The Court disposed of the writ application relying on a binding Division Bench decision from C.W.J.C. No. 10688 of 2019, which held that registration offices are not obligated to enquire into the rights and interests of transferors but must register documents that are otherwise in order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No. 8472 of 2018
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Basu Das, Son of Late Ram Chandra Das, Resident of Village- Sidhi Bigha, P.S.- Chandhauti, District- Gaya.
... ... Petitioner/s
... ... Respondent/s
====================================================== Appearance : For the Petitioner/s : Mr.Sanjeev Kumar, Advocate Mr. Priya Ranjan, Advocate For the Respondent/s : Mr.Sajid Salim Khan -Sc25
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CORAM: HONOURABLE MR. JUSTICE ANIL KUMAR UPADHYAY ORAL ORDER
3 17-05-2019 Heard learned counsel for the petitioner and the respondents.
more res integra, as this Court has occasion to decide the issue in C.W.J.C. No. 10688 of 2019, which reads as follows:
“Heard learned counsel for the petitioner and the counsel appearing on behalf of the State.
Having regard to the law laid down by the Division Bench in a case reported in AIR 1989 Patna 144, the authorities are under obligation to register document on presentation. The Registrar is not required to enter into the
Patna High Court CWJC No. 8472 of 2018(3) dt.17-05-2019 2/2
controversy of right and interest of the transferor. He has to only see whether the document for registration is otherwise in order and once the document is in order it is the duty of the Registrar to register the document on presentation.
Considering the Division Bench judgment which binding on this Court, the Court as directs the District Sub Registrar, Gaya to consider the case of the petitioner for registration and if the document is otherwise in order the same cannot be denied on the ground of enquiry as to the right title and interest of the transferor.
With the aforesaid, the present writ application stands disposed of.”
the light of the order dated 10.05.2019 passed in C.W.J.C. No. 10688 of 2019.
(Anil Kumar Upadhyay, J)
uday/-
U
Basu Das
The State of Bihar through the Principal Secretary, Department of Revenue and Land Reforms, Bihar
The Inspector General Registration, Bihar
The District Collector, Gaya
The District Sub-Registrar, Gaya
Circle Officer, Chandauti
Anil Kumar Upadhyay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
