ARUN KUMAR MAHATHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present application has been filed for issuing a writ of mandamus declaring the Registration (Bihar Amendment) Act, 1991 purporting to delete sub -section 2 of section 30 of the Registration Act, 1908 unconstitutional and void and further for a direction to the State of Bihar to grant mutation in favour of the petitioner in respect of lands which were in their possession and in respect of which sale deeds were registered in the Metropolitan city at Calcutta. Consequential order passed on 9.9.92 and notices published in local newspaper have also been prayed to be quashed.

(2.) CONTENTION of learned counsel for the petitioners is that respondent by refusing to give credence to the documents in respect of the petitioner 'sland which had bonafidely been registered in their names in the Metropolitan city at Calcutta as provided for under the Registration Act, 1908 , infringes upon the petitioners 'fundamental right guaranteed under Article 14 of the Constitution and the aforesaid amendment to the Act is repugnant to the extent that it purports to take away powers of the registration vested in the authority by the central statutes.

(3.) IT is an accepted fact that the ordinance which was subject to the approval of the bill, was assented by the President of India and was subsequently passed as an Act by the State Legisiature.