LAXAMI PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard the parties.

(2.) The Petitioner has approached this Court by filing the present writ petition under Article 226 of the Constitution of India, raising a grievance with respect to order dated 28.6.2003 (Annexure-4) issued by Secretary-cum-lnspector General of Registration, Bihar, Patna, as also with respect to order dated 10th July, 2003 (Annexure-5), issued by the Secretary to the Inspector General of Registration, Bihar, Patna, whereby Respondent District Col-lector-cum-District Registrar, Madhubani has been directed to shift the Sub-Registry Office, Benipatti from a newly constructed building within the premises of Sub-Divisional Office to the old building, where the office was earlier running.

(3.) Learned Counsel for the Petitioner submits that by virtue of powers conferred upon the State Government under the provisions of the Registration Act, 1908 (hereinafter referred to as "the Act" only), Office of Sub-Registrar, Benipatti was created and, accordingly, a Sub-Registrar was posted there for discharging his duty under the provisions of the said Act. It is also submitted that at the time of creation of the office of Sub-Registrar, Benipatti in the district of Madhubani, no separate building for the same was constructed and, therefore, Sub-Registry Office, Benipatti started functioning in a Government building. Thereafter, in view of creation of Benipatti Sub-Division in the district of Madhubani, different buildings were constructed by the Government for Sub-Divisional Office at Benipatti, out of which one building was earmarked for the Sub-Registry Office, Benipatti. Subsequently, the Executive Engineer of the Building Division, Madhubani as also the Sub-Divisional Officer, Benipatti submitted their respective reports to the Respondent District Collector-cum-District Registrar, Madhubani recommending therein that Sub-Registry Office, Benipatti may be shifted in the new building constructed for the said purpose. Respondent District Collector-cum-District Registrar, Madhubani by his letter dated 14th April, 2001 (Annexure-3) wrote a letter to Respondent No. 2 seeking his administrative approval for shifting the Sub- Registry Office, Benipatti to its newly constructed building within the premises of Sub-Divisional Office, Benipatti.