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2020 DIGILAW 328 (JHR)

Jyoti Sinha, wife of Sri B. K. Sinha v. Chief Executive Officer, Ranchi Municipal Corporation, Ranchi Near, Kachahari, P. O. , G. P. O, P. S. Kotwali, District-Ranchi

2020-02-17

SANJAY KUMAR DWIVEDI

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JUDGMENT : Heard Mr. Vishal Kumar Tiwary, learned counsel appearing for the petitioners, Mr. L.C.N. Shahdeo, learned counsel appearing for the respondent no. 1-Ranchi Municipal Corporation, Mr, Pankaj Kumar, learned counsel for the respondent no. 2. 2. Mr. Vishal Kumar Tiwary, learned counsel appearing for the petitioners submits that petitioners have filed writ petition for direction upon the respondent no. 1 for issuing proper certificate as per section 21 of the Jharkhand Apartment (Flat) Ownership Act, 2011. 3. Mr. Vishal Kumar Tiwary, learned counsel appearing for the petitioners submits that petitioners are paying E.M.I with regard to flat in question which registration is required to be done in favour of petitioners. He further submits that petitioners have taken loan from the different banks and E.M.I. are being paid to the builder. 4. Mr. L.C.N. Shahdeo, learned counsel appearing for the respondent no. 1-Ranchi Municipal Corporation submits that there is enquiry by the Central Bureau of Investigation and in that view of the matter there is some impediment in registering the flat in question. 5. Mr. Pankaj Kumar, learned counsel appearing for the respondent no. 2 who is builder submits that builder is ready to produce his sale-deed before the Sub-Registrar, Ranchi. He further submits that if the Sub-Registrar accepts the documents, builder has no objection in registering the flat in question. 6. In view of the submission of the learned counsel for the parties, this writ petition is disposed of with liberty to the respondent no. 2 and petitioner to approach the Sub-Registrar, Ranchi by way of filing sale-deed who will take appropriate decision in view of Section 17 of the Registration Act, 1908. 7. This writ petition is disposed of with aforesaid liberty.