RAJESH SHANKAR,J. - (1.) The present writ petition has been filed for quashing the letter contained in Memo No.371 dated 13.06.2016 passed by the respondent no.3 (Deputy Commissioner, Deoghar) whereby and whereunder a committee has been constituted for grant of Land Possession Certificate (in short LPC) for registration of land; and for issuance of direction upon the respondents to issue LPC to the petitioner immediately and forthwith as required for registration of land. The petitioner has further prayed for quashing the part of the order dated 16.12.2016 issued under the signature of Deputy Commissioner, Deoghar whereby the petitioner has been denied the issuance of LPC in his favour.
(2.) The factual background of the case, as stated in the writ petition, is that the petitioner purchased Basauri land, pertaining to Jamabandi No.3432F, present Jamabandi No.1 (new), comprised within the part of Settlement Plot No.956, Sub Plot No. 1, admeasuring an area of 1500 sq. ft. under Jasidih Notified Area Committee, situated in Mouza Chandpur, Ward No.3, Thana No.261, P.S Jasidih, District Deoghar (hereinafter to be referred as "the said land") from Sri Pyare Lal Singh and Ashok Kumar Mishra vide sale deed dated 16.09.2003. Thereafter, the petitioner came in physical possession of the said land and got her name mutated in the revenue record of the Government vide Mutation Case No.972/2004-05 dated 04.01.2005 and paid rent up to 2010-11. The petitioner, however, intends to sell the said land, as she is in urgent need of money and, accordingly, she applied for issuance of LPC on 05.05.2016 before the respondent no.6 (Circle Officer, Deoghar) as per the direction contained in Letter No. 195 dated 19.02.2016 issued by the Department of Revenue, Registration and Land Reform, Government of Jharkhand. However, the respondent no.6 did not pass any order on the said application within the prescribed period of fifteen days. Thereafter, the petitioner again made an application through speed post to the respondent no. 6 along with a copy of the sale deed and mutation order and requested him to issue LPC but he did not pass any order, rather suggested the petitioner to move before the Committee, constituted by the Deputy Commissioner, Deoghar vide letter no. 371 dated 13.06.2016. Thereafter, the petitioner moved before the Committee but till date the Committee did not issue the LPC in favour of the petitioner which gives rise to the filing of present writ petition.
(3.) Learned counsel appearing on behalf of the petitioner submits that pursuant to the order passed in W.P.C No.6184 of 2014 by this Court, the Revenue, Registration and Land Reforms Department, Government of Jharkhand, has issued a letter bearing no.195 dated 19.02.2016 whereby the Circle officers have been directed to issue LPC within a period of fifteen days from the date of the application for the purpose of registration of land, failing which the registering authority has to register the sale deed presented for registration. It is further submitted that the respondent no.6 did not issue the LPC within the prescribed period of fifteen days and as such he has violated the direction issued vide letter no.195 dated 19.02.2016 and the registering authority is duty bound to register the sale deed of the petitioner. The land of the petitioner was initially acquired vide L.A case No.4/1947-48 and is a transferable land which will be apparent from the information provided to her under Right to Information Act, 2005 vide letter no.1845 dated 11.12.2012. The Deputy Commissioner, Deoghar has constituted a committee, surpassing the direction contained in letter dated 19.2.2016 issued by the Revenue, Registration and Land Reform Department, Government of Jharkhand. It is also submitted that the petitioner vide application dated 31.03.2017 under Right to Information Act, 2005 made a request to the In-charge of Record Room, Deoghar to provide the records of L.A Case no. 4/1947-48, but the same was not supplied. Earlier also, the respondent no.6 had demanded the record of L.A Case No. 4 of 1947-48 from the in-charge of record room, Deoghar, who vide letter no.51 dated 31.03.2016 informed the Circle Officer Deoghar that the records of L.A Case No. 4 of 1947-48 were sent to the Court of learned Sub-Judge II, Deoghar on 08.06.1987. It is further submitted that the respondents have already issued the LPC to one Usha Singh whose land was also acquired in L.A case No. 4 of 1947-48. Thus, there cannot be any impediment in issuing LPC to the petitioner, as the investigation of land scam cases has been over and trial is continuing, which will be apparent from the order of this Court passed in W.P. (PIL) No.3338 of 2015.;