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RAJESH SHANKAR
Harish Kumar Singhania – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
The writ petition is taken up today through Video conferencing.
At the request of the learned counsel for the petitioner, the remaining defects as pointed out by the office are ignored.
The present writ petition has been filed for issuance of direction upon the respondent no. 3 – the District Sub-Registrar, Deoghar to register the duly executed lease deed, which was orally refused by the said respondent on 07.01.2022.
2. Learned counsel for the petitioner submits that the land along with a building appertaining to Holding No. 42, Ward No. 13 situated under Deoghar Municipality, Town Planning Plot No. 624, Touzi No. 1, Jamabandi No. 3102, Mouza-Shyamganj, P.S.-Deoghar, measuring an area of 4 Katthas, 15.5 Dhurs (hereinafter referred to as “the said land”) is owned by Ramchandra Goenka Charitable Trust, which executed a lease deed bearing no. 3066 dated 27.04.1978 in favour of the petitioner for a part of the said land measuring an area of 2 Katthas, 7 Dhurs (5958 sq.ft.) for a term of 999 years commencing from 01.01.1978. Thereafter, the petitioner came in possession over the said part of land and exercised all his rights attached to it. It is further submitted that as per th
The District Sub-Registrar must record reasons for refusal to register a document and cannot keep it pending without providing proper endorsement and reasons, as per the provisions of the Registratio....
The District Sub-Registrar must either register a document or refuse it with recorded reasons, as per Section 71 of the Registration Act, 1908.
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 Sub-Registrar must register documents if duly presented, or refuse registration with recorded reasons as mandated by law.
A Sub-Registrar has the independent authority to decide the registrability of deeds, and cannot refuse registration based on a District Registrar's clarification regarding leasehold status.
The petitioner must provide evidence of presenting the documents to the registering authority and follow the procedure outlined in Section 71 of the Indian Registration Act, 1908 when seeking registr....
A registering authority is statutorily obligated to receive and process documents presented for registration and, if refusing, must record and communicate specific reasons for such refusal under the ....
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