P GNANGURU Vs. UNION OF INDIA

JUDGEMENT

(1.) THIS writ petition is filed for a direction against the third respondent, the Sub Registrar, Oulgaret to return the sale deed dated 13. 12. 1999 in P. No. 222/99 after completing the registration formalities.

(2.) THE case of the petitioner is that he has purchased a piece of land in Re-Survey No. 31/14 of Reddiar Palayam village, Puducherry from its lawful owners under a sale deed dated 13. 12. 1999. The said sale deed duly engrossed in the required stamp papers and presented for registration before the third respondent on 13. 12. 1999 and the third respondent has also received the document and collected the registration charges of Rs. 482/- and issued a receipt and assigned P. No. 222/99. Thereafter, when the petitioner contacted the third respondent, he was informed that there are some defects in the valuation and therefore the matter will be referred under Section 47-A of the Stamps Act and they will issue a notice to the petitioner. However, the petitioner has not received any notice. In these circumstances, the petitioner has filed the present writ petition.

(3.) IT is seen that the document was presented in december 1999 and was kept pending by the third respondent for more than 7 years without any justification at all. Even if there is any enquiry under Section 47-A of the Act, the petitioner is certainly entitled for notice at the time of enquiry.