- (1.) Since common question of law is involved in both the writ petitions and therefore, both the writ petitions were taken up and heard together and are being disposed of by this common order.
(2.) In both the writ petitions, the petitioners namely Shakuntala Devi in W.P.(C) No. 2563 of 2003 and Sardar Harjinder Pal Singh as well as Sardar Manmeet Singh in W.P.(C) No. 3262 of 2003 have prayed for issuance of writ of mandamus commanding upon the respondent No. 3 - the District Sub-Registrar, Ranchi to register the Sale Deeds executed and presented for registration by the proforma respondents i.e. Mrs. Harbans Kaur alias Harbans Kaur Saluja in W.P.(C) No. 2563 of 2003 and Manohar Lal Chourasia as well as Sant Lal Chourasia in W.P.(C) No. 3262 of 2003, in favour of the writ petitioners, which has been withheld by the respondent No. 3 - the District Sub-Registrar, Ranchi illegally and arbitrarily.
(3.) The facts in short in W.P.(C) No. 2563 of 2003, are stated here-in-below:- i. The writ petitioner Shakuntala Devi intended to purchase 5 Kathas of Sand in R.S. Plot No. 1151, Sub-Plot No. 47 under Khata No. 122, Holding No. 689/A, Khewat No. 4, Village - Hesal, Thana No. 202. P.S. - Sukhdeo Nagar, District - Ranchi from the present owners Mrs. Harbans Kaur (Proforma Respondent), wife of Sardar Ranbir Singh. ii. According to the petitioner, the aforesaid land originally belonged to M/s. Ranchi Zamindari Ltd. alias Ranchi Enterprises Limited. The said property was transferred by the erstwhile owner M/s. Ranchi Zamindari Ltd. alias Ranchi Enterprises Limited by a registered Deed No. 6212 dated 12th December, 1958 by way of permanent, heritable, transferable lease in favour of Sardar Ranbir Singh, son of Sardar Madan Singh vide Annexure-1 to the Writ Petition. iii. Sardar Ranbir Singh constructed a house in the year 1958 - 59 which bears holding No. 6891 A. Sardar Ranbir Singh gifted the aforesaid land to his wife Mrs. Harbans Kaur by registered Deed of Gift No. 13385, dated 22nd August, 1974 vide Annexure-2. iv. Mrs. Harbans Kaur, i.e. the Proforma Respondent, presented a Deed of Sale before the District Sub-Registrar, Ranchi for registration of transfer of the aforesaid land in favour of the petitioner. The District Sub- Registrar, Ranchi, has kept the matter of registration of Deed of Sale pending on the ground that the land Plot No. 1151 is recorded in the name of Ranchi Enterprises in the Urban Land Ceiling records. v. Further case of the petitioner is that the Urban Land (Ceiling and Regulation) Act, 1976 came into force on 1st April, 1976 and the lands transferred before the said date by Ranchi Enterprises are not affected by the said Act. vi. According to the petitioner, a portion of the said Plot No. 1151, which had been transferred by Ranchi Enterprises, prior to 1976, have been transferred through the Registered Deed recently. Such as Santu Lal has transferred a portion of Plot No. 1151 to Ashok Kumar Rai by Registered Sale Deed No. 7761 dated 14.09.1993. Similarly, one Sardar Hari Munjal transferred a portion of Plot No. 1151 to Smt. Lazwanti Ghai vide registered Sale Deed No. 6397 dated 13.08.1998 and both the aforesaid lands originally belonged to Ranchi Enterprises. vii. The grievance of the petitioner is that the District Sub-Registrar, Ranchi has neither registered nor passed any final order with regard to the Deed of Sale presented by Mrs. Harbans Kaur (Proforma Respondent) in favour of the petitioner and he has kept the matter pending for more than 1 years.;