Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:33944
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 3531 of 2025 1 - Bhola Singh S/o Nanka Aged About 69 Years R/o Village Lalpur, Ward No. 16, Post Manendragarh, District- Manendragarh-Chirmiri-Bharatpur, C.G.
... Petitioner versus 1 - State Of Chhattisgarh Through Secretary, Revenue Department, Mahanadi Bhawan, Mantralay, Capital Complex, New Raipur, District Raipur, C.G. 2 - Collector Manendragarh-Chirmiri-Bharatpur, District- Manendragarh-Chirmiri- Bharatpur, C.G. 3 - State Of Chhattisgarh Through Sub- Registrar, Manendragarh-Bharatpur, District- Manendragarh-Chirmiri-Bharatpur, C.G.
... Respondents
For Petitioner : Mr. Manoj Pranjape, Advocate appears along with Mr. Rishabh Gupta, ADvocate For State/respondents : Mrs. Akanksha Verma Dabadhker, Panel lawyer For Intervener : Mr. Ayush Mittal, Advocate Hon’ble Shri Justice Arvind Kumar Verma
Order on Board 18.07.2025
1. By way of this petition, the petitioner is seeking for the following reliefs:-
“a. That, this Hon’ble Court may kindly be pleased to issue writ/writ,
order/orders, direction/directions quashing the impugned order dated 23.12.2024(Annexure P/1), passed by the Collector, District Manendragarh- Chirmiri-Bharatpur and the Sub-Registrar, Manendragarh may kindly be
directed to register the sale-deed of the petitioners in accordance with the provisions of the Registration Act, 1908. 2 b. That, the Hon’ble Court may kindly be pleased to grant any other relief which is deem fit and proper.”
2. Learned counsel for the petitioner submits that the Collector has no jurisdiction to issue any direction to the Sub-Registrar who is also a quashi-judicial authority under the Registration Act, 1908. The Collector, while passing the impugned order has failed to appreciate that according to the Registration Act, 1908 every document to be registered under this Act, whether such registration be compulsory or optional shall be presented at the proper registration office and the same will be registered by the Registrar or by the Sub-Registrar in accordance with the Registration Act, 1908. 3. He further submitted that under the Registration Act, 1908, the Registrar and Sub-Registrar are duty bound to register the documents presented before them for registration. The order passed by the Collector is without jurisdiction and no such precondition for registration can be imposed by the Collector. The Collector by issuing the administrative orders cannot impose any restriction or condition with regard to registration of the documents, which is not otherwise there in the registration act. 4. He submits that the Sub-Registrar while passing the impugned order has failed to appreciate that Collector is superior authority of Sub-Registrar therefore no such direction can be issued to Sub-Registrar. Hence the impugned order is illegal, erroneous and contrary to law and therefore, it is liable to be set-aside. 5. Learned counsel for the State submits that direction which has been issued by the Collector on 23.12.2024 in which Collector has passed the direction that no action of purchase or sale of land will take place without obtaining prior report of Town and Country Planning, Gram Baikunthpur, District- Korea, Chhattisgarh, but that has already been withdrawn by the Collector, District- Manendragarh, Chirmiri, Bharatpur, (Chhattisgarh) vide letter dated 15.07.2025 bearing Serial no. 4732/Reader-1/Collected/2025. Hence there is nothing to survive to adjudicated the matter. 6. I have heard learned counsel for the respective parties at length and
3 perused the record with utmost circumspection. 7. Looking to the facts and circumstances and after bare perusal of the record available, this Court is of the considered opinion that there remains nothing which survives to adjudicate the matter.
Hence this petition is disposed of with the liberty to the petitioner that he may file a fresh petition, if any cause of action arises. 8. With the aforesaid liberty, the present petition is disposed of. 9. With the aforesaid direction, the instant petition stands disposed of. sd/-
(Arvind Kumar Verma) alfiza
JUDGE