HATA BEHERA Vs. COLLECTOR. KHURDA & ORS.

JUDGEMENT

(1.) By filing this writ petition, the petitioner has sought for quashing of the order dated 25.8.2016 passed by the opposite party no. 3 vide Annexure-5 and the order dated 19.10.2016 passed by the opposite party no.4 as appellate authority vide Annexure-6 and further seeking a mandamus against the opposite party no.3 directing him to register the sale deed presented by the petitioner in respect of the particular disputed property mentioned in the sale deed.

(2.) Short background involved in the case is that Sri Hata Behera, the petitioner owning a piece of land in Khata No.611/2479 covered under Plot No.12/6076 measuring an area Ac.0.760 decimals in Mouza-Bhubaneswar Sahar, Unit No.41, Chandrasekharpur with kisam-homestead. To establish the status of land, the petitioner has filed khatian involving plot appearing at Annexure-1. Since the Mouza-Chandrasekharpur has been included in the Bhubaneswar Town Planning Area, for planning and development purpose, the petitioner's land comes within the jurisdiction of Bhubaneswar Municipal Corporation as well as the Bhubaneswar Development Authority. Petitioner in order to develop the land, decided to construct multi-storied building by entering into a memorandum of understanding with one M/s. Shree Jagannath Construction Pvt. Ltd. and as the situation developed, the petitioner applied for construction of multi-storied building over the land in question involving Annexure-1.The Bhubaneswar Development Authority on consideration of the entire aspect granted the petitioner approval of plan of B+G+7 storied building vide Annexure-3. Construction of the building having been completed in all respect, further, being ready for sale to the intending buyers, who had already booked for purchasing the flats therein and paid advance token money, petitioner submitted sale deed involving one Smt. Rashmita Pattanaik for sale of Flat No.701 therein following his share before the Registering Authority for registration of the same. The registration being denied in the first instance, the petitioner moved W.P.(C).No.6991 of 2015 challenging the action of the Registering Authority.

(3.) During course of argument, the petitioner understanding the difficulties in the sale deed, chose to withdraw the said writ petition with liberty of the Court to submit a corrected sale deed for its registration before the competent authority. As undertaken, the petitioner submitted a corrected sale deed for it's registration by the competent authority vide Annexure-4. This time, the registration of the instrument has been denied by the Sub-Registrar, Khandagiri, Bhubaneswar by his order dated 25.8.2016 on the premises that since the concept of apartment connotes two folds of ownership, firstly an absolute ownership in the particular apartment and secondly joint, undivided as well as un-divisible co-ownership of such percentage of interest in the common areas and facilities as may be specified in the sale deed of apartment as appearing at Annexure-5. This order being challenged in appeal, the appellate authority dismissed the appeal by order dated 19.10.2016 observing that the petitioner i.e. appellant therein failed to provide sufficient papers/notifications to substantiate his case, so far as permission of competent authority for sale of S.C. person land to Non-S.C. person and other things are concerned. Further, on perusal of report of the Sub-Registrar, the appellate authority also observed that the sale deed is without mentioning the corresponding land, the undivided proportionate share of land as share of interest in other common facility in the proposed sale deed.