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2026:JHHC:10762 1
IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P.(C) No.2464 of 2026 ------ Narayan Jha Bhagat, son of Late Govind Jha Bhagat, R/o House No.22, Amagaria, P.O. Malhara, P.S. Rikiya, District Deoghar. … … Petitioner Versus
1. The State of Jharkhand.
2. Deputy Commissioner-cum-Registrar, Deoghar, P.O. + P.S. + District Deoghar.
3. Circle Officer, Mohanpur, P.O. Mohanpur, P.S. Mohanpur, District Deoghar.
4. Sub Registrar, Deoghar, P.O. + P.S. + District Deoghar. … … Respondents ------
CORAM : SRI ANANDA SEN, J. ------ For the Petitioner(s) : Mr. Onkar Nath Tewary, Advocate For the Respondent(s) : Mr. Suraj Prakash, Advocate ------
02/ 15.04.2026
By filing this writ petition, the petitioner has prayed for the following reliefs:-
"a. To issue land possession certificate (hereinafter referred as LPC) for measuring area of 8518 sq. ft. (19.55 decimals) of kamath (transferrable) land of mouza - Rampur, mouza No.-581, Jamabandi No.55/4, Plot No.621 (part), Circle - Mohanpur, P.O. Rampur, P.S. Rikiya, Dist - Deoghar, by operation of law to the petitioner immediately and forthwith as required for the registration of the land. b. To direct the concerned respondent especially respondent no. 3 by allowing the petitioner who is willingly and voluntarily dispose of his property by executing a registered sale deed in accordance to law."
2.
Heard learned counsel representing the petitioner and
learned counsel representing the respondents.
3.
It is the contention of the petitioner that without the
"Land Possession Certificate (LPC)", the respondents are not registering the sale deed.
4.
Admittedly, there is no provision of law which mandates issuance of "Land Possession Certificate".
2026:JHHC:10762 2
5.
Further a Coordinate Bench of this Court in W.P.(C) No.75 of 2025 (Dhiraj Kumar Sah Vs. State of Jharkhand & Ors.), while allowing the said writ petition vide order dated 03.11.2025, has set aside the Notification contained in Memo No.195 dated 19.02.2016 and Memo No.371 dated 13.06.2016, which were issued to give effect to Section 22A of "the Registration Act, 1908", as the same was itself declared ultra vires by the Hon’ble Supreme Court in the case of State of Rajasthan & Ors. Vs. Basant Nahata reported in (2005) 12 SCC 77.
6.
Since there is neither any statutory provision of production of "Land Possession Certificate" nor the same has got any statutory value in the eyes of law for execution of a sale deed, the Registering Authority cannot force the petitioner for production of the
"Land Possession Certificate" to register the sale deed.
6.1. Thus, I direct the petitioner to produce the document for registration.
6.2. It is made clear that the respondents will not force the petitioner to produce the "Land Possession Certificate" and will ensure registration of the sale deed, if the same is in order and complies with the mandate of law.
7.
With the aforesaid observation and direction, this writ petition stands disposed of.
(ANANDA SEN, J.)
15th April, 2026 Prashant. Cp-2
Uploaded on 17.04.2026