Neutral Citation No. - 2025:AHC:11859-DB HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 7) Court No. - 21 Case :- WRIT - C No. - 38960 of 2024 Petitioner :- Kamla Infrabuild Private Limited And 2 Others Respondent :- State Of Up And 4 Others Counsel for Petitioner :- Sunil Kumar Counsel for Respondent :- Anjali Upadhya,C.S.C.,Sunil Kumar Hon'ble Manoj Kumar Gupta,J. Hon'ble Anish Kumar Gupta,J. 1. The instant petition has been filed seeking to question an administrative order of District Magistrate, Jhansi dated 01.6.2022 addressed to Deputy Registrar-I, Jhansi. By the said letter, he communicated to the Deputy Registrar-I, Jhansi that land of certain villages of District Jhansi are being surveyed for acquisition purposes for use by Civil Aviation Department. Consequently, sale deeds of land falling under the said villages should not be registered. 2. The petitioner has also prayed for a writ of mandamus directing the Sub-Registrar-I, Tehsil Jhansi, District-Jhansi to register sale deeds executed by the petitioners in respect of various plots in favour of different persons from whom the petitioner-Company is stated to have taken advance also. Certain other reliefs have also been sought but which have not been pressed. 3. The case of the petitioners is that the State Government issued a Notification on 14.9.2023 constituting Jhansi- Bundelkhand Industrial Development Authority under the provisions of the U.P. Industrial Area Development Act, 1976. The Development Authority so constituted, started negotiating with the tenure holders for purchase of their lands in terms of various Government Orders issued in this behalf, particularly Government Order dated 19.3.2015. The petitioner-Company in pursuance thereof executed a sale deed with respect to Gata no. 93 area 1.635 hectare, Village Amba Bai in favour of respondent no. 2. The petitioner is owner of 31 other plots. The petitioner has entered into transfer agreements with different persons but which were not being registered on account of the restraint put by respondent no. 3 vide the impugned communication dated 01.6.2022. 4. In compliance of our previous order, the District Magistrate, Jhansi has filed his affidavit and wherein the stand taken is that there was no specific prohibition on execution or registration of sale deeds. It is pointed out that the Special Land Acquisition Officer vide letter dated 4.12.2024 called for a report from Sub- Registrar, Sadar-I, Jhansi. He has submitted a report on 7.12.2024 informing that there was no specific restriction on registration of any sale deed of lands situated in Village-Amba Bai, Chandra, Karari, Kunda Karari and therefore, as many as 32 other sale deeds in respect of Village Karari, 11 sale deeds in respect of Village Kunda Karari, 69 sale deeds in respect of Village Amba Bai and 60 sale deeds in respect of Village Chandra were registered. It has also been stated that in order to clear any doubt even the communication impugned, has been recalled by the District Magistrate vide order dated 10.7.2023 and the same has been enclosed as Annexure-5 to the personal affidavit of the District Magistrate. 5. It has also been stated that respondent no. 2 was constituted vide Notification dated 14.9.2023 and land of various villages including the lands which are subject matter of the instant petition were notified as 'industrial development area' falling under the purview of the Authority. It is admitted that sale deed was obtained from the petitioner only in respect of Gata no. 93 area 1.635 hectare, Village-Amba Bai. 6. Ms. Anjali Upadhya and Sri Vineet Pandey appearing on behalf of respondent no. 2 very fairly state that under the U.P. Industrial Area Development Act, 1976, there is no prohibition for sale of land by title holders in respect of any area coming under the jurisdiction of the Authority. She submits that the Authority therefore has not put any restraint on execution of sale deeds. 7. From the stand of the State respondents as well as the Development Authority, namely, that they have not put any restraint on execution or registration of sale deeds, it is amply clear that there is no good reason on part of Sub-Registrar to decline to register the sale deeds. 8. Accordingly, we dispose of the instant petition with direction to respondent no. 4 to examine the request of the petitioner- Company for registration of any transfer deed, if presented before it, in accordance with law. Order Date :- 23.1.2025 Kirti (Anish Kumar Gupta, J.) (Manoj Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad