High CourtsSingle Bench(2013) 09 RAJ CK 0132

Chena Ram and Another vs Secretary, Department of Finance (Tax) and Another

Rajasthan High Court · Decided on 23 September 2013 · Citation: (2014) 1 WLN 214

HON’BLE JUDGES
Vineet Kothari, J
RESULT
Dismissed
CASE NUMBER
Civil Writ Petition No. 10272 of 2013

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Judgment

3 paragraphs · 382 words

Dr. Vineet Kothari, J.—The present writ petition has been filed by the petitioner for quashing the interim order passed by the Deputy Secretary, Finance (Revenue) dt. 11.07.2013 (Annex. 7), whereby in the territory of Sub-Registrar of Pachpadra and Jasol, the State Government has imposed temporary ban on the registration of the sale-deeds and conveyance deeds by the aforesaid order. Mr. Moti Singh, learned counsel for the petitioner submits that as per relevant rules, the State is bound to register such documents and cannot refuse to do so and the temporary stay imposed by them and, therefore, the same deserves to be quashed by this Court.

2.

On the other hand, Mr. G.R. Punia, AAG & Sr. Advocate submitted that looking to the mass scale bungling and forged documents produced for, such registration in the larger public interest, the State has considered it appropriate to imposed temporary ban subject to enquiry being held in the matter, and to protect the land belonging to poor Section of the SC/ST persons, which were being transferred to the persons belonging to general category, as they were deprived from their land holdings in illegal manner. He further submitted that the enquiry is likely to be concluded within a period of three months and thereafter appropriate orders would be passed by the State Government in this regard and, therefore, in such interim order passed by the authorities of the State Government require no interference in the writ jurisdiction under Art. 226 of the Constitution of India.

3.

Having heard the learned counsel for the parties, this Court is of the opinion that the interim order passed by the State Government does not require any interference by this Court, particularly in view of the fact that the State Government has done so as temporary measure to prevent the false and forged transactions in this respect and enquiry in this respect has already been instituted. Therefore, it is not considered appropriate case for interference in the writ jurisdiction of this Court. The writ petition is, accordingly, dismissed. If, however, the enquiry is not completed within the aforesaid assured period by the learned Additional Advocate General, the petitioner will be free to avail remedy again in accordance with law. A copy of this order be sent to the concerned parties forthwith.