REGISTRY DEPARTMENT IS BOUND TO ABIDE BY THE ORDER OF THE COURT EVEN IF IT IS NOT THE PARTY

REGISTRY DEPARTMENT IS BOUND TO ABIDE BY THE ORDER OF THE COURT EVEN IF IT IS NOT THE PARTY

18-JULY-ENG 1

RAJIV NAYAN AGRAWAL

BHABHUA---------------------------In an important verdict, Babhua Civil Court gave a decision saying that even if the registration department is not a party to any order of the court, it will be bound to accept the order of the court. If the court has given the order, the registration department cannot register the property.

Sub Judge III, Bhabhua Civil Court, Sunil Kumar canceled the letter (Letter No. 7035) issued on December 20, 2022 by the Assistant Inspector General of the Registration Department. In the letter it was instructed to all the registrar offices that if an order is passé by the court to maintain status quo regarding the disputed property and the department is not a party in it or no instructions were given to the department, the ban on registration will not be effective on the basis of the documents. This letter was issued regarding such cases in which an case in pending in the court between two people regarding disputed property and the registration department is not a party.

In such a case, if the court passes an order to maintain the status quo on the said disputed property and the party submits a certified copy of the order the court in the registration office, the stay on the registry of the said property will not be effective until the court order the department directly to maintain status quo. But the Sub-Judge III Bhabhua Civil Court, Sunil Kumar cancelled the said letter of the Alcohol Prohibition and Registration Department terming it illegal.

Ramvati Devi filed a case 899/2022 in the court of the Sub-Judge III Sunil Kumar regarding a land of Karaundia Mauza under Chainpur police station in Kaimur district and court banned the sale of the disputed land for three months by any party on September 13, 2023 but the then Sub-Registrar Bhabhua on November 16, 2023 registered the sale of the disputed land sold by the opposite party while Ramvati Devi who had filed the case, had submitted an attested copy of the order passed by the court prohibiting the sale and purchase of that land. The court considered the act as a direct violation of the order of the court. While hearing the matter further, the court rejected the letter of the Assistant Registration Inspector General considering it illegal and non-binding and warned it such mistake is made in future, a criminal case under the civil contempt can be initiated. The court also instructed the District Additional Registrar, Bhabhua not to repeat such mistake by citing this letter in future.