Smt. Mohan Dei vs State of U.P. and Others

Pankaj Mithal, J.—Heard Sri Gulab Chandra, learned counsel for the petitioner. A sale deed was executed on 15.9.2008. It was presented for registration before the Sub-Registrar on 25.11.2011. The Sub-Registrar by the impugned order dated 5.12.2011 refused to register the sale deed on the ground that it was not presented for registration within four months of its execution as stipulated u/s 23 of the Indian Registration Act, 1908 (hereinafter referred to as ''Act'') or even within another four months as provided u/s 25 of the Act.

Petitioner has invoked the writ jurisdiction challenging the above order passed by the Sub-Registrar.

Against the said order petitioner has a statutory remedy of filing an appeal u/s 72 of the Act before the Registrar. Petitioner has not exhausted the alternative remedy so available to him under law.

Apart from the above, on the refusal of the Registrar also to direct for the registration of the sale deed petitioner has a remedy by way of suit in the civil court as provided u/s 77 of the Act. In view of the aforesaid facts and circumstances and the statutory provisions, I am not inclined to entertain the writ petition against the order of the Sub-Registrar.

The writ petition is dismissed on the ground of alternate remedy.