The Court held that a writ petition challenging non-registration of sale deeds is not maintainable when an efficacious alternative remedy exists.
Writ petition dismissed with liberty to prefer an appeal under Section 72 of the Registration Act, 1908 before the Deputy Commissioner-cum-District Registrar.
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IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 1979 of 2018
CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
For the Petitioners : Mr. Sachin Kumar, Advocate Mr. Lukesh Kumar, Advocate For the Respondent-State : Mr. J.F. Toppo, SC (L & C) -----
Order No. 03 Dated: 17.07.2018
The present writ petition has been filed for setting-aside the order dated 26.03.2018 passed by the respondent no. 3 – the District SubRegistrar, Dhanbad in Cancellation Case No. 02/2008 communicated vide letter no. 582 dated 26.03.2018 (Annexure-7 to the writ petition), whereby the said authority has declined to register five sale-deeds submitted by the petitioners for registration on extraneous ground without considering the order dated 11.01.2018 passed by this Court in W.P.(C) No. 6504 of 2017 as well as the other judgments rendered by this Court on the said issue.
2. Heard the learned counsel for the parties.
3. The petitioners have an alternative/efficacious remedy under Section 72 of the Registration Act, 1908 by filing an appeal against the impugned order dated 26.03.2018 passed by the respondent no. 3. The writ petition is thus not maintainable at this stage. The petitioner is, however, at liberty to prefer an appeal agitating all possible points before the respondent no. 2 –the Deputy Commissioner-cum-District Registrar, Dhanbad, who on receipt of the appeal, shall pass appropriate order in accordance with law after affording due opportunity of hearing to the representative of the petitioners, preferably within a period of 12 weeks from the date of filing of the appeal.
4. The writ petition is accordingly disposed of with aforesaid liberty and direction.
(Rajesh Shankar, J.)
Manish
2 issues framed by the court
Whether the writ petition challenging non-registration of sale deeds is maintainable despite the existence of an efficacious statutory remedy.
Whether Section 72 of the Registration Act, 1908 provides an alternative efficacious remedy against the order of non-registration.
1 provisions across 1 enactments
Rabindra Nath Paul
Uday Shankar Paul
Bani Btrata Paul
Binay Krishna Paul
Amiya Kumar Paul
The State of Jharkhand
Rajesh Shankar
As recorded by the court registry
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