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2025 DAILYLAW 46854 (ALL)

SUBHASH CHANDRA @ SUBAS CHANDRA v. STATE OF U.P. & 3 OTHERS

WRIC/12086/2025 · 2025-04-22

Avnish Saxena, Saurabh Dwivedi Registrar J Cpc

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61236-DB Court No. - 39 Case :- WRIT - C No. - 12086 of 2025 Petitioner :- Subhash Chandra @ Subas Chandra Respondent :- State Of U.P. & 3 Others Counsel for Petitioner :- Mohd Sarwar Khan Counsel for Respondent :- C.S.C. Hon'ble Arindam Sinha,J. Hon'ble Avnish Saxena,J. 1. Mohd. Sarwar Khan, learned advocate appears on behalf of petitioner and submits, his client along with the purchaser presented sale deed dated 14th March 2024 for registration before respondent no.3. Said respondent refused to register the document saying that the transaction is in respect of Waqf property. Paragraph 9 of the writ petition is reproduced below. "That it is submitted that while the sale deed so executed by the petitioner in favour of the respondent no.4, the Sub- Registrar Tehsil Sadar District Jaunpur i.e. respondent no.3 has refused to register the sale deed at the time when it was presented for registration on different occasion and finally on 17.01.2025 on the ground that the property regarding which the sale deed is executed is a Waqf property." After the quote Mr. Khan seeks issuance of mandamus to compel said respondent to register the document. 2. Mr. Ambrish Shukla, learned advocate Additional Chief Standing Counsel appears on behalf of State and submits, several orders passed by this Court in respect of registration have been disclosed in the petition. Similar order be made herein. 3. Section 71 in Registration Act, 1908 requires reasons for refusal to register to be recorded. Petitioner along with the purchaser will present the document for registration to respondent no.3, who will either register the document or record reason(s) for refusal to do so. The presentation is to be accompanied by certified copy of this order. 4. The writ petition is disposed of. Order Date :- 23.4.2025 Abhishek Sri. (Arindam Sinha,J.) (Avnish Saxena,J.) Digitally signed by :- ABHISHEK RANJAN SRIVASTAVA High Court of Judicature at Allahabad