SANJAY KUMAR KADA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CHALLENGE in this petition is to the endorsement made by the Sub-Registrar (R), Raipur on the backside of the sale deed dated 8-7-2009 (Annexure P/1) whereby the Sub-Registrar (R) declined the registration of the sale deed on the ground that pursuant to the order dated 29-6-2007 (Annexure P/2) passed by the Collector, Raipur, true copy of the Khasra and Form B-1 has to be certified by the Revenue Officer under Rule 19(o) of the Madhya Pradesh/Chhattisgarh Registration Rules, 1939 (for short "the Rules, 1939"), as modified by the State of Chhattisgarh vide notification dated 27-6-2002. The petitioners further challenge the order dated 29-6-2007 (Annexure P/2) whereby the Collector, Raipur, has directed the Registration Officer under the provisions of the relevant rules to seek verification of documents from the Revenue Officers.

(2.) THE facts, in nutshell, for proper adjudication of the case, are that the petitioners are the owners of various properties situated at village-Amlidih, Raipur bearing different Khasra Numbers and their names have been recorded as Bhoomi Swami in the land records maintained under the provisions of the Chhattisgarh Land Revenue Code, 1959 (for short "the Code, 1959"). THE petitioners have entered into the agreement with various persons for the sale of their properties. After execution of the sale deed, the same has been presented by the power of attorney holder of the petitioners, but the same have been returned by the respondent No. 3 and directed the sellers to present the documents duly endorsed by the Revenue Officer. THE act of the respondent authorities is illegal and arbitrary. Learned counsel further submits that refusal on the part of the Registering authority is not only opposed to the public policy, but also invalid and constitutionally not sustainable. Thus, this petition.

(3.) I have heard learned counsel appearing for the parties, perused the pleadings and the documents appended thereto.