LEELA CHOUDHURY Vs. BINA SAIKIA
HIGH COURT OF MEGHALAYA
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BISWANATH SOMADDER,J. -
(1.) The instant writ appeal arises against the judgment and order dated 11th May, 2016, passed by a learned Single Judge in WP (C) No.249 of 2015 (Dr. (Mrs.) Valensha Surong v. State of Meghalaya and Ors).
(2.) By the impugned judgment and order, the learned Single Judge was pleased to dispose of the writ petition in the following manner:-
'16. After going through the other judgments relied by the learned counsels, I am of the humble view that the principles laid down in those judgments do not match with the facts and circumstances of this instant case. Further more, when a document is presented before the District Registrar Office or Sub-Registrar Office, it is their duty to register the document if the documents are in order and stamp duty paid are in accordance with the Stamp Act. The Registrar Authority has no power to ask or to decide the title. Registration of documents is purely an executive work, and not at all judicial work. So, the Registering Authority is not supposed to ask for unnecessary documents or proof, as if, it is sitting as court to adjudicate the matter. Besides that, here the intending purchaser i.e. the petitioner No. 1 is a Scheduled Tribe belonging to the Khasi community of the State of Meghalaya, as such; the Land Transfer Act, 1971 is not a barrier at all. After considering the facts and circumstances of this case and the laws laid down as discussed above, I hereby direct the respondent No. 1 and 2 to grant the permission for transfer of the said land (Annexure-6 of the writ petition) as applied by the petitioner No. 2 vide letter dated 05.05.2006 within a week from the date of receipt of a certified copy of this judgment and order as the matter is pending since 2006.
17. With these observations and directions, this instant writ petition is allowed to that extent and stands disposed of.'
(3.) The appellant before us, Smti. Leela Choudhury, was the private respondent No.3, before the writ Court.;
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