IN THE HIGH COURT OF JUDICATURE AT PATNA Letters Patent Appeal No.1939 of 2011 In Civil Writ Jurisdiction Case No. 16733 of 2008 With Interlocutory Application No. 8636 of 2011 And Interlocutory Application No. 8637 of 2011 In Letters Patent Appeal No. 1939 of 2011 ====================================================== 1. The State of Bihar through the Secretary-cum-Inspector General of Registration, Govt. of Bihar, Patna. 2. Collector -cum-Registrar, Darbhanga. 3. The Sub Registrar, Darbhanga. .... .... Respondents/Appellants Versus 1. Satya Narayan Agrawal S/o Late Kusheshwar Prasad Agrawal, Resident of Mohalla-Tower Chowk, P.O.-Lalbagh, P.S., Town and District-Darbhanga. .... .... Petitioner-Respondent 2. Dina Nath Purve, S/o Late Ram Avtar Purve, Resident of village- Shubhankarpur Pohadi, P.S.-Bihera, District-Darbhanga. 3. Arun Kumar Purve, S/o Late Satya Narayan Purve, resident of village Shubhankarpur Pohadi, P.S.-Bohera, District- Darbhanga. …………. Respondents-Performa Respondents. ====================================================== Appearance : For the Appellant/s : Mr. D.K.Sinha, AAG-2 with Mr. Sudhir Kumar, AC to AAG-2. For the Respondent/s : ====================================================== CORAM: HONOURABLE THE CHIEF JUSTICE and HONOURABLE MR. JUSTICE BIRENDRA PRASAD VERMA ORAL ORDER (Per: HONOURABLE THE CHIEF JUSTICE) 2 14-12-2011 Re. Interlocutory Application No. 8636 of 2011: The delay of one year 297 days occurred in filing the Letters Patent Appeal is condoned. Interlocutory application stands disposed of. Re. Letters Patent Appeal No. 1939 of 2011 & Interlocutory Application No. 8637 of 2011: Feeling aggrieved by the order dated 27th October 2009 made by the learned single Judge in above CWJC No. 16733 Patna High Court LPA No.1939 of 2011 (2) dt.14-12-2011 2 / 2 2 of 2008, the State Government has preferred this Appeal under Clause 10 of the Letters Patent. The matter at dispute is the registration of a document (Sale Deed). The District Sub Registrar refused to register the sale deed presented before it on the premise that the property in question did not belong to the vendor. The learned single Judge has held that the District Sub Registrar has no jurisdiction to question the title of the vendor. Consequently the learned single Judge has directed the respondents to register the sale deed presented for registration. Therefore, this Appeal. Learned Additional Advocate General-2 Mr. D. K. Sinha has appeared for the appellants. He has relied upon Section 23A of the Registration Act, 1908. He has submitted that it is the duty of the registering officer to verify the genuineness of the title of the vendor. In the present case, the said land belongs to the State Government and it has been illegally sold by the vendor who does not have title over the said land. We agree with the learned single Judge. In the event, it is the Government land which is being sold away by the unauthorized person, in our opinion the only remedy to the Government would be to challenge the sale deed in question before the Civil Court. We see no merit in this Appeal. Appeal is dismissed in limine. Interlocutory application stands disposed of. Sujit/- (R.M. Doshit, CJ) (Birendra Prasad Verma, J)