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MOHIT KUMAR SHAH
Rakesh Gupta – Appellant
Versus
State of Bihar – Respondent
Mohit Kumar Shah, J. – The present writ petition has been filed for quashing the letter dated 24.05.2019 issued by the District Sub-Registrar, Saran at Chapra whereby and where-under he has refused to register the sale deed presented by the petitioner on the pretext that the same is not covered by the order dated 19.04.2019 passed in CWJC No. 2524 of 2018. The petitioner has further put a challenge to the proceedings of the workshop held on 03.06.2017, as contained in Memo dated 7.6.2017, which has been circulated by the Deputy Inspector General of Registration, Bihar, Patna vide his letter dated 20.07.2017, amongst all the Collector-cum- District Magistrate/ All District Sub- Registrar/ All Sub- Registrar, with a direction to comply with the directions contained in Paragraph Nos. 2(Gha) and 3(Kha), which pertain to ban on sale/ purchase of Topo land and non-registration of such land, apart from ensuring compliance of other directions mentioned therein. Lastly, it has been prayed to direct the respondent authorities, more particularly the Respondent no. 5 i.e. the Sub-Registrar, Saran at Chapra to register the sale deed presented for registration on 22.5.2019.
2. The brief facts of
The main legal point established in the judgment is the duty of the registering authority to register a document complying with statutory requirements and the lack of legal force of workshop guidelin....
The Sub-Registrar's powers to refuse registration are limited to specific grounds outlined in the Registration Act, and any refusal based on arbitrary reasons or external pressures is unlawful.
The Sub-Registrar must independently decide on the registrability of a deed without needing clarification from the District Registrar, as their investigation into title is not permissible under law.
The registering authority must register a deed if all legal requirements are met, regardless of third-party objections regarding title, reaffirming the administrative role of the registration process....
The Sub-Registrar's duty is to verify the identity of the executant and their admission of execution, not to ascertain the title of the property being sold.
The Sub Registrar cannot refuse registration of a document solely due to title disputes unless it is proven the vendor has no title over the property in question.
The impugned circular and Rule 44(1)(i) were found to be contrary to sections 34 and 35 of the Registration act, 1908 and beyond the legislative competence of the respondents.
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