SUMITRA YADAV, WIFE OF DR RAMASHRAY YADAV Vs. STATE OF BIHAR, THROUGH PRINCIPAL SECRETARY, REGISTRATION DEPARTMENT,GOVERNMENT OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This writ application has been filed for quashing/setting aside letter no. 1319, dated 26.07.2016 issued by respondent no. 3/the District Registration Officer vide Annexure-1 whereby and whereunder the District Registration Officer has refused to initiate a criminal complaint/formal investigation and prosecution against respondent no. 4 as envisaged under Section 83 of the Indian Registration Act for the crime allegedly committed under Section 82 of the Registration Act, 1908 and has recorded that the petitioner is competent to pursue such complaint before the competent court.

(3.) The petitioner is a land owner. She had entered into a development agreement with respondent no. 4, namely, Khayati Construction Private Limited. The building was not complete. In the meantime, respondent no. 4 sold flats of the share of the petitioner to different persons through different registered sale deeds making false declaration before the Registrar that the respondent no. 4 is entitled under Section 5 of the Bihar Apartment Ownership Act, 2006 to sell the said flat. Though the same was assigned in the share of the land owner/petitioner by the written agreement vide Annexures 4, 4/A, 5 and 6.