Vishnu Chandra Gupta, J. - (1.) BY means of this writ petition, the petitioner has sought the following relief: "(i) To issue a writ, order or direction in the nature of commanding the opposite parties not to accept the deed of transfer unless the transferor fulfils the requirement of bye -laws No. 12 and to register the said document. (ii) To issue a writ, order or direction in the nature of mandamus commanding the opposite parties No. 3 to 7 to supply the list of the documents i.e. deed of transfer presented for registration which do not accompany the receipt evidencing the payment of fee and No Objection Certificate issued by Zila Panchayat, Gonda to the petitioners." No counter affidavit has been filed in this case by the State though the writ petition is pending since 2000.
(2.) FOR deciding this writ petition, the facts in short are that the petitioner No. 1 Zila Panchayat Gonda in exercise of powers conferred under section 239(2) of Uttar Pradesh Keshetra Samiti and Zila Parishad Adhiniyam, 1961 framed bye -laws for imposing fee on transfer of agricultural land within the rural area of Zila Panchayat excluding the area falling under Nagar Panchayat, Nagar Mahapalika, Town Area, notified area, cantonment area. Under sub -rule (10) of Rule 7 of the bye -laws, it has also been mentioned that these bye -laws will apply on all the transfers made through mortgaged deed, account transfer, shares, sale or will deed etc. registered in the office of Sub -Registrar or the Registrar of the area. Rule 12 of the bye -laws imposes a fee at the rate of 0.5% on the total value of the property. Rule 13 provides that any such transfer as mentioned above if taken place without depositing the requisite fee would be illegal. A penal provision in Rule 15 of the bye -laws was also introduced whereby breach of any rule of the aforesaid bye -laws, a penalty of rupee one thousand shall be imposed for the first offence and in case of subsequent offence, the penalty would be Rs. 50 per day and in case of default of payment of fine, imprisonment upto three months may be ordered. After publication of these bye -laws on 29.8.1998 in the State Gazette, a letter dated 20.4.1999 (Annexure -2 to the writ petition) has been issued by Upper Mukhya Adhikari, Zila Panchayat, Gonda to all the Sub -Registrars of District Gonda stating therein that it is incumbent upon the Sub -Registrar/Registering authority that unless the receipt depositing the fee as required by the aforesaid bye -laws is not attached with the transfer deed, mortgage deed, will deed, sale -deed etc., the same should not be accepted for registration. On account of non -compliance of letter dated 20.4.1999, Upper Mukhya Adhikari issued another letter to Sub -Registrar, Gonda stating therein that the requisite fee has not yet been started to be deposited by the persons transferring the land, hence, requested that after 29.8.1988 and till date, list of all the transfers be supplied for further action, failing of which, it shall be presumed that Sub -Registrar, Gonda is not complying with the provisions of Rule 12 of the aforesaid bye -laws. When this letter was also not responded, the Upper Mukhya Adhikari, Zila Panchayat, Gonda wrote a letter dated 14.5.1999 (Annexure -4 to the writ petition) to the Additional District Magistrate (Finance and Revenue), Gonda requesting him to issue necessary directions to all the Sub -Registrars of District Gonda for proper implementation of the bye -laws. Upper Mukhya Adhikari, Zila Panchayat also wrote a letter dated 5.6.1999 (Annexure -5 to the writ petition) to the Commissioner, Devipatan Division, Gonda with similar request to issue direction to District Magistrate and Additional District Magistrate to ensure the compliance of the by -laws.
(3.) THE Commissioner, Devipatan Division, Gonda on 15.6.1999 (Annexure -6 to the writ petition) issued directions to District Magistrate, Gonda that he will ensure for compliance of the mandate contained in Rules 12 and 13 of the bye -laws. Thereafter Upper Mukhya Adhikari wrote letters to all the Sub -Registrars of District Gonda informing the letter issued to District Magistrate, Gonda by the Commissioner, Devipatan Division, Gonda for information. The Nagar Mukhya Adhiakri also warned the Sub -Registrars that in case, the bye -laws are not complied with on their part, the legal action may be taken against them and they shall be responsible for the loss.;