Syed Shafiqur Rahman S/o Late Syed Fazlur Rahman v. State of Jharkhand
2025-01-17
DEEPAK ROSHAN
body2025
DigiLaw.ai
JUDGMENT : DEEPAK ROSHAN, J. 1. The instant writ application has been preferred by the petitioner praying for a direction upon the respondent authorities to register the Deed of Sale which was presented before the District Sub-Registrar, Hazaribagh on 25.01.2021 and again on 09.06.2022 for registration of the flat. 2. Mr. Vishal Kumar Tiwary, learned counsel for the petitioner submits that the petitioner is the owner as well as developer of the property in question wherein earlier they have sold seven flats to the different buyers and now they again wanted to sell one flat and for that they presented a Deed of Sale before the District Sub-Registrar Hazaribagh; however, the same was returned. Subsequently, pursuant to the order dated 16.04.2024 passed in this case, again the petitioner presented the Deed of Sale before the District Sub-Registrar, Hazaribagh, who on 29.05.2024 endorsed on the Sale Deed that the petitioner is directed to enclosed the certified copy of the Register-II issued by the Circle Officer or the Land Possession Certificate which is to be enclosed with the Sale Deed. Thereafter, the petitioner had represented the concerned Circle Officer for issuance of Land Possession Certificate which was earlier issued in his favour by the Nagar Nigam vide memo no. 5133 dated 27.12.2018; however, neither any Land Possession Certificate was issued by the Circle Officer in favour of the petitioner, nor his application was rejected. Thereafter, an Interlocutory Application being I.A. No. 7678 of 2024 was filed challenging the said endorsement; and the same was allowed by this Court. 3. Learned counsel further draws attention of this Court towards Annexure-7 which is the notification dated 19.02.2016 which deals with certain procedure with regard to registration in which at Clause-5 it is specifically indicated that if within 15 days of the presentation of an application before the Circle Officer if certificate is not granted in favour of the respective applicant then it would be deemed that there is no objection to the Circle Officer and as such the District Registrar shall accept that it is deemed consent of the Circle Officer. For brevity, Clause-5 of Annexure-7 is quoted herein below:- By referring the aforesaid Clause, learned counsel submits that the instant writ application may be allowed by directing the concerned District Sub-Registrar to register the Deed of Sale. 4.
For brevity, Clause-5 of Annexure-7 is quoted herein below:- By referring the aforesaid Clause, learned counsel submits that the instant writ application may be allowed by directing the concerned District Sub-Registrar to register the Deed of Sale. 4. Learned counsel for the respondents submits that the case can be disposed of by observing Clause-5 of the notification dated 19.02.2016. 5. Having regard to the aforesaid admitted facts that the petitioner had represented the concerned Circle Officer for issuance of Land Possession Certificate which was already issued by the Nagar Nigam vide memo no. 5133 dated 27.12.2018 in his favour; however no certificate was issued by the Circle Officer in favour of the petitioner nor his application was rejected; coupled with Clause-V of the notification dated 19.02.2016 which is quoted herein above and also the fact that the petitioner had already sold several flats to the different buyers in the building, namely, “Fazal Enclave” the respondent no.3 is directed to look into the matter and in view of Clause-5 of Annexure-7 execute the Deed of Sale, if there is no other legal impediments except what has been shown earlier; within a period of one week from the date of presentation of the Deed of Sale. 6. With the aforesaid observation and direction, this writ petition stands allowed. Pending I.A., if any, is also closed.