Jagdish Sah v. The State Of Bihar And ORS

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.19562 of 2015 =========================================================== Jagdish Sah S/on late Ramshay Sah Resident of Village- Dhushmuri Bishanpur, P.s Mufassil, District Khagaria.

.... .... Petitioner/s

Versus

1. The State of Bihar through Collector Khagaria

2. Inspector General, Registration, State of Bihar Patna.

3. Collector, Khagaria.

4. Sub -Registrar, Khagaria.

.... .... Respondent/s =========================================================== Appearance :

For the Petitioner/s :

Mr. Rakesh Chandra, Advocate For the State :

Mr. Mrigendra Kumar, AC to GA 4 =========================================================== CORAM: HONOURABLE MR. JUSTICE AHSANUDDIN AMANULLAH ORAL JUDGMENT Date: 14-09-2017 Heard learned counsel for the petitioner and State.

2. The petitioner has moved the Court for the following relief:

"That this writ petition is being filed for issuance of writ mandamus commanding the respondents to register the sale deed dt.

28.10.2015 produced by the petitioner for registration in accordance with law as provided by the Registration Act and the judicial pronouncement of the superior court in this regard and for grant of any other relief/s as deemed fit and proper."

3. The grievance of the petitioner is that he had submitted a sale deed in which he was the vendee for registration before the respondent no. 4 on 28.10.2015 but till date neither any

Patna High Court CWJC No.19562 of 2015 dt.14-09-2017 2 / 2 order of refusal has been communicated nor the document registered.

4. Learned counsel for the State, from the counter affidavit filed, submitted that the land in the cadastral survey is recorded as gairmajarua aam-khas and, thus, there is some doubt with regard to the land being transferred through a genuine and valid vendee. However, he fairly submitted that the authorities would ensure that the process of verification is concluded expeditiously and does not go on for an indefinite period.

5. Learned counsel for the petitioner submitted that the writ petition be disposed off with such direction.

6. In view thereof, the writ petition stands disposed off with a direction to the respondent no. 4 to ensure that appropriate action is taken and orders, as may be required, are passed under the provisions of the Indian Registration Act, 1908 and the statutory Rules with regard to the document presented by the petitioner on 28.10.2015, expeditiously, and in any case latest within a period of two months from the date of production of a copy of this order before him.

(Ahsanuddin Amanullah, J) Anjani/- AFR/NAFR U