IMPORTANT POINT
The registering authority must issue a land possession certificate if all legal requirements under the Registration Act are met, regardless of title irregularities.

JUDGMENT :

HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

1. Heard the parties.

2. This Writ Petition has been filed under Article 226 of the Constitution of India with a prayer for issue of appropriate writ(s), order(s), direction(s) for quashing the order dated 08.01.2018 contained in Memo No. 01 dated 15.01.2018, copy of which has been kept at Annexure-4 of the writ petition issued under the signature of the respondent no.3, the Deputy Commissioner, Deoghar in minutes of meeting of District Level Committee, Deoghar, whereby the application of the petitioner for issuance of land possession certificate for registration of land has been rejected by surpassing the letter no.195 dated 19.02.2016 issued by the Department of Revenue, Registration and Land Reforms, Government of Jharkhand.

3. The brief facts of the case is that petitioner purchased a homestead land under jamabandi no. 12/3432 measuring 2531 sq. feet situated at Mouza Tharidulampur, Thana No. 403, Sub-Division, Sub-registry, Dist.-Deoghar from his vendor Rajballav Prasad. The land was initially acquired in favour of Raj Bahadur Mangtulal Tapuria vide LA. Case No. 23 of 1945-46 of the court of Sub-division Officer, Deoghar coupled with delivery of possession. Thereafter the land was transferred to different persons vide registered sale deeds without any objection from the respondent authorities. Pursuance to the order passed in W.P. (C) No. 6184 of 2014, the Department of Revenue, Registration and Land Reforms, Government of Jharkhand issued a letter kept at Annexure-2 dated 19.02.2016 directing the concerned circle officer to issue land possession certificate within a period of 15 days for the purpose of registering of land failing which the registering authority shall register the sale deeds presented for registration.

4. It is asserted by the petitioner that surpassing the said order, the respondent no.3 in terms of letter no. 371 dated 13.06.2016 constituted a committee comprising of Deputy Commissioner, Additional Collector, Government Pleader and the circle officer for issuance of land possession certificate for registration of land and to deal with other revenue matters. The petitioner made an application along with supporting documents before the respondent no.7 for issuance of land possession certificate for the registration of the aforesaid land but the same was rejected in an arbitrary manner vide the said minutes, the copy of which is kept at Annexure-4 of this writ petition.

5. It is submitted by the learned counsel for the petitioner that it is a settled principle of law that registering authority is not expected to evaluate the title or irregularity in the document presented for registration nor he can decide whether the document presented for registration is executed by a person having title as mentioned in the instrument.

6. In support of his contention, learned counsel for the petitioner relies upon the judgment of this Court in the case of Puja Shanker vs. The State of Jharkhand & Ors. in W.P. (C) No. 5290 of 2018 dated 15.12.2018, paragraph no. 6 of which reads as under:-

6. This court in catena of judgments has held that under the Registration Act, 1908 there are only three basic requirements i.e., (a) there must be valid presentation; (b) valid execution; and (c) adequate stamp duty and if all the said three conditions are complied with, there is no option with the registering authority but to register the document. A Division Bench of this court in L.P.A No. 321 of 2012 (State of Jharkhand Vs. Pritindra Narayan Roy & Ors.) has held that one cannot get title merely by registered sale deed and it is an instrument only of transfer of what is possessed by the vendor and nothing more than that. The title is not created only by sale deed but it is created in favour of the person from whom he purchased the property subject to foundational fact that the seller should be the owner and should have saleable right. It is also a well-known principle “buyers beware” which