Surabhi Divya Kiran vs State of Jharkhand

Shree Chandrashekhar, J. - During the course of hearing, it transpired that the original writ petitioner died on 14.04.2016 and thereafter, I.A. No.5802 of 2016 was filed by one Surabhi Divya Kiran claiming herself daughter of the writ petitioner. I.A. No.5802 of 2016 was allowed in the aforesaid manner:

"This application has been filed by one Surabhi Divya Kiran claiming herself daughter of the writ petitioner namely, Bhai Halen Kujur. In support of the application the said Surabhi Divya Kiran has filed her affidavit. The death certificate issued by the Department of Planning and Development disclosing that Bhai Halen Kujur died on 14.04.2016 has been produced on record vide Annexure-1 to the instant application. Without adjudicating the claim of the applicant, the instant substitution petition is allowed only to the extent that the applicant can prosecute the writ petition on behalf of the original writ petitioner, however, no other right would flow to the applicant on account of order passed by this Court.

I.A. No. 5802 of 2016 is allowed.

Let necessary correction be done in the memo of parties and cause title during the course of the day."

The learned State counsel submits that a writ petition seeking a direction upon the registering authority to register a sale deed is not maintainable, as held by this Court in W.P.(C) No. 6184 of 2014 and batch cases vide judgment and order dated 19.05.2015. It is submitted that unless the procedural requirements as laid down under the Registration Act, 1908 are fulfilled and the registering authority is satisfied on all counts, the authority is not under a duty to register a document presented before it, compulsorily.

I find that it has not been disclosed by the substituted petitioner that she is the only legal heir and representative of the original writ petitioner nor it has been stated whether she is entitled to inherit properties of her father, who belonged to Scheduled Tribe. Moreover, the sale deed which was allegedly presented before the registering authority does not bear an endorsement of the registering authority. Section 72 of the Registration Act, 1908 contains a provision for appeal in cases where the registering authority has declined to register a document.

However, without going into the unnecessary factual matrix of the case and without deciding the claim of the petitioner in the present proceeding, on merits, it is ordered that the instant writ petition shall be governed by order dated 19.05.2015 passed in W.P.(C) No.6184 of 2014 and batch cases. Needless to say that if the substituted petitioner is legally entitled to convey the property comprised in the sale deed, a copy thereof has been produced in the present proceeding vide Annexure-3, the substituted petitioner can adopt the procedure discussed in order dated 19.05.2015 in W.P.(C) No.6184 of 2014 and batch cases.

The writ petition stands disposed of.