SHAILENDRA KUMAR SINHA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has prayed for quashing the order dated 9th February, 2012 (Annexure7) passed by the District Sub Registrar, Ranchi, whereby three sale deeds dated 8th July, 2011 presented by the petitioner were held to be contrary to the provisions of Registration Act and registration thereof was refused.

(2.) THE short point taken in this writ petition is as to whether a document which is sufficiently stamped and duly executed by the vendor with regard to immovable property falling within the territorial jurisdiction of the Registrar can be refused for registration. The District Sub Registrar, Ranchi has refused registration of the petitioner's document on the ground that the document by which the petitioner had purchased the property was registered in Kolkata in violation of the provisions of Section 28 of the Registration Act. It was further mentioned that the sale deeds cannot be also registered in view of the general notice issued by the Deputy Commissionercum -District Registrar vide Memo no.159 dated 22nd December, 1992, whereby the registration of any deed regarding land of Khata No.193 has been restrained.

(3.) IT has been submitted that registration of property of any part of the country in Kolkata was valid before amendment in Section 30(2) brought by Bihar Amendment Act 6 of 1991, which came into force with effect from 8th August, 1991. According to the earlier provision, the Registrar of a district in which a Presidency -town is included and the Registrar at Delhi district had power to receive and register any document referred to in Section 28 without any limitation regarding the situation of the property in any part of India. The document by which the petitioner had purchased the property was of the year 1982. The deed was registered under the said provision of Section 30(2) of the Registration Act, 1908.