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IN THE HIGH COURT OF JHARKHAND AT RANCHI
Rajesh Shankar
Farhana Nasreen, W/o Gulam Fazal Rahaman – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. petition for registration of sale deeds. (Para 1) |
| 2. grounds for refusal to register sale deeds. (Para 2) |
| 3. registration act provisions on refusal. (Para 3 , 4 , 5) |
| 4. petitioners' right to present documents. (Para 6) |
| 5. conclusion and direction for registration process. (Para 7) |
ORDER :
Rajesh Shankar, J.
1. The present writ petition has been filed for issuance of direction upon the respondent no.4-the Sub Registrar, Gumla to admit sale deeds for registration with respect to the land appertaining to Khata No.2, Plot No.244, measuring an area of 0.23 acre and Plot No.245, measuring an area of 0.84 acre, total 1.07 acres situated at Mouza-Gumla as the respondent no.4 is not allowing the sale deeds to be presented to his office.
2. Learned counsel for the petitioners submits that the petitioner nos.1 & 2, who at present reside in Orissa and West Bengal respectively, intend to sale the aforesaid land to the purchasers and for the said purpose, they met the respondent no.4, however, said respondent orally informed the petitioners that the sale of the said land could not be permitted as its nature mentioned in the khatiyan is “non- cultivated Majhias” which was given to the
The Sub-Registrar must register documents if duly presented, or refuse registration with recorded reasons as mandated by law.
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 register the documents or provide a reasoned order for refusal under the Indian Registration Act, 1908.
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 Registrati....
The court ruled that without evidence of demand for registration and refusal, a writ of mandamus cannot be issued, emphasizing compliance with statutory duties under the Indian Registration Act.
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