Legal Question in Civil Rights Law in India
Respected Experts, I want to draw attention to the concern authorities of Jharkhand state/central govt. regarding registration of land/property of Schedule Castes/Backward classes. As: "There is a mandatory provisions in Chapter VIII Section 46 of the Chhotanagpur Tenancy Act (CNT act 1908), which require previous permission from the concerned Deputy Commissioner in cases of transfer of land by members of Schedule Tribes/Schedule Castes /Backward classes and also Chapter VIII (Sections 46, 47, 48, 49) Of CNT act 1908 are included in the 9th Schedule at item No. 209). Contrary to this registration of land/property of Schedule Castes/Backward classes are being registered openly without any permission from the concerned Deputy Commissioner since 1966 till date. Prior to 1966 permission was mandatory and had been followed by everyone. Still it is being followed in case of members of schedule tribes.
When I inquired about this at one of the registry office, registrar showed me a letter of 1970 bearing letter no. from the govt. of Bihar (Jharkhand was erstwhile Bihar) which goes like this �Letter of Govt. of Bihar to all District Revenue officers / Registrar. Copy to all registrar/District Revenue officers �Restriction to sale of land /property by Schedule Castes/Backward Classes lifted�.� And after that no circular has been received by us which puts restrictions. I have the photocopy of the letter, also certified copy of it or it can be obtained through RTI act 2005. I have the cases in which people have lost at hon'ble Jharkhand high court on this ground in 2001 (Sukrin And Anr. vs Sitaram Sao And Ors. on 27/3/2001)and in 2003 (Sitlal Baitha @ Ram And Ors. vs Rudi Chamar And Ors. on 10/9/2003. What will be the fate of the deeds which had been and being registered daily and who will be responsible when a person losing with this ground? What should I do in this regard? Is the certified copy of said letter is admissible in a defense? How can I send/ approach/make complain to Hon'ble Jharkhand High Court/Supreme Court directly in a simple way like thro� e-mail or posting it at their websites? Pls. advice
Thanks to all.
2 Answers from Attorneys
You have not stated whether you are a purchaser of such land. Anyway, contact local lawyer as the Act you mentioned may have to interpreted for a complete understanding.
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