BASHIR AHMED BHAT Vs. STATE

JUDGEMENT

(1.) Petitioner has prayed for following reliefs :-

(2.) Petitioner alleges that private respondents 4 to 6, after kidnaping and confining him to some place tortured him to obtain his signatures on some papers which they subsequently used to draw up a sale deed, presented for registration before Sub Registrar, Chadura, who refused to register the document on 13-4-1999. However, in Appeal, Registrar District Judge Budgam, set aside the order of Sub registrar and passed direction for registration of the document. Petitioner obtained orders from CJM, Budgam on 20-2-1999,in the matter of alleged kidnaping and forgery of the document to concerned police for investigation. However, the police is not investigating in the matter.

(3.) It is in these circumstances that the order of Registrar, directing registration of the document is prayed to be quashed and direction for investigation of the matter by the concerned Police Station is solicited, besides the writ of prohibition restraining respondents from interfering with the petitioner's alleged ownership and possession over the land is as well prayed. The contesting respondent No. 4 has filed reply. The maintainability of the writ, is questioned . Petitioner is alleged to have filed a suit challenging the execution of the sale deed and the consequent orders of Registration of the document. Besides, it is stated that petitioner has received three lacs of rupees from the respondent, as consideration for sale and has handed over physical possession of land to respondent No. 4, on execution of the sale deed. Respondent with a view to derive as much monetary benefit as possible from petitioner, is resorting to litigation. The execution of the sale deed having been proved before the Registrar (District Judge, Budgam) has lead to the Registration of the document. Heard.