IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No 16733 of 2008 Satya Narain Agrawal, son of late Kuseshwar Prasad Agrawal, resident Of Moh – Tower Chowk, PO, PS, Town & Dist – Darbhanga -Petitioner Versus 1 The State of Bihar through the Secretary –cum- Inspector General of Registration, Government of Bihar, Patna 2 The Collector –cum- Sub Registrar, Darbhanga 3 The Sub Registrar, Darbhanga 4 Dina Nath Purve, son of late Ram Awatar Purvey 5 Arun Kumar Purbey, son of late Satya Narayan Purbey, 4 & 5 are residents of Shubhankerpur Pohaddi, P S – Behra, District – Darbhanga -Respondents *** For the petitioner : M/s S D Sanjay & Gopal Prasad Gupta, Advocates For the respondents : M/s N K Singh, SC VI & J P Sharma, Assistant Counsel to SC VI *** 2 27.10.2009 The petitioner had purchased certain lands at Darbhanga. He applied for registration of the sale deed. The vendor admitted execution. The vendee admitted paying consideration yet the District Sub Registrar (Registration) refused to register the same and returned it. Petitioner filed an appeal before the Collector who is the District Registrar who has dismissed the appeal. The ground for non-registration of the same document is that as per Register – II, most of those lands have now been noted in the name of a private institution. The spacious plea taken by the Collector of the district is that keeping in view of the drive for encouraging education in the State, if such transfers are allowed, it would force the private institution to get into unnecessary litigations. I am not impressed. There are catena of 2 judgments including the judgment rendered in the case of Bihar Deed Writers Association & Others –Versus- State of Bihar & Others, 1988 PLJR 671 wherein it has been clearly held by a Division Bench of this Court that while accepting document for registration, the Registrar has no jurisdiction to question the title of either of the seller or the purchaser. These are matters as between the seller and the purchaser and if there be any dispute with the third parties, the same shall be sorted out amongst the parties in the Court. The action of the respondents, thus, is without jurisdiction and wholly illegal. The appellate order and the order refusing registration are, thus, set aside. The respondents are directed to register the document. If any party has any objection, it would be open to them to get the dispute settled in accordance with law but for that purpose, registration cannot be refused. The writ petition is, accordingly, allowed. The respondents would register the document not later than one week of its presentation. M.E.H./ (Navaniti Prasad Singh)