LETTERS PATENT APPEAL 3869 of 2018 on 21 September 2004

1. The State of Bihar

2. The District Registrar, Bhagalpur, P.O. and P.S. and District Bhagalpur.

3. The District Sub- Registrar Bhagalpur P.O. and P.S. and District Bhagalpur.

4. Awadhesh Kumar Jhunjhunwala son of Late Radha Krishna Jhunjhunwalaresident of Sujaganj, D.N. Singh Road, P.S. Kotwali, District- Bhagalpur.resident of Sujaganj, D.N. Singh Road, P.S. Kotwali, District- Bhagalpur.

... ... Respondent/s

======================================================withLetters Patent Appeal No. 86 of 2020

InCivil Writ Jurisdiction Case No.3869 of 2018

1. The State Of Bihar.

2. The District Registrar, Bhagalpur, P.O. and P.S. Bhagalpur, DistrictBhagalpur, Bihar.Bhagalpur, Bihar.

3. The District Sub-Registrar, Bhagalpur, P.O. and P.S. Bhagalpur, DistrictBhagalpur, Bihar.Bhagalpur, Bihar.

... ... Appellant/s

Versus

Awadhesh Kumar Jhunjhunwala, Son of Late Radhe Krishna Jhunjhunwala,Resident of Sujaganj, D.N. Singh Road, P.O. and P.S. Kotwali, DistrictBhagalpur, Bihar.

... ... Respondent/s

Appearance :

(In Letters Patent Appeal No. 1195 of 2019)For the Appellant/s: Mr. Gautam Kumar Kejriwal, Advocate Mr. Mukund Kumar, Advocate Mr. Akash Kumar, Advocate Mr. Aditya Raman, Advocate For the State : Mr. Manish Kumar, Advocate AC to Ex AAG 6 (In-charge AAG 5)For Private Respondent : Mr. Shailendra Kumar Jha, Advocate (In Letters Patent Appeal No. 86 of 2020)For the Appellant/s: Mr. Mritunjay Kumar, AC to AAG 6For the Respondent/s: Mr. Wasi Ahmad Khan, Advocate

CORAM: HONOURABLE MR. JUSTICE P. B. BAJANTHRI

and HONOURABLE MR. JUSTICE S. B. PD. SINGHORAL JUDGMENT

(Per: HONOURABLE MR. JUSTICE P. B. BAJANTHRI)Date : 25-04-2025

LPA No. 86 of 2020 is filed by the State and LPA No.1195 of 2019 is filed by one Mr. Giridhar Kumar Jhunjhunwalawho is the own brother of Awadhesh Kumar Jhunjhunwala son oflate Radhe Krishna Jhunjhunwala. Deceased - Radhe KrishnaJhunjhunwala had executed gift deed in favour of AwadheshKumar Jhunjhunwala on 21.09.2004 and it was not registered inthe light of Registration Act 1908 (hereinafter referred to as ‘theAct, 1908’). For such registration of gift deed dated 21.09.2004, itwas presented in the month of October, 2015. On 04.11.2015, Sub-Registrar, Bhagalpur called upon Awadhesh Kumar Jhunjhunwalaand his father with registration charges and all. Obviously,deceased - Radhe Krishna Jhunjhunwala died on 29.09.2009,therefore, the same was not materialized, resultantly, AwadheshKumar Jhunjhunwala preferred CWJC No. 1487 of 2016 seekingwrit of mandamus for registration of gift deed dated 21.09.2004.

The same was disposed of directing the concerned authority toconsider grievance of Awadhesh Kumar Jhunjhunwala. He hadsubmitted representation on 12.10.2017 and it was rejected on09.12.2017. Resultantly, he had knocked the door of this Courtonce again in filing CWJC No. 3869 of 2018.

2. The learned Single Judge proceeded to pass order on19.04.2019 while quashing order dated 09.12.2017 and furtherdirecting registering authority to complete the registration of thedocument. Feeling aggrieved by the order of the learned SingleJudge dated 19.04.2019, the State has preferred LPA No. 86 of2020. Simultaneously, brother of Awadhesh Kumar Jhunjhunwalanamely Giridhar Kumar Jhunjhunwala preferred LPA No. 1195 of2019 in assailing the order of the learned Single Judge dated19.04.2019 on the issue of validity of gift deed and its registrationis under cloud and his right would affect in the event of givingeffect to the order of the learned Single Judge dated 19.04.2019.

3. Learned counsel for the appellants vehementlycontended that gift deed is dated 21.09.2004 and it is required tobe presented for registration under Section 23 of the Act, 1908within a period of four months. If time limit has elapsed, in thatevent they had a remedy before next higher authority underSection 25 of the Act, 1908 wherein next higher authority is empowered to extend further four months. If any adverse ordersare passed, in that event aggrieved person has further remedy offiling appeal before the appellate authority under Section 72 of theAct, 1908. Even if appellate authority passes adverse orders, inthat event, aggrieved person is entitled to invoke remedy of filingsuit under Section 77 of the Act, 1908. These legal issues have notbeen taken note of by the learned Single Judge. All these Sections23, 25, 72 and 77 of the Act, 1908 are mandatory in nature. In theimpunged order dated 09.12.2017 of the official State, it is crystalclear that Section 23 of the Act, 1908 has been taken note of andfurther there is a delay of about 11 years. These two issues havenot been apprised by the learned Single Judge. On these counts,the impugned order of the learned Single Judge dated 19.04.2019passed in CWJC No. 3869 of 2018 is liable to be set aside whileaffirming the order dated 09.12.2017 of the Sub-Registrar.

4. Per contra, learned counsel for the respondent -Awadhesh Kumar Jhunjhunwala could not answer or counter theaforementioned statutory provisions. In the light of these facts andcircumstances, appellants have made out a case so as to interferewith the learned Single Judge order dated 19.04.2019 and it is setaside while affirming the order of the Sub-Registrar dated 09.12.2017 which was the subject matter of CWJC No. 3869 of

2018.

5. Accordingly, both the LPAs are allowed.

(P. B. Bajanthri, J)

GAURAV S./-AFR/NAFRNAFR CAV DATEUploading Date02.05.2025Transmission Date (S. B. Pd. Singh, J)