SHAILENDRA KUMAR SINGH Vs. THE STATE OF JHARKHAND

JUDGEMENT

(1.) At the request of learned counsel for the petitioner, the defects pointed out by the office are ignored.

(2.) The present writ petition has been filed for issuance of direction upon the respondent-authorities, particularly, the respondent Nos. 3 & 4 to register the documents presented by the petitioner on 14.09.2017 (wrongly written as 08.12016 in the first paragraph of the present writ petition) for selling the land appertaining to R.S. Plot No. 41, Khata No. 41, Plot No. 31, Village-Satkanadu, P.S-Pithoria, P.S. No. 31, Circle-Kanke, District-Ranchi (hereinafter referred to as the said land ) measuring an area of 1500 sq. ft. (3.44 decimals approx) out of the total area of 110 decimals.

(3.) Learned counsel for the petitioner submits that the petitioner had purchased the said land on payment of the consideration of Rs. 21,000/- by virtue of registered sale deed No. 16325/14376 dated 26.08.2009 from his vendor, namely, Sanjeevani Buildcom Pvt. Ltd. through Mrs. Anamika Nandy, wife of Sri S. Nandy. Thereafter, the petitioner got his name mutated in the office of Kanke Anchal, Ranchi vide Mutation Case No. 1499 R 27 / 2009-10 and till today he is in peaceful possession over the said land and the rent receipts have also been issued in his favour. Since the petitioner was in need of money, he intended to sell the said land. One purchaser, namely, Meena Kedia, wife of Naresh Kedia, resident of Aashashree Garden, P.O-Morabadi, P.S-Bariatu, District-Ranchi agreed to purchase the said land for a valuable consideration of Rs. 66,500/-. Accordingly, a sale-deed was presented before the respondent No.4 on 14.09.2017 for its registration, however, the respondent No.4 has neither admitted the said document/instrument for its registration nor has refused the registration of the same. The provisions of the Registration Act, 1908 (hereinafter referred to as the Act, 1908 ), mandate that if the District Sub-Registrar does not intend to admit any instrument for registration, he shall refuse the registration of the same for the reasons recorded in writing. However, any instrument presented before the said authority cannot be kept pending without assigning any reason.