RAJEEV PRASAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the respondents.

(2.) This writ application has been filed, on behalf of the petitioner, in guise of 'Public Interest Litigation' seeking quashing of the directions/instructions contained in letter dated 20.09.2012, issued by the Secretary, Department of Registration, Excise and Prohibition, Government of Bihar, Patna, wherein District Magistrates of all the Districts of the State of Bihar have been directed to stop manual checking of the documents presented for registration and to check up the documents through 'SCORE' Software, and also to quash letter bearing no. 980 dated 18.07.2014, issued by the District Magistrate, Khagaria, by which there has been a direction to all the Sub-Registrars of the District of Khagaria as to take precaution while registering a document pertaining to Government land/Gairmajarua Aam and Gairmajarua Khas land.

(3.) The brief facts of the matter, leading to the present writ petition, are that the Secretary, Department of Registration, Excise and Prohibition, Government of Bihar, issued an instruction vide letter IV/Biscose-14/2012-103 dated 20.09.2012, to all the Collectors of the Districts to check up the documents presented for registration through the 'SCORE' Software in place of manual checking and further to feed the data of land pertaining to, Land Ceiling, Khas Mahal, Gairmajarua Aam and Gairmajarua Khas land. The above referred letter of the Secretary, (Annexure-1) has been made to challenge in this writ petition. The another challenge which has been made to this writ petition is the letter having No.980/Confidential dated 18.07.2014, issued from the office of the District Magistrate, Khagaria, directing all the Sub-Registrars of the Districts not to make the document registered relating to Sale of Government Land/Gairmajarua Aam and Gairmajarua Khas land, on the only basis of the report of the concerned Circle Officer. It has further been directed that if a competent court might have declared the 'Raiyati interest' over such property, or the Additional Collector may have confirmed the 'Raiyati interest' of the individual over such Gairmajarua Aam and Khas land in that case only registration of such document be made. As it appears from paragraph 8 of the writ petition that an individual, namely, Rama Nand Singh, wanted to sell a piece of land and for that an executed Sale Deed was been presented on 07.01.2015 but the said Sale Deed was not registered by the Registering Authority. Being aggrieved by the act and action of the Registering Authority, the purchaser namely, Kishore Das, filed a writ petition bearing CWJC No. 12383 of 2015 on 05.08.2015 before this court, which is pending for adjudication. The petitioner has also mentioned another illustration that one Shyamdeo Prasad wanted to sell a piece of land, which is recorded as 'Gairmajarua Aam' land in the records of right, prepared after Cadastral Survey. It has been contended that the land was originally settled in favour of one Khalaluddin by virtue of a Hukumnama dated 25.05.1938 and lastly purchased by the said Shyamdeo Prasad vide a registered Sale Deed dated 16.08.1977 executed in his favour but the land under sale transaction being recorded as 'Gairmajarua Aam' land in the records of right, is the only reason behind non-registration of the Sale Deed, for which a writ petition bearing CWJC No. 9011 of 2015 has been filed and is pending before this Court.