Vvrs Pvt. Ltd & ORS. v. Additional District Magistrate & ANR.

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 16748/2023 VVRS PVT. LTD & ORS.

..... Petitioners Through:

Mr. Sunil Dalal, Sr. Advocate with Mr. V.P. Rana, Ms. Manisha Saroha, Mr. Navish Bhati and Mr. Nikhil Beniwal, Advocates.

versus ADDITIONAL DISTRICT MAGISTRATE & ANR.

..... Respondents Through:

Mr. Anupam Srivastava, ASC with Mr. Vasuh Mishra, Advocates for R-1 and 2.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

O R D E R

% 26.04.2024 1.

The Petitioner has approached this Court with the following prayers: "a) Issue a writ of mandamus or any other writ, order or directions thereby directing the respondent No.2 to register the sale deed dated 19.07.2022 presented on the same day for registration vide Slip No. 7,261 in accordance with provisions of Indian Registration Act, 1908;

b) Issue a writ of certiorari or any other writ, order or directions thereby quashing and setting aside the order issued by respondent No.1 (Annexure-P-8);

c) Issue a writ of mandamus or any other writ, order or directions thereby directing the respondent no.1 to The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

issue status report qua the subject land in case it is found essential to be issued in accordance with law for registration of sale deed dated 19.07.2022 (AnnexureP-5); d) Pass any other order or relief which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case in favour of the petitioners and against the respondents"

2.

The facts, in brief, of the case reveal that the Petitioner had approached the authorities for registration of a Sale Deed in respect of a property concerning 1/2th share in agricultural land measuring 47 Bigha and 13 Biswas, out of Khasra Nos. No.32/13/2 (2-00), 33/13/2(0-15), 14/2(0-8), 17(2-9), 18(4-12), 23(4-12), 24(2-10), 35/17/(1-17), 23/1(3-18), 23/2(0-18), 24(4-16), 25(2-9), 36/3(4-16), 5(1-11) , 8 (2-0), 37/23/2 (0-4), 24 (4-12) and 25 (3-06) situated in the revenue estate of Village Niazmpur, Delhi-110081. 3.

The Sale Deed was presented before the Respondent No.2/Sub Registrar-VI-D for registration. The Respondent No.2/Sub Registrar-VI-D called for a report from Respondent No.1/Additional District Magistrate. Material on record indicates that the Additional District Magistrate (ADM) has given a report that a Brief Transmission Form (BTF) has been issued by the Block Development Officer regarding pending litigation on the subject property.

4.

Learned ASC appearing for the Respondents states that Brief Transmission Form (BTF) is normally issued when a matter is marked to a Counsel. He states that in the facts of the present case, there is a dispute regarding the Bhumidhari Rights to the original predecessor interest of the Petitioner.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

This Court is of the opinion that the reason given by the Respondent No.1/Additional District Magistrate cannot be said to be a valid reason. Therefore, the reason given by the Respondent No.1/Additional District Magistrate is set aside.

6.

The matter is remanded back to the Respondent No.1/Additional District Magistrate to give a report to the Respondent No.2/Sub RegistrarVI-D within three weeks from today. 7.

With these observations, the writ petition is disposed of, along with pending application(s), if any.

SUBRAMONIUM PRASAD, J APRIL 26, 2024 S. Zakir The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.