1. Heard Sri Agendra Sinha, learned counsel for the petitioner and Sri Raj Bux Singh, learned Additional Chief Standing Counsel through video conferencing.
2. For the order proposed to be passed notice to opposite party Nos. 3 and 4 is dispensed with.
2.Learned counsel for the petitioner submits that the opposite party No.3 executed sale deed dated 05.01.2021 in petitioner's favour. The opposite party No.3 applied for its registration before the opposite party No.2-Sub-Registrar, Nawabganj, Barabanki., for which date was fixed, but on that date the executor-opposite party No.3 did not appear, for registration, of the sale deed. Consequently, the petitioner has filed an application under Section 36 of The Indian Registration Act, 1908, requesting the Sub-Registrar, Nawabganj, Barabanki to summon the executor-opposite party No.3, so that the sale deed be registered. The petitioner's application was filed on 25.03.2021, but the opposite party No.2 has not passed any order thereon.
3. Under the aforesaid circumstances, the petitioner has approached this Court by filing writ petition for the following reliefs:
" A. Issue Writ, order or direction in the nature of Mandamus whereby directing the Sub Registrar, Nawabaganj, Barabanki to decide the application under Section 36 of Registration Act, contained as Annexure No. 11 of the petitioner within a period of two months, whereby registering the instrument (Sale Deed) in favour of the petitioner which was executed by Tasauwar Ali in favour of the petitioner on 05.01.2021.
B. Further this Hon'ble Court may also direct the Additional District Magistrate (Finance & Revenue), Barabanki i.e. Opposite Party No. 01 to extend the time of stamp paper dt. 30.12.2020 worth of Rs. 2, 13,000/- as per the provision of law.
C. Issue any other appropriate writ, order or direction in favour of the petitioners as the Hon'ble Court may deem fit in the circumstances of the case.
D. Award the costs of the petition to the petitioners."
4. To the above innocuous prayer, for direction to the opposite party No.2 to decide the petitioner's application under Section 36 of the Indian Registration Act, learned Additional Chief Standing Counsel has no objection.
5. In view of the above, without entering into merits of the application, it is provided that the opposite party No.2-Sub-Registrar, Nawabganj, Barabanki shall consider and decide the petitioner's application filed under Section 36 of The Indian Registration Act, 1908, (Annexure 11 to the writ petition) expeditiously and preferably within a period of two months from the date of production of copy of this order before the said autority, in accordance with law, by a reasoned and speaking order.
6. It is clarified that the court has not observed anything on the merits of the application under Section 36 of the Indian Registration Act.
7. So far as prayer "B" is concerned learned counsel for the petitioner prays that he does not press prayer "B" in the present petition and may be granted liberty to approach for the said prayer as and when the occasion/cause of action arises.
8. The petitioner is so permitted as regards prayer "B".
9. The petitioner is permitted to file the copy of this order, downloaded from the official website of the Allahabad High Court, before the authority concerned.
10. With the above observations/directions the writ petition is disposed of finally.
Order Date :- 25.5.2021 Arvind