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2023 Supreme(J&K) 70

RAHUL BHARTI
Mohan Lal – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: G.S. Thakur
For the Respondents: Monika Kohli

JUDGEMENT

1. This writ petition affords a fitting opportunity to this Court to examine as to the actual nature of power and domain of function enjoined upon a registering officer/ authority constituted and acting under the Registration Act, 1908 in the matter of registration of a document, be it a one enlisted under section 17 or Section 18 of the Registration Act, 1908. This opportunity has come to visit this court upon getting posed with a situation in the present writ petition when for the delivery of a sale deed even after the parties to the sale deed having appeared along with their identifying witness in terms of Section 34 , admitting the execution of sale deed in terms of Section 35 and 52 by subscribing their signatures, and even getting charged beforehand with the deposit of the requisite registration fees, the Sub-Registrar concerned is not completing the act of registration as envisaged under section 60 of the Registration Act, 1908 leaving the petitioner remediless except to invoke writ jurisdiction of this court under article 226 of the Constitution of India. The situation so obtaining also gets tacked with a question as to whether a registering officer/authority can r

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