Jharkhand: MP Nishikant Dubey’s wife gets a big victory from the High Court
The court of Justice Gautam Kumar Chaudhary of Jharkhand High Court has given an important decision on Thursday, saying that the right to cancel the registered sale deed has been taken away from the Deputy Commissioners.
The court has said in its order that after the sale deed is registered, only the civil court can cancel it. Along with this, the court canceled the order issued by the state government in 2016, under which the Deputy Commissioners were given the right to cancel the sale deed and register an FIR.
MP Nishikant Dubey’s wife wins
In the same case, the sale deed of the land situated in Deoghar of Anamika Gautam, director of Online Entertainment Private Limited and wife of MP Nishikant Dubey, was also cancelled, which Gautam had challenged in the court. In the petition, Anamika Gautam had said that the Deoghar Deputy Commissioner has canceled the sale deed of her land in Shyamganj Mauza, Deoghar.
What did the court say?
The court said that this order is not legal. Earlier, after completing the hearing of this case, the court had reserved the decision. The court announced its verdict on Thursday. 33 people, including the wife of BJP MP Nishikant Dubey, had filed a petition against the cancellation of the sale deed of the Deputy Commissioners.
The court has said in its order that in case of cancellation of sale deed, all the FIRs registered on the instructions of the Deputy Commissioner will also be cancelled. The court has said that if the purchase and sale of land and its documents are registered fraudulently, then giving the Deputy Commissioners the right to cancel it is not legal.
To get the sale deed cancelled, a petition will have to be filed in the civil court
If someone feels that he has been wronged and the sale deed should be cancelled, he will have to file a petition in the civil court. Let us tell you that the Jharkhand government had issued a notification in the year 2016. In this, after the complaint of fraudulent transfer of land, the Deputy Commissioner was given the right to cancel the sale deed.
Deputy Commissioners also got the right to register FIR. After this, the Deputy Commissioner of many districts had canceled the sale deed and ordered to register an FIR.
The Deputy Commissioner does not have the authority to cancel the registered sale deed of land. Action has been taken in his case due to political motivation. The civil court has the right to cancel the deed. Similar allegations were made in other petitions also.
