- (1.) THE petitioner by way of present petition under Article 227 of the Constitution of India, has prayed for issuance of an appropriate writ/order/ direction, directing the Respondent No. 4 to accept the execution of the deed of transfer and to register the transferred deed executed by the petitioner.
(2.) HEARD the learned counsel for the petitioner as well as learned counsel representing the Respondent-State. Perused the papers and other materials produced on record. It is the case of the petitioner that the land appertaining Mouza Shayamganj No. 413, Zamabandi No. 3165/Ga, within Deoghar Municipal Ward No. 6 recorded as 'Basauri' land, is possessed by the petitioner. The said land has been transferred to one Shashi Mahato by the Ghatwal of Rohini Estate through 'Amalnama' on 17th March, 1951 and the said land is possessed by the petitioner because the petitioner is the son of late Shashi Mahto. According to the petitioner, the land in question is recorded as 'Basauri' land. It is the case of the petitioner that since he was in need of money, he transferred an area of 1999.5 Sq. Ft. of the said land to one Smt. Pramila Devi wife of Sri Binod Prasad, who accepted the offer of purchase through petitioner. The sale deed was drafted on 19.06.2012 and it was submitted for registration before the registering authority, but according to the petitioner, the said authority is not accepting the sale deed for registration and that is why he has approached this Court for issuance of an appropriate direction upon the said authority. The learned counsel for the petitioner, in support of his submissions has referred to and relied upon the judgment delivered in the case of Doman Prasad Yadav-versus-The State of Jharkhand & Others reported in 2008 (1) J.L.J.R 506. As against that, the learned counsel representing the Respondent- State submitted that the present petitioner is seeking appropriate direction upon the Respondent No. 4 to accept the execution of the deed of transfer and to register the transferred deed executed by the petitioner but the respondent no. 4 is required to examine the various legal aspects before registration of the said document and therefore, appropriate direction may be issued upon the Respondent No. 4 to process the same in accordance with law by following process of registration.
(3.) CONSIDERING the aforesaid rival submissions and on perusal of the documents annexed to the petition, it appears that the present petitioner is seeking direction upon the Respondent No. 4 with regard to registration of document, which is annexed vide Annexure-2 of this petition. So far the title and nature of the land in question is concerned, the petitioner has made averments in the petition in Paragraphs 6, 7 and 8. The petitioner has also produced certain documents in support thereof. Therefore, the Respondent No. 4 is required to be directed to consider the case of the petitioner for registration of the document in accordance with law. The Respondent No. 4 shall follow the due procedure and requirement for registration and upon fulfilling of requisite criteria for registration, the same shall be registered. The petitioner shall approach the Respondent No. 4 with a request for registration of the land in question afresh within two weeks from the date of order. On presentation of the said document, the Respondent No. 4 shall follow the due process of registration of a document in accordance with law. The Respondent No. 4 shall undertake this exercise within two months, if there being no other legal impediment. With the aforesaid observations and directions, this writ petition stands disposed of.;