, Dhanbad. It has been stated that there is no such provision in law. yet the petitioner has been asked to produce a 'No Objection Certificate'; The Additional Collector also arbitrarily refused to grant 'No Objection Certificate' to the petitioner on the ground that the land was Gair Abad Malik. A counter affidavit has been filed on behalf of the respondents stating, inter alia, that there is no provision for grant of 'No Objection Certificate' for sale of a raiyati land. The practice in Dhanbad District was being followed in view of the direction issued by the then Deputy Commissioner. The requirement of 'No Objection Certificate' was assailed in Mohini Mohan Das and Ors. v. State of Jharkhand and Ors. WP (C) 4277 of 2006, in which the impugned order of the Additional Collector was set aside. The said order was challenged in Letters Patent Appeal, being L.P.A. No. 08/2007, and the said appeal was dismissed. The respondents, thereafter, preferred Special Leave Petition before the Hon'ble Supreme Court, which was also dismissed in limine.
(3.) IN view of such decision of this Court, now 'No Objection Certificate' is not required for registering any deed of transfer in the registry office.;