Court No. - 39
Case :- WRIT - C No. - 18161 of 2019 Petitioner :- Digvijay Singh And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Sharad Malviya Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Piyush Agrawal,J.
Heard Sri Sharad Malviya, learned counsel for the petitioners and Smt. Kritika Singh, learned Additional Chief Standing Counsel for the respondents.
The petitioners in the writ petition are seeking quashing of the order dated 02.05.2019 whereby the Sub-Registrar under the orders of the Inspector General (Registration) has enquired into the matter of registration of the sale deed dated 27.02.1967 and in the course of his enquiry he has recorded a finding that the said document was never presented for registration and by the impugned order he has sought permission from the Inspector General (Registration) for lodging an F.I.R. against the concerned person.
According to the petitioners they purchased the plot no.62 area 1 acre, 39 decimal and plot no.61 area 51 decimal from one Shyam Sunder Sharma through a registered sale deed dated 27.02.1967 and ever since they are in possession of the same. It is also stated that the heirs of Shyam Sunder Sharma executed a sale deed in favour of some other persons and therefore, the petitioners filed a suit for permanent injunction restraining the defendants of the other suit from disturbing the peaceful possession.
In the meantime a complaint was made before the Inspector General (Registration) Varanasi with regard to the sale deed dated 27.02.1967 upon which the Inspector General (Registration) directed the Sub-Registrar, Sadar-II, Varanasi to hold an enquiry into the matter and submit its report. It is this report dated 02.05.2019 which is impugned in the present writ petition. In this report the Sub-Registration has recorded a finding that the sale deed of 27.02.1967 was never presented for registration and therefore, he has sought permission from the Inspector General (Registration) for lodging an F.I.R. against the concerned person.
Learned counsel for the petitioners submits that this finding of the Sub-Registrar would frustrate his suit for permanent injunction.
In our opinion, the enquiry held by the Sub Registrar is in pursuance of the direction given by the Inspector General (Registration) and he has sought permission for lodging an F.I.R. against the guilty person and therefore sitting on the civil side we cannot interfere with the impugned order whereby permission has been sought for lodging an F.I.R.
The writ petition is accordingly dismissed. Order Date :- 30.5.2019 N Tiwari