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ANIL KUMAR CHOUDHARY
Ajay Kumar Yadav – Appellant
Versus
State of Jharkhand – Respondent
JUDGMENT :
Anil Kumar Choudhary, J.
Heard the parties.
2. This Writ Petition has been filed under Article 226 of the Constitution of India with a prayer for issuance of appropriate writ in the nature of mandamus commanding upon the respondents particularly the respondent No.3 to register the sale-deed which was refused to be registered upon its presentation for registration by the petitioner.
3. The brief facts of the case is that the petitioner and four other persons presented the sale-deed after completion of all the formalities as per the Registration Act before the respondent No.3 being the District Sub-Registrar, Koderma for transfer of land of Mauza Bariardih, P.S. Markachho, ThanaNo.100, Khata No.119, Plot No.1441 admeasuring an area of 3 decimals belonging to them in favour of the purchasers namely Smt. Savitri Devi and Smt. Munni Devi. The respondent No.3-District Sub-Registrar, Koderma refused to register the sale-deed by making endorsement on 11.01.2018 over the sale-deed to the effect that the Deputy Commissioner, Koderma vide its order dated 09.11.2011 under Memo No.2855/confidential, has put restriction over the registration of the sale-deed with respect to the land of Ci
Registration of a sale-deed cannot be denied if it is duly executed and meets legal requirements, regardless of the nature of the land.
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.
Mere dispute of title would not ordinarily constitute a reason for refusal to register sale deed.
Mere dispute of title would not ordinarily constitute a reason for refusal to register sale deed.
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.
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