DHABALA PRASAD PRADHAN Vs. RAMESH CHANDRA PANDA

JUDGEMENT

(1.) The petitioner files this petition under Section 15 read with Section 12 of the Contempt of Courts Act, 1971 for initiation of contempt proceeding against the contemnor-opposite party for non-compliance of the direction issued by this Court vide order dated 21.10.2014 passed in W.P.(C) No. 9997 of 2014.

(2.) The short facts of the case in hand is that the petitioner had purchased a piece of land comprising of an area of Ac.0.22 out of Plot No.1708 in mouza-Gopalpur in the district of Cuttack pertaining to Khata No. 285 through registered sale deed dated 08.02.2013/ 11.02.2013. In order to meet the expenses for treatment of his ischemic heart disease or cardiac ailments, the petitioner wanted to sale the land and get the consideration money. The intending purchaser disclosed that there is no chance of registration of the sale deed since the name of the petitioner does not find place in the Record of Rights. Therefore, the petitioner filed W.P.(C) No. 9997 of 2014 before this Court. While entertaining such application, this Court passed an interim order on 6.8.2014 directing that on presentation of sale deed along with the Record of Rights pertaining to the said land proposed to be sold along with any other documents indicating the petitioner's title over the land, the registering authority shall proceed to consider registration in accordance with law forthwith, but the opposite party refused to register the sale deed only on the ground that the name of the transferor is not reflected in the Record of Rights in respect of the land proposed to be alienated.

(3.) Pursuant to the notice, opposite party no.4 in the writ petition (present contemnor herein) filed counter affidavit stating that the registering authority is not the authority to decide the title of the property of the vendee or vendor who are approaching for registration of the sale deeds.