Anuj Tomar vs State Of U.P. And 2 Others
2019 Latest Caselaw 4420 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 29
 

 
Case :- WRIT - C No. - 15412 of 2019
 

 
Petitioner :- Anuj Tomar
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Rohan Gupta
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Pankaj Mithal,J.

Hon'ble Prakash Padia,J.

Heard Ms. Kali Gupta, learned counsel appearing for the petitioner and Additional Chief Standing Counsel.

The Sub Registrar, Modi Nagar, Ghaziabad, is also present.

The petitioner presented an agreement to sale dated 15.4.2019 for registration before the Sub Registrar, which has not been registered. The registration has not been refused on the ground that it is not a validly executed instrument or that it has not been properly presented or that adequate stamp duty has not been paid on it.

In view of the above, we have required the learned Standing Counsel to seek instructions and when the instructions had not come forth, we have directed the officer to appear in person.

On his instructions it has been informed that the aforesaid document has not been registered as some enquiries are pending with the District Magistrate and that District Magistrate has ordered the Sub Registrar not to register any document in relation to the property as the title is in dispute.

The Sub Registrar is not the authority competent to examine the title of the property and he has to apply his independent mind so as to register or to refuse to register a document rather than going by the dictates of the District Magistrate or any higher authority.

In view of the facts and circumstances, we issue an interim mandamus commanding the respondent no.3-Sub Registrar, Modinagar, Ghaziabad, to register the aforesaid document on its re-presentation by the petitioner within a period of one month of its presentation or to show cause by filing counter affidavit within a month.

List after six weeks for admission/final disposal.

Order Date :- 13.5.2019

Pramod Tripathi