WAMIQ RASOOL BUDOO Vs. UT OF J&K

JUDGEMENT

(1.) The petitioners are aggrieved of the order dtd. 11/6/2021 passed by the respondent No.3, whereby the application filed by the petitioners under Sec. 25 of the Registration Act, seeking extension of time for presentation and registration of the sale deed, has been rejected.

(2.) It is stated that the petitioners have purchased a piece of land measuring 11 marlas and 68 sqft. comprising Survey No.1234-min, Khewat No.351 of Estate Ranil Tehsil and District Ganderbal from proforma respondents No.5 and 6 through their attorney holder, namely, Qysheed Hussain Want s/o Mohammad Hussain Want R/o Fazal Haque Colony, Batapora Zakura Srinagar by virtue of sale deed dtd. 3/9/2020. The petitioners could not present the sale deed before the respondent No. 3 for its registration within the period of four months from the date of its execution i.e. 3/9/2020 as provided by Sec. 23 of the Registration Act due to Covid-19 pandemic. It is further stated that the Hon'ble Supreme Court in Suo Moto Writ petition (Civil) No.03 of 2020, vide orders dtd. 23/3/2020 and 8/3/2021, had excluded the Covid-19 period w.e.f. 15/3/2020 to 14/3/2021 in computing the period of limitation in any suit, appeal, application or proceeding and after the above said cut-off date i.e. from 14/3/2021, further period of 90 days period was provided in cases where the limitation period expired during the period between 15/3/2020 till 14/3/2021. The petitioners, as such, presented the application under Sec. -25 of the Registration Act, with the respondent No.4 for condoning the delay in the light of aforesaid reason, which was forwarded to respondent No.3. The respondent No.3 by virtue of order dtd. 11/6/2021 rejected the application of the petitioners seeking extension of time in presentation and registration of the sale deed.

(3.) The petitioners have impugned the order dtd. 11/6/2021 passed by respondent No.3 and also prayed for issuance of a direction to respondent No.3 to decide the application filed by the petitioners under Sec. 25 of the Registration Act strictly in the light of directions of the Hon'ble Supreme Court in Suo Moto Writ Petition (Civil) No.03 of 2020 read with Misc. Application No.665/2021 in SMW(C) No.3/2020 in the case titled "In Re Cognizance for extension of Limitation vs. XXX".