PRABHA DEVI W/O ARJUN SHARMA Vs. STATE OF BIHAR; COLLECTOR; DISTRICT SUB-REGISTRAR AND MOST RAJ KUMARI DEVI W/O LATE SATISH RANJAN LAL; STATE OF BIHAR; COLLECTOR; ARJUN SHARMA S/O ALAKHDEO SHARMA AND PRABHA DEVI W/O ARJUN SHARMA

JUDGEMENT

(1.) In sum and substance, both the writ applications are case and counter case. Petitioner of the first case has challenged an order of the Registrar-cum-Collector, Aurangabad dated 5.10.2006, annexed as Annexure-6 to the writ application, by which, he has refused to pass orders for sending back the sale deed to the concerned Sub-Registrar for registration, in view of Misc. Appeal of respondent No. 4, namely, Misc. Appeal No. 294 of 2005, being pending in this Court. Learned Counsel for the petitioner has produced the certified copy of order dated 26.11.2008 passed in the said Misc. Appeal, which shows that the Misc. Appeal of respondent No. 4, preferred in this Court against order of the trial court passed in Title Suit No. 119 of 2004/93 of 2005 refusing injunction, has been dismissed. Besides, petitioner of the first case has also prayed for a direction to the said Registrar-cum-Collector to release the sale deed and send it to the Sub-Registrar, namely respondent No. 3, for registration in accordance with law and for grant of a certificate of registration of the deed to her.

(2.) The short facts of the case are that in respect of house existing on C.S. Plot No. 279 of C.S. Khata No. 84 corresponding to R.S. Plot Nos. 752 and 755 of R.S. Khata No. 56 measuring an area about 2.5 decimals, a sale deed was executed by respondent No. 4 of the first case (petitioner of the second case) in favour of the petitioner on 29.11.2003. The sale deed was presented in the office of Sub-Registrar and the execution was accepted by the respondent on the same day. However, it was found that the sale deed was carrying insufficient stamp as per the fixed valuation of the land. Therefore, the Registration was withheld and the deed was sent to the Registrar-cum-Collector for impounding. A proceeding started before the Collector and by order dated 11.3.2004, as contained in Annexure-6, he passed orders for filing of Stamp of Rs. 26,500/- + Rs. 4000/- as a fine. Accordingly, petitioner complied with the order and filed the Stamp papers of the requisite amount as well as the fine amount on 15.3.2004 vide Annexure-1/A. However, the respondent also appeared before the Collector and filed her objection. In her objection petition, a copy whereof is annexed as Annexure-3 to the writ application, she alleged that the sale deed was got executed by her under threat and coercion and it was got admitted also before the Sub-Registrar by her under fear of death. She was held up in custody by the petitioner and others and later on she was released and then she lodged a substantive case before the Town Police bearing FIR No. 508 dated 8.12.2003.

(3.) The impounding case was heard by the Collector and final orders were passed on 10.8.2004 by which the objection of the respondent was rejected and the deed was directed to be sent back to the Sub-Registrar for registration. It was noticed in the order that the respondent had filed a Title Suit for getting the deed declared null and void which issue, he held, was not within the jurisdiction of the registry authorities to examine. In the said order, a copy whereof is annexed as Annexure-4 to the first writ application, an observation was made that the Sub-Registrar, before registering the deed, shall satisfy himself that the land in question has not been registered earlier.