Hon'ble Manish Kumar,J.
Heard learned counsel for the petitioner and learned State Counsel.
This petition has been filed seeking a direction to the Sub-Registrar, Sohawal, District -Ayodhya for registering a sale deed for which purpose an application bearing Application No.202100904000578 has been presented. The said application is said to have been presented Online on 28th of January, 2021 and the petitioner was required to be present for completing the formalities for registration on the appointed date i.e. 29th of January, 2021, however, when the petitioner went to the office of the Sub-Registrar, the registration of the sale deed was denied.
Learned State Counsel has received instructions from the District Collector/ District Magistrate, Ayodhya, which are contained as letter dated 06.02.2021. The said instructions are taken on record.
As per instructions annexed with the letter dated 6.2.2021 of the Collector / District Magistrate, Ayodhya, it is clear that the petitioner had filed On-line application for registration of the document but failed to appear in the Sub-Registrar's Office for Bio-matric and completing other formalities. The said fact, as observed above, is being denied by the petitioner; rather the submission is that on the appointed dated i.e. 29.01.2021, the petitioner presented himself to complete the formalities, however, the same was denied by the office of the Sub-Registrar.
Strangely enough in the narrative appended with the letter dated 6.2.2021, it has also been indicated that as per mandate of the State Government for developing various parking complexes to meet the future needs of parking vehicles of tourists coming to Ayodhya, District Collector, Ayodhya has sent a proposal on 5th of February, 2021 to the Director Tourism, Government of Uttar Pradesh for developing parking points.
The proposal sent by the District Collector, Ayodhya to the Director Tourism vide letter dated 5th of February, 2021 is also a part of the instructions, according to which Khasra Plot No.50 M is included in the said proposal for developing the parking spaces. The proposal further states that the land included in the said proposal shall be acquired by way of sale after the consent is received from its owners.
Merely because there is a proposal to develop parking on the land in respect of which sale deed is sought to be registered can not be a ground to deny the registration of the sale deed unless and until the land in question is acquired by adopting due process of law or it is purchased by the State Government through sale deed. The State, or for that matter any other authority, does not have any power to prohibit transfer of land and accordingly registration of sale deed in respect of such land which may be falling in proposed area for developing parking cannot be denied.
In the aforesaid view of the matter, this petition is allowed with the following directions:
(i) The On-line application said to have been presented by the petitioner for registration of the sale deed in question shall be considered by the Sub-Registrar concerned and for the purpose of Bio-matric and completion of other formalities the vendee and vendor both shall be present before the Sub-Registrar on 11.02.2021.
(ii) On 11.02.2021, accordingly, the formalities required for registration of the document in question shall be completed and if the same is found to be in order, it shall be registered in accordance with law.
This order shall be communicated to the District Collector, Ayodhya and also to the Sub-Registrar, Sohawal, District Ayodhya forthwith by the State Counsel without waiting for its certified copy.
Order Date :- 9.2.2021 S. Kumar