The registering authority is bound to register a document if it complies with statutory requirements, and it is not within the authority's purview to inquire into the title of the person.

1. Heard learned counsel for the petitioner as well as learned counsel appearing for the State.

2. The issue involved in this writ petition can be decided on admission stage itself as the parties have already placed their pleadings before this Court.

3. Petitioner has prayed for issuance of writ of certiorari for quashing the order contained in letter no. 226 dated 03.07.2003 by which and where under Collector-cum-District Registrar, Munger directed the Sub Registrars not to register the deeds executed in respect of Tauzi No. 1333 situated in Mauza Bahadurpur Jiwat as the aforesaid Tauzi No. 1333 belongs to Kesar-E-Hind and also for directing the District Magistrate to delete the word “Sikkimi” from the jamabandi register of Bahadurpur Jiwat.

4. The case of the petitioner is that his father purchased six bighas two katthas lands situated at Mauza Bahadurpur Jiwat through four registered sale deeds in the year 1961 from one Jago Mahto and others and since then petitioner and his family members have been coming in possession of the aforesaid lands. The mutation in Anchal Serista was also done and the petitioner and his family members have been paying rent in respect of the aforesaid lands. Further case of the petitioner is that the aforesaid lands were, subsequently, partitioned between the family members of petitioner and the petitioner as well as his co-sharers came in possession according to their shares allotted to them in family partition.

5. Admittedly, in khatiyan, the owner of the aforesaid Tauzi No. 1333 has been shown as Kesar-E-Hind but case of the petitioner is that Tauzi No. 1333 was Petty Estate and as a matter of fact, the State settled Tauzi No. 1333 in favour of one Babu Deoniti Prasad Singh who was proprietor of the aforesaid Tauzi No. 1333. The above stated proprietor, namely, Babu Deoniti Prasad Singh, subsequently, settled the lands to different raiyats who came in possession of different plots. Further case of the petitioner is that after coming into force of Bihar Land Reforms Act, 1950, the settlees of Babu Deoniti Prasad Singh were recognized as raiyats and they acquired right of transfer the aforesaid lands. Further case of the petitioner is that one Jago Mahto and his family members were raiyats of the land in question and having exercised their right of transfer, they executed six registered sale deeds in favour of father of petitioner in the year 1961 and accordingly, father of the petitioner acquired right, title and possession of the lands in question having purchased the same from Jago Mahto and others but when the petitioner took an attempt to sell the lands in question, the officials of the registry office, Munger refused to get the sale deed registered on the ground that District Magistrate-cum- Registrar, Munger had directed them by issuance of an order not to register the deeds in respect of Tauzi No. 1333.

6. The stand of the State is that Tauzi No. 1333 has been recorded in the name of Kesar-E-Hind in C.S. Khatiyan and lands of Kesar-E-Hind was not transferable land and, therefore, even if any Zamindar (proprietor) transferred the aforesaid land, the said transfer was void in nature and, therefore, the District Magistrate-cum-Registrar, Munger rightly restrained the Sub-Registrars from registering the lands of Kesar-E-Hind.

7. Learned counsel appearing for the petitioner submits that Annexure-1 to the writ petition, the continuous khatiyan of Tauzi No. 1333, reveals that owner of Tauzi No. 1333 was Kesar-E-Hind but as a matter of fact, the Tauzi No. 1333 was settled by the State in favour of Zamindar Babu Deoniti Prasad Singh and the aforesaid Tauzi No. 1333 was recognized as Petty Estate. Learned counsel for the petitioner drew my attention towards Annexure-3 to this petition and submitted that the Khas Mahal lands of Tauzi No. 1333 have been divided in two categories. First category of lands relate to lease area and second category of lands relate to Petty Estate and two sep