Vijay Kumar Agarwal Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

Vijay Kumar Agarwal Vs the State of Jharkhand — Jharkhand HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Writ petition disposed of in terms of the Division Bench judgment dated 01.05.2025 in Chotanagpur Diocesan Trust Association; petitioner at liberty to present the sale deeds before respondent no. 3 (Sub-Registrar, Dhanbad), who shall admit them for registration if there is no other legal impediment.

Issue for consideration

Whether respondent no. 3 (Sub-Registrar, Dhanbad) should be directed to accept the sale deeds presented by the petitioner for registration and not refuse the same without assigning any reason. +1 more

Court's answer

The petitioner is at liberty to present the sale deeds in question before respondent no. 3 for registration, and the said respondent shall admit them, in view of the Division Bench judgment having struck down the Section 22A amendment (Bihar Amendment Act 6 of 1991) and notification no. 1132 dated 26.08.2015 and set aside orders passed pursuant thereto, provided there is no other legal impediment.

Ratio / Principle

The issue raised in the present writ petition has already been decided by the judgment dated 01.05.2025 of the Division Bench of this Court in Chotanagpur Diocesan Trust Association and other analogous cases; accordingly, the writ petition is disposed of in terms of that judgment.

Detailed headnote1 paragraphs

W.P.(C) No. 228 of 2024, Vijay Kumar Agarwal v. State of Jharkhand & Ors. (High Court of Jharkhand, Ranchi; Rajesh Shankar, J.; Order No. 10 dated 16.07.2025; neutral citation 2025:JHHC:19321). Petition sought a direction to respondent no. 3, the Sub-Registrar, Sub-Registry Office, Dhanbad, to accept the petitioner's sale deeds for registration and not refuse them without assigning any reason. Counsel for the petitioner submitted, and the G.A.-III accepted, that the issue was covered by the Division Bench judgment dated 01.05.2025 in Chotanagpur Diocesan Trust Association (CNTDA) & Anr. v. State of Jharkhand & Ors. [W.P.(C) No. 5088 of 2018; 2025:JHHC:13251-DB] and other analogous cases. Holding: the writ petition was disposed of in terms of that judgment; the petitioner was left at liberty to present the sale deeds before respondent no. 3, who shall admit them for registration in view of the Division Bench judgment having struck down Section 22A of the Registration Act, 1908 as amended by the Bihar Amendment Act 6 of 1991 and adopted by Jharkhand, along with consequential notification no. 1132 dated 26.08.2015, and set aside orders passed pursuant thereto - if there is no other legal impediment.

2025:JHHC:19321

IN THE HIGH COURT OF JHARKHAND AT RANCHI W.P. (C) No. 228 of 2024

Vijay Kumar Agarwal, son of Mange Ram Agarwal, resident of Karkend Bazar, Gola Patti, P.O.- Kusunda, P.S.- Putki, DistrictDhanbad … … Petitioner

Versus

The State of Jharkhand

The Deputy Commissioner, Dhanbad

The Sub-Registrar, Sub-Registry Office, Dhanbad

The Deputy Collector Land Reforms, Dhanbad

The Circle Officer, Dhanbad Circle …. … Respondents

CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR

For the Petitioner : Mr. Lukesh Kumar, Advocate For the Respondents : Mr. Manoj Kumar, G.A.-III Mr. Rakesh Kumar Roy, A.C. to G.A.-III Order No. 10 Dated: 16.07.2025

The present writ petition has been filed for issuance of

direction upon the respondent no. 3 to accept the sale deeds in question presented by the petitioner for registration and not to refuse the same without assigning any reason.

2. Learned counsel for the petitioner submits that the issue raised in the present writ petition is covered by the judgement dated 01.05.2025 rendered by learned Division Bench of this Court in the case of Chotanagpur Diocesan Trust

Association (CNTDA) & Anr. Vs. State of Jharkhand &

Ors. [W.P.(C) No. 5088 of 2018] and other analogous cases reported in 2025:JHHC:13251-DB (neutral citation number).

3. Mr. Manoj Kumar, learned G.A.-III appearing on behalf of the respondents, accepts the said submission of learned counsel for the petitioner.

4. Since the issue raised in the present writ petition has already been decided vide judgment dated 01.05.2025

rendered by learned Division Bench of this Court in the case of Chotanagpur Diocesan Trust Association (supra) and other analogous cases, the writ petition is also disposed of in terms with the said judgment.

5. The petitioner is at liberty to present the sale deeds in question before the respondent no. 3 for registration which shall be admitted by the said respondent keeping in view that Section 22A of the Registration Act, 1908, as amended by the Bihar Amendment Act 6 of 1991 and adopted by the State of Jharkhand, as well as the consequential notification issued thereunder being notification no. 1132 dated 26.08.2015 have been struck down and all orders passed by the Sub-Registrars or the officials of the Registration Department pursuant to the said notification dated 26.08.2015 have also been set aside by learned Division Bench of this Court in the aforesaid case, if there is no other legal impediment.

(Rajesh Shankar, J.)

Ritesh/