Disposed

M/s Azalfa Building Construction Pvt. Ltd. v. The State of Bihar

Patna HC17 Aug 2026CWJC/7353/2026

Case brief

AI extract

What is this about?

This is an oral order disposing of a writ petition challenged the refusal of the Sub-Registrar to register sale deeds, citing a Revenue officer's letter questioning the land's title. The High Court relied on Supreme Court precedents establishing that registrars cannot adjudicate titles but directed the petitioner to file a representation before the District Registrar for adjudication.

What did the court decide?

Directed the petitioners to file a representation before the District Registrar within two weeks; the Registering Authority shall not demand deficit stamp duty if the duty was duly paid at presentatio

M/s Azalfa Building Construction Pvt. Ltd. Vs The State of… — Property and Title | Patna HC (2026)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.7353 of 2026

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M/s Azalfa Building Construction Pvt. Ltd. a dully incorporated company having its registered Office at 503, Adhar Shila Complex, South Gandhi Maidan, P.S. Gandhi Maidan, District- Patna through its Managing Director, Naushad Alam S/o Mr. Adalat Hussain, resident of House No.- 506A/1, New Azimabad Colony, P.S. Bahadurpur, P.O. - Mahendru, District- Patna, Bihar.

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Mr. Naushad, Resident of House No. 506A/1, New Azimabad Colony, P.S. Bahadurpur, P.O. Mahendru, District- Patna, Bihar, the Managing Director, M/s Azalfa Building Construction Pvt. Ltd., a dully incorporated company having its registered Office at 503, Adhar Shila Complex, South Gandhi Maidan, P.S. Gandhi Maidan, District- Patna, Bihar.

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... ... Petitioner/s

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Versus

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The State of Bihar through the Principle Secretary, Department of Revenue and Land Reforms, Government of Bihar, Patna.

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The Principle Secretary, Department of Revenue and Land Reforms, Bihar, Patna.

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The District Magistrate-cum- Registrar, Patna.

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The Sub-Registrar, Patna Sadar, Patna.

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The Deputy Collector, Land Reforms, Danapur, Patna.

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The Circle Officer, Danapur Block, Patna.

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... ... Respondent/s

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====================================================== Appearance : For the Petitioner/s : Mr. Ajay Kumar Singh, Advocate For the Respondent/s : Mr. K. Kumar, Standing Counsel 09 Ms. Vagisha Pragya V. AC to SC09 Ms. Sushmita Sharma, AC to SC09

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CORAM: HONOURABLE MR. JUSTICE AJIT KUMAR ORAL ORDER

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4 17-08-2026 Heard learned counsel for the petitioners and learned

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counsel for the State.

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The writ petition has been filed for the following

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relief(s):-

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(i) For issuance of writ in the nature of mandamus directing the Respondents authorities particularly Respondent no. 4 the Sub-Registrar, Patna

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Patna High Court CWJC No.7353 of 2026(4) dt.17-08-2026 2/7

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Sadar, to admit and register the two sale deeds presented on behalf of petitioners by the duly authorized executant /Seristedar of Patna Civil Court for registration of sale deed, with respect to land appertaining to Survey Plot no. 150(Part), Khata No. 11, Tauzi No. 5273, Thana No. 51, Area-3 Katha 15 Dhur & 8 Katha 2 Dhur 12 Dhurki Under Mauza Saidpur, Pragana Phulwarisharif, P.S. Danapur, District- Patna in pursuance of direction issued by the learned SubJudge-IV, Patna in Execution Case No. 28/2025.

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(ii) For further to hold that aforesaid act on the part of respondent no.4 in declining registration of the sale deeds presented by the Executant under the garb of Letter No. 3216 dated 13.07.2022 issued by Circle Officer, Danapur, whereby in pursuance of one report submitted by Revenue Karmachari to the extent that the land of Khata No. 11, Khesra No. 150 to 173 and 181 are the lands of Government School as such the land involved in this document appears to be Government Land thus request was made not to register any deed with respect to those lands.

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(iii) For further direction upon the respondent authorities that the stamp duty which has been paid by the petitioner / purchaser shall not lapse and will allow the petitioner to utilize the said stamp duty in case some delay take place in registration of the document, which generally lapses after three months from the date of presentation of the document.

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(iv) For further to hold that the aforesaid act on the part of respondent authorities particularly Respondent no.4 is

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Patna High Court CWJC No.7353 of 2026(4) dt.17-08-2026 3/7

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illegal and arbitrary act on his part since in there is no stay/attachment order passed by any authority or even any substantive document/ order to even suggest that the said land belongs to the Government School, Khagaul, whereas admitted position is that till date the land stands recorded and Jamabandi is running in the name of Raiyat and he is paying rent and getting rent receipt from the State of Bihar.

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(v) For any other relief /reliefs for which the petitioners are found entitled in the facts and circumstances of the case.

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Learned counsel for the petitioners, at this stage, points out the judgment passed by the coordinate Benches in the case of Ashok Kumar vs. State of Bihar (CWJC No.6462 of 2020) , wherein it has been observed that the Registering Authority has no jurisdiction to adjudicate upon disputed issues, as has been raised in the present case, which has no legal foundation. In order to ventilate his grievances, the petitioners seek indulgence that the matter may be directed to be examined by the District Registrar and an appropriate order be passed in accordance with law, to the Registering Authority for carrying out legal formalities as per law. The petitioner has also filed an affidavit, wherein following has been submitted.

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“3. That it is stated that present writ application has been filed for issuance of direction upon the Respondents authorities particularly Respondent no. 4,

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Patna High Court CWJC No.7353 of 2026(4) dt.17-08-2026 4/7

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the Sub-Registrar, Patna Sadar, to admit and register the two sale deeds presented on behalf of petitioners by the duly authorized executant / Seristedar of Patna Civil Court for registration of sale deed, with respect to land appertaining to Survey Plot no. 150(Part), Khata No. 11, Tauzi No. 5273, Thana No. 51, Area-3 Katha 15 Dhur & 8 Katha 2 Dhur 12 Dhurki Under Mauza Saidpur, Pragana- Phulwarisharif, P.S. Danapur, District- Patna in pursuance of direction issued by the learned Sub-JudgeIV, Patna in Execution Case No. 28/2025.

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4. That it is specific pleading in the writ petition that when the documents/ sale deeds were to be registered then all of sudden respondent no.4, the Sub-Registrar, Patna raised objection that this deed cannot be admitted and registered for the reason that the Circle Officer, Danapur vide his letter no. 3216 dated 13.07.2022 has written letter that from report submitted by Revenue Karmachari, land of Khata No. 11, Khesra No. 150 along with other lands appears to be land of Middle School, Khagaul and as such request was made not to register lands mentioned in that letter. Under the garb of said letter respondent Sub- Registrar declined resultantly the document presented by the Seristedar of Patna Civil Court could not be registered.

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5. That apart from all those facts further averment has been made that except this letter contained in Annexure-P-5 to the writ petition, there is no other order of attachment or order granting stay as well as any document with evidentiary value suggesting that the land belongs to government of Bihar, but the respondent no.4

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Patna High Court CWJC No.7353 of 2026(4) dt.17-08-2026 5/7

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i.e. the Sub- Registrar in quite illegal and arbitrary manner declined to admit and register the sale deeds presented before him by the Seristedar of Civil Court, Patna which is nothing but colorable exercise of power on his behalf.

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6. That it is stated and submitted that it is well settled by different judicial pronouncements that at the time of registration of document role of registrar is simply of ministerial staff, he is not supposed to look into the title of the executant of the deed but in this case for reason best known to him he has declined to discharge his legal obligation by getting the document registered without entering into question of title of the executant.

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7. That in the aforesaid background it is desirable that direction be issued to respondent no.4, the Sub-registrar to get the document / sale deeds presented before him on behalf of petitioner, registered without entering into question of title, leaving it on the petitioner that if in future any dispute with regard to title of the property in question arises with the school in question / state government, he will face the consequences on his own.”

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The Hon’ble Apex Court in the case Samiullah vs. The State of Bihar & Ors. reported in 2025 INSC 1292 , has held that Rule 19(xvii) and (xviii) of the Bihar Registration Rules-requiring proof of Jamabandi/Holding mutation before a sale/gift deed could be registered - were ultra vires Section 69 of the Registration Act, 1908 and arbitrary, and accordingly quashed them. Further, in the case of K. Gopi vs. The SubRegistrar & Ors. in Civil Appeal No.3954 of 2025 has observed as follows:-

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"15. The registering officer is not

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Patna High Court CWJC No.7353 of 2026(4) dt.17-08-2026

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6/7

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concerned with the title held by the executant. He has no adjudicatory power to decide whether the executant has any title. Even if an executant executes a sale deed or a lease in respect of a land in respect of which he has no title, the registering officer cannot refuse to register the document if all the procedural compliances are made and the necessary stamp duty as well as registration charges/fee are paid. We may note here that under the scheme of the 1908 Act, it is not the function of the SubRegistrar or Registering Authority to ascertain whether the vendor has title to the property which he is seeking to transfer. Once the registering authority is satisfied that the parties to the document are present before him and the parties admit execution thereof before him, subject to making procedural compliances as narrated above, the document must be registered. The execution and registration of a document have the effect of transferring only those rights, if any, that the executant possesses. If the executant has no right, title, or interest in the property, the registered document cannot effect any transfer."

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On the other hand, learned counsel appearing for

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the State submits that the petitioners may be given liberty to ventilate his grievances, in view of the statements made before this Court as well as the judgments relied upon by the counsel for the petitioners, before the District Registrar. The District Registrar may examine the issues raised by the petitioners and,

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Patna High Court CWJC No.7353 of 2026(4) dt.17-08-2026 7/7

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upon such examination, pass an appropriate order in accordance with law, including issuing necessary directions to the District Sub-Registrar for registration of the land, which had earlier been permitted to be registered by the Registering Authority.

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Considering the facts and circumstances of the case, the petitioners are directed to avail the appropriate remedy by filing a representation before the District Registrar within a period of two weeks from today. The District Registrar shall consider the said representation and, upon finding the same to be justified, shall pass an appropriate order in accordance with law and issue necessary directions to the Registering Authority for registration of the land.

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It goes without saying that the Registering Authority shall not demand any deficit stamp duty from the petitioners if, on the date of presentation of the document, the same was duly presented with the requisite stamp duty.

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With the above observations and directions, the writ petition stands disposed of.

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(Ajit Kumar, J)

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rajan/-

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M/s Azalfa Building Construction Pvt. Ltd. v. The State of Bihar

Case brief

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M/s Azalfa Building Construction Pvt. Ltd. v. The State of Bihar

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