Madhya Pradesh High Court
Shiv Grih Nirman Sahakari Samiti Thr vs The State Of Madhya Pradesh Thr on 2 February, 2023
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 2 nd OF FEBRUARY, 2023
WRIT PETITION No. 2542 of 2017
BETWEEN:-
SHIVA GRIH NIRMAN SAHAKARI SAMITI GWALIOR
THROUGH ITS AUTHORIZED SIGNATORY VINOD SINGH
R/O NAKA CHANDRAVADNI, LASHKAR, GWALIOR
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI SIDHARTH SHARMA - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH, THROUGH
PRINCIPAL SECRETARY, MINISTRY OF
COMMERCIAL TAXATION, VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. INSPECTOR GENERAL, REGISTRATION
DEPARTMENT, BHOPAL (MADHYA PRADESH)
3. DY. INSPECTOR GENERAL, REGISTRATION
DEPARTMENT, GWALIOR (MADHYA PRADESH)
4. SENIOR DISTRICT REGISTRAR REGISTRATION
DEPARTMENT, GWALIOR (MADHYA PRADESH)
5. SENIOR SUB REGISTRAR, REGISTRATION
DEPARTMENT, GWALIOR (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI S.K. SHARMA - GOVERNMENT ADVOCATE )
This petition coming on for admission this day, th e court passed the
following:
ORDER
The present petition under Article 226 of the Constitution of India is 2 preferred against the inaction on the part of respondents in not reconstructing the sale deeds of the petitioner found missing from the record at the Registration Office and is further aggrieved in not providing certified copy thereof which they are obliged under the provision of Registration Act and even the respondents/authorities are not conducting any inquiry in the matter as to which officer is responsible for misplacing of the sale deeds from the original records.
Learned counsel for the petitioner straight away took this Court to a letter dated 04.05.2019 (Annexure R/5) appended alongwith the reply filed by the respondents, whereby Senior District Registrar had written a letter to the Inspector General Registration Department who is authorized under Section 69 of Registration Act to conduct an inquiry in such type of cases, narrating all the facts and seeking permission for reconstruction of the missing sale deeds of the present petitioner and initiating action against the persons responsible for misplacing of the said sale deeds from the original records but till date neither the files have been reconstructed, nor any action has been taken against the culprits. So a limited prayer has been made by the counsel for the petitioner that a directions be issued to the respondents to gather the missing files with regard to the sale deeds pertaining to the petitioner to be reconstructed and also conduct and conclude the inquiry as contemplated vide letter dated 04.05.219 by the Inspector General Registration Department within a time bound frame. If such directions are issued, the grievance of the petitioner would be redressed.
Per contra, Govt. Advocate for the State while referring to the reply submits that the sale deeds had not been misplaced from the record at the Registrar's Office but had been lost while they were sent in some proceedings before the Court and, therefore, a permission has already been given for 3 reconstructing the files. In near future the files would be reconstructed and certified copy of the same would be given to the petitioner.
Heard learned counsel for the parties.
The argument which has been raised by counsel for the State is contrary to the letter dated 04.05.2019 (Annexure R/5), whereby it has been written that from the record of the Registrar's Office the said files went missing for which permission was sought for reconstruction the same as well as action was solicited to be taken against the persons responsible for the missing files.
Section 57 of the Registration Act which provides as under :-
"Section 57 of Registration Act 1908 : Registering officers to allow inspection of certain books and indexes, and to give certified copies of entries (1) Subject to the previous payment of the fees payable in that behalf, the Books Nos. 1 and 2 and the Indexes relating to Book No. 1 shall be at all time open to inspection by any person applying to inspect the same; and, subject to the provisions of section 62, copies or entries in such books shall be given to all persons applying for such copies.
(2) Subject to the same provisions, copies of entries in Book No. 3 and in the Index relating thereto shall be given to the persons executing the documents to which such entries relate, or to their agents, and after the death of the executants (but not before) to any person applying for such copies. (3) Subject to the same provisions, copies of entries in Book No. 4 and in the Index relating thereto shall be given to any person executing or claiming under the documents to which such entries respectively refer, or to his agent or representative.
(4) The requisite search, under this section for entries in Book Nos. 3. and 4 shall be made only by the registering officer.
(5) All copies given under this section shall be signed and sealed by the registering officer, and shall be admissible for the purpose of proving the contents of the original documents."
Whereby, it is incumbent upon the respondents/ registering authorities to allow parties for inspection of the books and indexes and to give certified copy of the entries made in the record, so as a matter of right the petitioners are entitled for getting the certified copies of the sale deeds which they are being 4 denied due to lackadaisical attitude of the respondents, therefore, in the fitness of things this Court deems it fit to direct respondents/registering authorities to reconstruct the missing file which pertains to the missing sale deed/s of the petitioner and initiate appropriate action against the responsible persons in the light of letter dated 04.05.2019 (Annexure R/5).
Let this exercise be completed within a period of three months. With the aforesaid direction, petition stands disposed of.
(MILIND RAMESH PHADKE) JUDGE neetu NEETU SHASHANK 2023.02.03 12:54:28 +05'30'