LAKSHYA INFRASTRUCTURE PRIVATE LIMITED Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By this petition, the petitioner seeks to quash the order dated 18.01.2011 (Annexure P-1) passed by the Collector, Raigarh, whereby, the Collector, has directed the Tahsildars of Raigarh, Pusor, Sarangarh & Baramkela and the Sub Registrars of Raigarh & Sarangarh, not to register the sale deed in respect of the land of tribal till the further instructions from the State Government. The petitioner also seeks a direction to the respondent No.4 i.e. Sub Registrar, Raigarh to register the sale deed Annexure P-4 of the petitioner in accordance with the provisions of the Registration Act, 1908 (for short "the Act, 1908") and thereafter, issue the sale certificate.

(2.) The facts, in brief, as projected by the petitioner, are that one Santram Rathiya was the registered owner of the land in question and he sold the same to the petitioner after getting the full amount of consideration and after obtaining the permission from the Board of Revenue. The sale deed has been presented in the office of Sub Registrar, Raigarh and the stamp duty to the tune of Rs.4,17,000/- has already been paid and all the inquiries have already been completed, but only because of the order of the Collector, the Sub Registrar is not registering the sale deed and issued the sale certificate. Thus, this petition.

(3.) Shri Paranjape, learned counsel appearing for the petitioner, would submit that when the petitioner has approached the office of the Registrar, Raigarh, the Sub- Registrar vide letter dated 04.02.2011 (Annexure P-2) informed the petitioner that though all the formalities have already been completed, but only because of the order passed by the Collector dated 18.01.2011, the sale deed cannot be registered.