The main legal point established in the judgment is the duty of the District Sub-Registrar to either admit a document for registration or refuse it in accordance with the provisions of the Registration Act, 1908.

JUDGMENT :

The present case is taken up today through video conferencing.

2. The present writ petition has been filed for issuance of direction upon the District Sub-Registrar, Deoghar (the respondent no. 4) to accept and register the sale deed (Annexure-1 to the writ petition) executed by the petitioner for Basauri transferable landed property appertaining to Jamabandi No. 14/1, part of settlement plot no. 12 measuring an area of 1925 sq. feet i.e. 4.42 decimals out of 2 acres of land situated in Mouza- Ramchandarpur, Thana No. 202, P.S. Jasidih, District- Deoghar (hereinafter to be referred as “the said land”) as the said respondent has not taken any decision for registration of the same.

3. Learned counsel for the petitioner submits that the said land was settled in favour of the grandmother of the petitioner namely Sariya Mahatwain by the Ghatwal of Rohini Estate by virtue of ‘Amalnama Basauri Patta’ and thereafter her name was entered in the Ghatwali Seriata. Accordingly, Jamabandi No. 14/1 was opened in her name against grant of rent receipts. The said Sariya Mahatwain died leaving behind her son namely Shashi Mahto (the petitioner’s father) who inherited the said land being her legal heir and successor. Thereafter, Shashi Mahto died leaving behind his son i.e. the petitioner, who being the legal heir of Shashi Mahto has valid right, title and possession over the said land. It is further submitted that the petitioner paid rent to the government for the said land and also got his name recorded in the municipal records of Deoghar Municipal Corporation, Deoghar. He also paid holding tax for the said land. It is also submitted that due to medical exigency of his wife, the petitioner decided to sale 1925 sq. feet of land out of 2 acres in favour of Sri Ravindra Paswan for which sale deed was prepared and presented for registration before the respondent no. 4 on 05.03.2021 but no decision has yet been taken by the said respondent, which has compelled the petitioner to prefer the present writ petition.

4. Mr. Shrey Mishra, learned A.C. to G.A.-III appearing on behalf of the respondents, submits that it is not clear from the writ petition as to why the respondent no. 4 has not registered the document said to have been presented by the petitioner.

5. Heard the learned counsel for the parties and perused the content of the writ petition.

6. The contention of the petitioner is that he executed sale deed in favour of Sri Ravindra Paswan for sale of 1925 sq. feet of land. The grievance of the petitioner is that despite presentation of sale deed before the respondent no. 4 on 24.02.2021 (i.e. the date of pre-registration of the instrument), the respondent no. 4 has kept the same pending and has not taken any decision upon the same.

7. Section 71 of the Registration Act, 1908 (in short, “the Act, 1908”) reads as under:

“71. Reasons of refusal to register to be recorded.–(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words “registration refused” on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.

(2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.”

8. On perusal of the provisions of Section 71 of the Act, 1908, it would be evident that if the District Sub-registrar refuses to register a document, he is required to pass an order of refusal by recording his reasons for the same in the relevant book with an endorsement on the document that the registration has been refused. Section 72 of the Act, 1908 further provides a forum of appeal before the Registrar against the order