Sikander Singh v. The Sub-Registrar And Another
IN THE HIGH COURT AT CALCUTTA
[ CIRCUIT BENCH AT PORT BLAIR *** WPA/936/2023 Sikander Singh Vs.
The Sub-Registrar and another Ms. Anjili Nag ... for the petitioner Mr V.D.Sivabalan ... for the respondents September 27, 2023 [SR] Item No.4 It is really unfortunate that the Sub Registrar has putting all kind of obstacles and hurdles in getting the sale deed registered having presented way back on 11th May, 2018. The petitioner has agreed to sell his property/share to the purchasers upon receiving a consideration shown in the sale deed which was admittedly executed on 4th April, 2018. Obviously for the purpose of ascertainment of the stamp duty, the Tehsildar was approached to give the circle rate of the locality where the property being the subject matter of sale deed is situated. It appears that the Tehsildar assessed the circle rate/market rate prevalent at the locality and on the basis of the same, the stamp duty was ascertained and was deposited through electronic mode.
Astonishingly, despite the presentation of the sale deed, the Sub Registrar did not proceed to register the said document and in fact handed over the same to a third party. Subsequently, the original sale deed was retrieved from the third party and the Sub Registrar was approached for registration thereof but the trouble starts from such end. Stand was taken that since the considerable period has elapsed between the first presentation of the document and the subsequent presentation, the petitioner is liable to pay the stamp duty as on the date of the subsequent presentation.
The petitioner travelled to this Court and ultimately the Division Bench in MA/7/2022 disposed of the said appeal recording an undertaking given by the Additional District Magistrate, South Andaman that the concerned sale deed shall be registered by 12th October, 2022. The Division Bench further observed that the registration shall be done on the basis of the stamp duty and the registration charges as applicable as on 11th May, 2018 when the document was admittedly presented. Obviously the Division Bench was of the view that the sellers and the purchasers as described in the sale deed shall comply with all other facilities for registration of the said sale deed.
Despite undertaking having given by the Additional District Magistrate, South Andaman, the order of the Division Bench dated September 26, 2022 passed in MA/7/2022 was challenged before the Supreme Court by taking out a Special Leave Petition vide Diary No.42048/2022 which came up before the Bench on 22.09.2023 and the Apex Court refused to interfere with the impugned order and dismissed the special leave petition. The order of the Division Bench attained finality and therefore, the Sub Registrar cannot take a rebound and put a further spanner to the implementation of the order of the Division Bench which appears to have been done at the time of hearing of the instant writ petition.
It is sought to be contended that there is a discrepancy in ascertainment of the circle rate/market rate which does not appear to be wholly correct as a miniscule part omitted does not affect much on the government exchequer. It is further sought to be contended that much water has flown by the time between 11.05.2018 till date and therefore, it is the duty of the sellers/purchasers to provide the present status of the property. I am not impressed with the aforesaid submission as the registering authority cannot exceed its jurisdiction nor can extend its arm encompassing the jurisdiction and powers of the civil court. The Registering Authority being the creature of the statute cannot travel beyond the provisions of the statute nor can assume any such jurisdiction not vested in it.
Be that as it may, since the order of the Division Bench attained finality and a direction was passed that the registration should be done on the basis of the stamp duty
and the registration charges applicable as on 11th Mar, 2018, it is not open to the Sub Registrar to say anything which is either contrary to the order of the Division Bench or contravenes such order.
It is further sought to be contended that they must give a further documents relating to possession of the land being a subject matter of the sale deed. It appears from the record that the description of the land has been given and sketch map is also annexed thereto. It is not necessary that the seller or the purchaser would include some more documents which was conspicuously absent at the time of execution thereof. Even this Court does not find that submission of the sketch map with the sale deed is imperative and/or mandatory. What is important is a correct and sufficient description of the property intended to be sold. This court appreciates the stand of the respondents that the Demand Draft covering the registration charges which was deposited with the registering authority at the time of presentation i.e. 11.05.2018 cannot be encashed as it has limited validity.
This Court directs the petitioner to deposit the demand draft covering the amount of registration charges issued by any nationalized bank within a fortnight from date. Since the period stipulated in the order of the Division Bench for completing the formalities of registration of the sale deed has elapsed because the Sub Registrar chose to challenge the said order before the Supreme Court, this Court, therefore extends the time till 31st October, 2023 within which the registration shall be completed strictly in terms of the order of the Division Bench dated 26th September, 2022 passed in MA/7/2022.
For the abandoned precaution, it is hereby made clear that except for replacement of Demand Draft, registering authority shall not insist any other conditions for the purpose of registration which has not been indicated in the judgment of the Division Bench.
With the above observations and directions, the writ petition is thus disposed of. No order as to costs.
Urgent Photostat certified copies of this order, if applied for, be made available to the parties subject to compliance with requisite formalities.
( Harish Tandon, J. )