CHAKRA PANI MISHRA Vs. KRISHNA

JUDGEMENT

(1.) INVOKING the extra-ordinary jurisdiction of this Court the petitioner who at the relevant time was working as Sub-Registrar in the office of the Registrar, Gwalior has filed the instant petition. Being aggrieved by certain observations/strictures passed against him in the order dated 18-1-99 Annexure P-1 by the Court of Vth Additional Distt. Judge to the Court of Distt. Judge, Gwalior. By the aforesaid order it has been directed that entries be made in the service book of the petitioner to the effect that in spite of the directions he has not carried out the same as per the Court's order.

(2.) THE facts which are relevant for disposing off the petition are that the respondent No. 1 had filed Civil Suit No. 83-A/84 against respondent Nos. 2 and 3 pertaining to specific performance of the contract. The prayer made in the suit was with regard to execution of sale-deed. The matter was decided and judgment and decree was passed in favour of respondent No. 1 by the Court of Vth Additional Distt. Judge to the Court of Distt. Judge, Gwalior. Subsequently execution proceedings were instituted in Case No. 83-A/84. After execution of sale-deed a letter was sent vide Annexure P-3 to the office of the Registrar, Gwalior wherein it was directed that the sale-deed in question be registered. After notice was received from the Court for registration, the petitioner who was working as Sub-Registrar issued a letter on 17-11-98 (Annexure P-4) inviting the attention of the Court to the provisions of Sections 26, 28 and 42 of the Urban Land (Ceiling and Regulation) Act, 1976. A clarification was sought for with regard, to applicability of the provisions of Ceiling Act before registering the document.

(3.) IT seems that the Court below instead of considering the queries raised by the petitioner initiated proceedings for contempt against him. The petitioner submitted his unconditional apology and in the reply Annexure P-6 pointed out that as the registration of documents has to be done after complying with various statutory provisions he had only sought instructions and brought to he notice of the Court the fact that provisions of Ceiling Act have to be complied with before registration can be done. It was submitted by him that there is no malafide intention or deliberate violation of the Court's order.