IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.16079 of 2010 Kiran Devi, wife of Sri Ram Bilash Yadav, resident of village/P.O.Siswa Barhi, P.S. Phulparas, District-Madhubani, at present residing at Mohalla Indrapuri, Road No.1, P.O.Kesharinagar, P.S.: Patliputra, District-Patna. ….. Petitioner. Versus 1. The State of Bihar 2. The Collector, Patna. 3. The District Registrar, Patna Registry Office, Patna. 4. The District Sub-Registrar, Patna Registry Office, Patna. 5. The Deputy Collector-in-charge, Legal Section, Patna. 6. The Sub Divisional Officer, Patna Sadar, Patna. 7. The Anchal Adhikari, Phulwarisharif, District-Patna. …… Respodnents. ----------- For the petitioner : Mr. Sidhendra Narayan Singh, Advocate. For the respondents : Mr. Arjun Pd. Singh, A.C. to S.C.2. ------- 03/ 12.10.2010 Heard learned counsel for the petitioner and learned counsel for the State and its authorities. 2. This writ petition has been filed by the petitioner for directing the authorities to deliver original sale deed dated 03.11.1999 with respect to Plot no.16 (6 katha) and Plot No.17 (2 Katha, 11 Dhoor, 4 Dhurki) appertaining to Khata nos. 15 and 13 under Tauzi No.5064 within Thana no.90 situated in Phulwarisharif executed by Sri Manohar Lal S/o Late Ram Narayan Lal and his five sons, residents of Phulwarisharif, P.S. Phulwarisharif, District-Patna in favour of the petitioner for consideration of Rs.84,000/- which was finally registered on 03.11.1999 by the District Sub-Registrar, Registry Office, Patna. It is also stated that despite his best effort, the said sale deed has not been supplied to the petitioner even after producing the original Chirkut dated 03.11.1999 (Annexure-1), although no objection had - 2 - been raised by the vendor or any one else. 3. A counter affidavit has been filed on behalf of the respondents-State of Bihar and its authorities stating that the sale deed has not been supplied because the matter is pending before Sub-Divisional Officer, Sadar, Patna as well as Circle Officer, Phulwarisharif and Inspector of Registration Offices, Patna Division who are making correspondences with each other with respect to stamp duty but all is in vain and hence sale deed could not be supplied to the petitioner by the District Sub-Registrar, Patna Registry Office. 4. Considering the entire facts and circumstances of the case, it is quite surprising that the matter is pending for 11 long years for merely a small thing, i.e. supply of the original sale deed to the petitioner when the sale deed has been registered as far back as on 03.11.1999. So far the pendency of the matter before the authorities is concerned, it may be for obvious reasons as the petitioner may not be surrendering to the wishes of the authorities concerned. But one thing is quite apparent that when no response is being made by any of the authorities concerned for more than a decade it has to be legally presumed that no objection exists with regard to sale deed of the petitioner and the petitioner cannot be legally expected to wait for infinity. In the said circumstances, it has to be presumed that there is no legal and proper objection to the aforesaid sale deed which had been registered as far back as on 03.11.1999. - 3 - 5. In the said circumstances, this writ petition is allowed and the respondents, especially respondent no.4, namely District Sub-Registrar of Patna Registry Office, is directed to supply the original sale deed dated 03.11.1999 immediately to the petitioner on receipt of a copy of this order along with the Chirkut dated 03.11.1999. Sunil (S. N. Hussain, J.)