Ram Dehi Devi vs State Of Jharkhand And Ors. on 15 March, 2002

Jharkhand High Court
Ram Dehi Devi vs State Of Jharkhand And Ors. on 15 March, 2002
Author: S Mukhopadhaya
Bench: S Mukhopadhaya


S.J. Mukhopadhaya, J.

1. This writ petition have been preferred by the petitioner for direction on respondent Sub-Registrar, Registration Office, Ranchi to return and/or to deliver the registered sale deed vide registration dated 18th October, 2000 to the petitioner as per Section 61 of the Registration Act, 1908.

2. The case of the petitioner is that he purchased a portion of land measuring 4 Katha and 5 Chhatak under Khata No. 198 bearing plot No. 968 (A) situated at Hinoo P.S. Doranda District Ranchi from the 4th respondent Achayaber Nath Sharma after making payment of consideration.

3. In the counter affidavit filed on behalf of the respondent Nos. 2 and 3 they have taken plea that the petitioner never submitted the receipt (Chirkut) granted by the office as required to be submitted as per rule. On a mere petition the delivery of registered document cannot be claimed.

4. An intervenor petition has been filed on behalf of one Vishwa Nath Singh, s/o Late Yogendra Singh who claimed right and title over the land in persuance of registered deed dated 16th August, 2001.

5. According to the Intervenor he purchased the land from the rightful owner and the person who transferred the land in question in favour of the petitioner had not right and title to transfer. It is alleged that the intervenor had also informed the matter to the officers of the Registration Office on 19th October, 2000. As in the present case, the Court cannot determine the question of right and title or possession under Article 226 of the Constitution of India, this Court is not inclined to accept the submission of one or other parties in this respect. If the document as claimed by the petitioner has been registered on 18th October, 2000, the authorities are bound to hand over the same to the rightful person who may produce the receipt (Chirkut), without being going to the question of right and title.

6. In the circumstances, the petitioner is given liberty to approach the Sub-Registrar, Registration Office, Ranchi, if she produces the original receipt (Chirkut) the authority concerned will hand over the registered document forthwith.

7. So far the question as to who have the right title and possession over the land Is concerned the aggrieved persons whether the petitioner or the intervenor may move before the Civil Court of competent jurisdiction.

This writ petition stands disposed of.

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