MADAN KUMAR DAS Vs. STATE OF BIHAR

JUDGEMENT

(1.) The present writ petition has been filed for directing the respondents to permit the petitioner to present the sale deed for registration, appertaining to Mauza-Saifganj, Thana No. 103, Survey Ward No. 20, New Ward No. 27, Mohalla- Gami Tolla, P.S. and District-Katihar bearing Khata No. 206, Khesra No. 41, 42, 43, 44, 45, 46, 47, 48, 100, 107, 108 and 214 having total area of 8.28 acres.

(2.) The learned counsel for the petitioner has submitted that the petitioner is the Mahant of Sri Sri 108 Ati Prachin Udasin Sangat and the lands in question, with regard to which sale deed is to be executed, is under the control and management of the petitioner. The said land in question was purchased by a registered sale deed by the ancestor of the petitioner and the petitioner had sold a portion of the same to one Vashundhara Vihar Construction Private Limited by a registered sale deed dtd. 28/7/2014 (Annexure-2 to the present petition). The title of the petitioner is stated to have also been adjudicated by this Court in First Appeal No. 270 of 1996, which was filed by the petitioner against the judgment and decree dtd. 22/4/1996, passed by the learned Court of Sub-Judge III, Katihar in Title Suit No. 16 of 1992 / 36 of 1994 inasmuch as the said first appeal has been decided in favour of the petitioner by a judgment dtd. 9/10/2014, passed by a coordinate Bench of this Court, which has also been upheld by the Hon'ble Apex Court with the dismissal of the Special Leave Petition bearing SLP (C) No. 5023 of 2015, by an order dtd. 14/1/2020.

(3.) The learned counsel for the petitioner has also submitted that the only objection of the Respondent-State is that the petitioner has no right to sell the land in question and in fact, the said Sri Sri 108 Ati Prachin Udasin Sangat ought to have approached the Registrar for registration of the requisite sale deed with regard to sale of the land in question. In this regard, it is submitted that the judgment passed by a coordinate Bench of this Court in First Appeal No. 270 of 1996, as upheld by the Hon'ble Apex Court, leaves no room for doubt that the petitioner is the Mahant of Sri Sri 108 Ati Prachin Udasin Sangat and the land in question is also under his control and management, which has also not been disputed by anyone during the present proceedings.