Punam Kumari v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.3 of 2019 ====================================================== Punam Kumari wife of Ganesh Kumar Resident of Village-Jaitpur,P.S. Barahiya,Distt.-Lakhisarai ... ... Petitioner/s

Versus

1.

The State Of Bihar through the Principal Secretary, Department of Registration, Government of Bihar, Patna 2.

The District Magistrate,Lakhisarai 3.

The Registrar,Registry Office,Lakhisarai 4.

Binod Kumar Son of Late Ramchandra Singh Resident of VillageGangasarai,P.s. Barahiya,Distt.-Lakhisarai ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Manish Kumar No-2, Advocate For the Respondent/s :

Mr.A. Chaturvedi, AC to SC-11 ====================================================== CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER 04-12-2019 Heard learned counsel appearing on behalf of the petitioner and learned counsel appearing on behalf of the State. The grievance of the petitioner in the present writ petition is non-registration of the sale deed on its presentation by the petitioner.

Learned counsel appearing on behalf of the State would submit that the land in question is under restricted list of lands and as such the registering authority has rightly refused to register the document.

Under the Registration Act, the registering authority is only required to examine whether the document is in order and the other formalities as required for the purpose of registration

Patna High Court CWJC No.3 of 2019(2) dt.04-12-2019 2/2 have been complied or not. They are not supposed to examine other issue as to title. Hence, objection of the registering authority in the matter of registration of document, according to this Court, is not sustainable.

Accordingly, the writ petition is allowed.

The Registering Authority is directed to consider registration of the sale deed, if otherwise, the document is in order in terms of the provisions of the Registration Act. It is made clear that registration of the document will not, in any manner, preclude the State from questioning the validity of the title, if otherwise, not available to the petitioner. (Anil Kumar Upadhyay, J) spandey/- U