Patna High CourtCWJC/11523/2016disposed

Bhupnarayan Mandal v. The State Of Bihar And ORS

2017-10-03Mr. Justice Prabhat Kumar Jha2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.11523 of 2016 =========================================================== Bhupnarayan Mandal S/o Late Ghuran Mandal Resident of village - Sanjahouti, P.O. /P.S. Allouli, District - Khagaria .... .... Petitioner

Versus

1. The State of Bihar through Collector Khagaria

2. Inspector General Registration State of Bihar

3. Collector, Khagaria

4. Sub - Registrar, Khagaria

5. Circle Officer, Allouli, Khagaria .... .... Respondents =========================================================== Appearance :

For the Petitioner/s : Mr. Rakesh Chandra, Advocate For the Respondent/s : Mr. GP26- NIRBHAY KUMAR SINGH =========================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR JHA ORAL JUDGMENT Date: 03-10-2017

1. Heard both sides.

2. Petitioner has filed this writ petition for a direction to the Sub-Registrar either to register sale deed or reject the registration of the sale deed presented by the petitioner.

3. Learned counsel for the petitioner submits that the land of Khata No.120, Khesra No.1312 area 9 katha was recorded as Gairmazrua land of the ex-landlord but the ex-landlord settled the land in favour of the petitioner and he was paying the rent. The petitioner executed the sale deed and presented the same before the SubRegistrar but the Sub-Registrar did not register the sale deed.

4. It is submitted that the Sub-Registrar has got no

Patna High Court CWJC No.11523 of 2016 dt.03-10-2017 2/2 power/authority to keep the sale deed presented before him pending. The Sub-Registrar may register the deed or reject on any valid ground to register the sale deed.

5. Having considered the aforesaid fact, the respondent no.4 is directed to either register the sale deed or reject the same in accordance with law within four weeks from the date of receipt of this order.

6. Accordingly, this writ petition stands disposed of. (Prabhat Kumar Jha, J) N.H./- AFR/NAFR NAFR CAV DATE N/A Uploading Date 10-10-2017 Transmission Date