MUNNA DEVI Vs. STATE OF JHARKHAND
LAWS(JHAR)-2012-7-123
HIGH COURT OF JHARKHAND
Decided on July 16,2012

MUNNA DEVI Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

- (1.) HEARD learned counsel for the parties.
(2.) THIS writ petition has been preferred for a direction upon the respondents to set aside the order dated 25th June,2004 passed by the respondent no.3, District Collector, Giridih in Appeal Case No.31/2001 whereby he has refused to register the document/sale deed with regard to the land pertaining to Khata No.200 Hal Khata No.A/312 Plot Nos.4804,4815,4816 and 4817 having an area of 1.87 acre out of 2.801/2 acre in favour of the petitioner on the ground that description of property is not clear and the valuation of the land was not satisfactory as per the Rent Valuation Case No.47/94 send by the Sub-Registrar, Giridih to the Deputy Commissioner. It is submitted by the learned counsel for the petitioner that the petitioner is willing to pay and deposit the stamp fee as per the valuation arrived at by the respondents authorities. 4. The respondents have appeared and filed their counter affidavit, in which they have taken the plea that the petitioner has not given the correct description of the land leading to under valuation of the instrument sought to be registered. 5. However, the learned counsel for the petitioner submits that the petitioner is willing and undertakes to give the correct description of the land in question by making necessary amendment in the deed, which will be presented before the registering authority and she further undertakes to pay and deposit the stamp duty, which will be fixed by the respondent-authority after valuation. 6. In view of the aforesaid stand made on behalf of the petitioner, this writ petition can be diposed of by giving liberty to the petitioner to approach the respondent no.2, Deputy Commissioner cum District Registrar, Giridih for redressal of her aforesaid grievances by filing representation making necessary descriptions of the properties, which are required for registration under the said sale deed and the respondent will make correct valuation of the property to enable the petitioner to pay the stamp duty and thereafter the respondent will allow the registration of the said deed with amendments, if necessary. The petitioner, therefore, is given liberty to approach the concerned respondent within three weeks from today before the Deputy Commissioner, Giridih, respondent No.2 for the aforesaid purpose. If the petitioner is able to complete the necessary formalities, the respondent will allow registration of the deed in question within eight weeks thereafter, after payment of stamp duty as fixed by the respondents on correct description of the property sought to be registered in favour of the petitioner. 7. With the aforesaid observation and direction, this writ petition stands disposed of.;


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