IN THE HON’BLE HIGH COURT OF CHHATTISGARH ‘ AT BILASPUR W.P.(C) NO >3§M /2010 m; EEWQ PETITIONER Vmod Kumar Goyal S/o. Jagdish Goyal aged about 45 years, R/o. Mayapur, Fundurdihari Ambikapur, Tahsil Ambikapur, District Surguja (C.G.) VERSUS 1]/ State of Chhattisgarh, through: Secretary, Revenue Department, D.K.S. Bhawan, Raipur District Raipur (C.G.) RESPONDENTS 2] / Collector, Ambikapur, District Surguja (C.G.) '3] / District Registrar (Registry), Ambikapur, District Surguja (C.G.) Sub—Registrar, Ambikapur, Office of Registrar, Ambikapur, District Surguja (C.G.) WRIT PETITION UNDER ARTICLE 226 & 227 OF THE CONSTITUTION OF INDIA (@ HIGH COURT OF CHHATTISGARH : BILASPUR WRIT PETITION (C) NO.5391 OF 2010 PETITIONER Vinod Kumar Goyal Versus State of Chhattisgarh & Others (Writ Petition under Articie 226 & 227 of the Constitution of India) Single Bench : Hon’ble Shri Satish K. Agnihotri, J, Present :- Shri Manoj Paranjape, Advocate for the petitioner. Shri P.K. Bhaduri, Panei Lawyerforthe State. RESPONDENTS ORDER (ORAL) (Passed on this 24m day of November, 2010) 1.7, By this petition, the petitioner seeks quashing of the order dated 5-7-2010 (Annexgre — P/1) passed by the Collector, Sarguja (CG). 2. The facts of the case, in brief, are that the petitioner is the residentof village Fundurdihari, Ambikapur. The petitioner is the owner of [and bearing khasra Nos.474 & 475. The father of the petitioner nameiy; Jagdish Goyai is suffering from heart disease and he is advised to undergo major heart operation and for which the petitioner had a need of some lump sum amount, therefore, he decided to dispose of the property bearing khasra Nos.474/4, 475/5 area of 0.093 and 0.008 hectares total 25 decimal. Accordingly, the petitioner entered into an agreement with one Kalawati Gupta and presented the sale—deed before the Sub—Registrar, (1 Ambikapur, who refused to register the same on the ground of non-production of no objection certificate from the Municipal Corporation, Ambikapur, or from Nagar Tatha Gram Nivesh, in view ofthe order dated 5—7-2010 passed by the Collector. 3. Learned counsel appearing for the petitioner submits that under the provisions of the Registration Act; 1908 (for short ”the Act, 1908’) the Collector has no jurisdiction to impose any condition directing the Sub—Registrar not to register the document in absence of No Objection Certificate from Municipal Corporation or from Nagar Tatha Gram Nivesh. Learned counsel further submits that the action of the Sub-Registrar de hors the provisions of law at the instance of the Coiiector. The same is contrary tothe provisions of Iaw and amounts to coiourabie exercise of power. The Sub-Registrar following the guideiines and instructions issued by the Collector declined to register the sale deed whereunder the petitioner sold his property to one Kalwati Gupta. 4. On the other hand, learned counsel appearing for the State orally submits that the identical issue camesup for consideration before this Court in Sanjay Kumar Kada & Another v. State of Chhattisgarh & Others7, wherein this Court held that the Collector has no jurisdiction to amend a part or entire rules. There has to be a proper notification, as provided under the provisions of law. The order passed by the Collector is a mere guideline and not in accordance With j the provisions of law. 1 WP (C) No.4374 of 2009 (decided on 28-7-2010) 'l\ . 5. Having heard learned counsel appearing for the parties, perused the pieadings and the documents appended thereto, it is held that the present case is identical to that of decision of this Court rendered in Sanjay Kumar Kada’. 6. Accordingly, the impugned order dated 5-7-2010 (Annexure — P/1) passed by the Collector, Sarguja, in respect of the petitioner, is hereby quashed. The Sub-Registrar, Ambiakpur, is directed to consider the case of the petitioner, in accordance with the provisions of the Act, 1908 and in View of the decision of this Court in Sanjay Kumar Kada7 as expeditiously as possible. 7. in the result, the writ petition is allowed to the above extent. No order asto costs. l l Sd/- Satish K. Agnihotri Gowri ‘ Judge