Sale deed stuck: Allahabad HC asks Jaunpur DM, sub-registrar not to withdraw salaries

A Division Bench of Justices Arun Tandon and Ashwani Kumar Mishra passed the order on September 14, while hearing a petition filed by Matavi and another person.

Allahabad | Published:September 17, 2015 12:05 am

The Allahabad High Court has directed Jaunpur district magistrate and the sub-registrar not to withdraw their salaries without its permission till they explain why there was no information about a sale deed registered in 1991.

A Division Bench of Justices Arun Tandon and Ashwani Kumar Mishra passed the order on September 14, while hearing a petition filed by Matavi and another person. The petitioner complained that the sale deed of her plot has not been processed with since 1992, as a result of which she was facing problems.

The court said: “We have no hesitation to record that there has been prima facie, gross negligence in performance of statutory duties by both the officers. We are not passing any further order today against the officer concerned. We only provide that the Collector Jaunpur as also the Sub-Registrar shall remain present before this Court on the date fixed, along with the relevant record in respect of the deed in question. Till then, the collector Jaunpur, as well as sub-registrar concerned shall not draw their salary without the leave of the Court.” The court has fixed September 18 for the next hearing.

The court added: “It is surprising that the sale deed, which was put for registration in 1991, met with certain objections in the matter of deposit of stamp duty and a report is stated to have been submitted under Section 47-A of the Indian Stamp Act, regarding under valuation of property as against its market rate determined. According to the Standing Counsel, notice was issued to the parties for deciding the matter Under Section 47-A of the Act in 1992 itself. What has happened after 1992 is unknown for the last 23 years.”

D K Tiwari, counsel for the petitioner, said: “The court had given the officials concerned at least four to five occasions to bring the report concerned with the sale-deed. The proceedings were initiated by the petitioner’s husband, who has now passed away. The petitioner wanted to get the documents processed at the earliest.” The matter pertained to a plot of land in Jaunpur district.

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