M/S Mangalam Developers, through Its Proprietor Abhishek Suman Vs the State of Jharkhand

2025:JHHC:15473

IN THE HIGH COURT OF JHARKHAND AT RANCHI

W. P. (C) No. 2059 of 2025

M/s Mangalam Developers, having its registered office at Lower Kani Bazar, P.O. Hazaribag, P.S. Sadar (Hazaribag), District Hazaribag through its Proprietor, Abhishek Suman, S/o Ashok Kumar Sinha, R/o Lower Kani Bazar, P.O. Hazaribag, P.S. Sadar (Hazaribag), District Hazaribag. .... .. ... Petitioner(s)

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Versus

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1.The State of Jharkhand.

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2.The Deputy Commissioner, Hazaribag

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3.The District Sub Registrar, Hazaribag.

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. .. ... ...Respondent(s)

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CORAM : HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY

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For the Petitioner (s) : Mr. Vishal Kumar Tiwary, Advocate Md. Imran Beig, Advocate For the State : AC to AG

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02/ 13.06.2025 . Heard, learned counsel for the parties.

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Petitioner is a Developer and is aggrieved by non-registration of the land/flats/ shops situated at Mouza- Hazaribag under Ward No.6 (New) & 8 (old) [at present the current land correspond to Ward No.27 (New) & 6 (Old), Thana No.140, P.S. Hazaribag Sadar, DistrictHazaribag].

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Petitioner being the Developer entered into development agreement with Smt. Priti Bala and Smt. Radha Devi for construction of multistoried building in the name and style of “Kashi Mangalam” at Plot No.49 and 50, Holding Nos.177 & 178, Mouza- Hazaribag under Ward No.27 (new) & 6 (old), Thana No.140, at Malviya Marg, Near Bara Akhara, District- Hazaribag.

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Land Possession Certificate was issued by the Hazaribag Municipal Corporation in the name of owners of the land, namely, Radha Devi and Priti Bala respectively on 09.11.2017 and 09.09.2017 with whom the Petitioner entered into the development agreement. Due approval had been accorded to the building plan by Hazaribag Nagar Nigam on the application No.HMC/ BP/ 0080/ W 27/ 2018, dated 25.05.2019.

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After construction of the multi storied building deed of sale for flat was presented for registration on 13.02.2025 by Mrs. Priya Mohan which was rejected without assigning any cogent reason.

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Consequently, an application was filed under the R.T.I. Act wherein information was received that the registration was denied because the land was not surveyed and, therefore, it was not being registered.

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2025:JHHC:15473

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It is argued by learned counsel for the petitioner that registration cannot be denied on this ground. Specific reference is made to the judgment passed by the Hon’ble Division Bench of this Court in W.P.(C) No.5088 of 2018 and its analogous cases wherein it has been held at Para-5 which reads as follows :-

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5.Having regard to the said decision of the Supreme Court, which is binding on this Court, and since the provision considered by the Supreme Court in the said judgment is identical to the provision framed by the Bihar State, which is adopted by the State of Jharkhand, Section 22-A of the Registration Act, 1908 as amended by the Bihar Amendment Act 6 of 1991 and as adopted by the State of Jharkhand, as well as the consequential Notification issued under the said provision on 26.08.2015 are struck down and all orders passed by the Sub Registrars or the officials of the Registration Department pursuant to the notification 26.08.2015 shall stand set aside.

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In essence, the power to refuse registration under Section 22-A of the Registration Act, 1908 has been struck down.

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Under the circumstances, the petitioner may present sale

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deeds for for registration before the Respondent No.3 [The District Sub Registrar, Hazaribag] which will be considered in the light of settled law.

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The instant Writ Petition is accordingly disposed of. Pending I.A(s), if any stands disposed of.

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Let a copy of this order be communicated to the Respondent No.3 [The District Sub Registrar, Hazaribag] for its compliance at once.

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( Gautam Kumar Choudhary, J. )

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Sandeep/

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M/S Mangalam Developers, through Its Proprietor Abhishek Suman v. the State of Jharkhand

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M/S Mangalam Developers, through Its Proprietor Abhishek Suman v. the State of Jharkhand

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