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Madhya Pradesh High Court · body

2014 DIGILAW 949 (MP)

Nanuram Yadav v. State of M. P.

2014-08-05

S.C.SHARMA

body2014
ORDER 1. This writ petition has been filed by the petitioner challenging the order dated 15.7.2014 by which respondent No.2 has refused to register the sale deed produced by petitioner on the ground that as per provisions of section 165 (6a) of M.P. Land Revenue Code, the sale deed can be registered only after obtaining permission from the competent authority. 2. The case of petitioner is that no permission under section 165(6a) of the Code is required and that respondent No.2 has passed the impugned order without giving an opportunity of hearing to the petitioner. 3. When the matter is taken up today, counsel for petitioner has submitted that the issue involved in the present case is squarely covered by the order of this Hon’ble Court dated 25th September 2013 in the matter of Kiran Khode v. State of M.P. and others passed in W.P. No.10704/2013. 4. Counsel for respondent/State has not disputed this aspect of the matter. 5. This Court in the matter of Kiran Khode (supra) as held as under:- “3. From perusal of record, it appears that while refusing to register the document neither any opportunity of hearing was given to the petitioner nor documents which were filed before this Court were not before respondent No.2. In view of this, petition filed by the petitioner is disposed of with a short direction that upon production of copy of the order passed by this Court and also with necessary documents which are annexed with the petition along with copies of law laid down in the matter of Kamal Singh and Babulal (supra) are submitted before the respondent No.2, then, the respondent No.2 shall either allow the petitioner to get the sale deed executed or shall assign the reason why the petitioner is not entitled to get the sale deed executed. Needful be done within four weeks from the date of receipt of copy of the order passed by this Court along with application and necessary documents.” 6. Needful be done within four weeks from the date of receipt of copy of the order passed by this Court along with application and necessary documents.” 6. Keeping in view the submissions which have been made by the learned counsel for parties before this Court, the present writ petition is disposed of by holding that the directions which have been issued in the case of Kiran Khode (supra) will apply mutatis mutandis in the case of the present petitioner also and needful be done by respondent No.2 within four weeks from the date of receipt of certified copy of this order along with application and necessary documents in terms of the order noted above. The petition is accordingly disposed of. ................