Patna High Court
Ahmar RahmanversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- ALOK KUMAR SINHA
Holding
The Court held that the order of the Writ Court had been complied with, so the contempt application was disposed, but the deed as presented will be treated as an accomplished deed for all times.
Summary
The petitioner, Ahmar Rahman, filed a contempt application alleging that the Sub‑Registrar, Phulwarisharif, willfully disobeyed the High Court order dated 23 July 2025 in CWJC No. 324 of 2018, which required delivery of an accomplished deed of registration within fifteen days. The Sub‑Registrar complied by registering the deed on 13 September 2025 and handing it over to the petitioner, but the petitioner objected to the manner in which the deed was prepared, claiming the first page was unnecessarily defaced. The Court examined the show‑cause statement and the annexed deed, noting that the substantive requirement of the earlier order had been fulfilled. While acknowledging the prima facie defect in the deed’s preparation, the Court treated the deed as an accomplished deed for all future purposes to avoid inconvenience to the petitioner. Consequently, the contempt application was disposed of, with a direction that the deed on record shall be considered valid.
Issues considered
- Whether the Sub‑Registrar’s compliance with the High Court’s order defeats the petitioner's contempt application.
- Whether the alleged defacement of the first page of the deed warrants any further judicial intervention.
Legislation cited
- Indian Stamp Act — s. 47A(1)
Subjects
- contempt of court
- civil writ jurisdiction
- registration of deed
- Indian Stamp Act
- defacement of document
- compliance with court order
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Miscellaneous Jurisdiction Case No.2976 of 2025
In
Civil Writ Jurisdiction Case No.324 of 2018
======================================================
Ahmar Rahman Son of Ashfaque Rahman Resident of Pent House, Federal
Plaza Apartment, Federal Colony, P.O. and P.S.- Phulwarisharif, District-
Patna.
... ... Petitioner/s
Versus
1. The State of Bihar.
2. Sri Thyagarajan SM, the Assistant Registration Inspector General, Patna
Division.
3. Ms. Arpana, Sub Registrar, Phulwarisharif, Patna, P.O. and P.S.-
Phulwarisharif, District- Patna.
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Raju Giri, Sr. Advocate
: Mr. Harsh Vardhan, Advocate
: Mr. Harsh Raj, Advocate
: Mr. Chetan Anand, Advocate
For the Opposite Party/s : Mr. Additional Advocate General 5
======================================================
CORAM: HONOURABLE MR. JUSTICE ALOK KUMAR SINHA
ORAL ORDER
4 13-02-2026 Heard learned Senior Counsel appearing for the
petitioner and learned counsel for the Respondent-State.
2. This application has been filed on behalf of the
petitioner for initiating contempt proceedings against the
opposite parties, alleging wilful and deliberate disobedience in
compliance of the order dated 23.07.2025 passed in CWJC No.
324 of 2018.
3. For ready reference, the operative part of the order
dated 23.07.2025 passed in CWJC No. 324 of 2018 is quoted
hereinbelow for needful:-
“12. For the reasons as stated
Patna High Court MJC No.2976 of 2025(4) dt.13-02-2026
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hereinabove, this Court finds that
the reference made by the Sub-
Registrar, Phulwarisarif, Patna
under Section 47A(1) of the
Indian Stamp Act on 02.11.2017
to the Assistant Inspector
General/Collector for
determination of proper market
value of the property in question
and the duty payable thereon
after the property stood
registered and sale deed stood
executed on 30.10.2017 is
completely illegal and without
jurisdiction and hence the
impugned order dated
22.04.2019 passed by the
Assistant Inspector General in
Case No.403 of 2017 (Annexure-
10 to the supplementary affidavit
filed by the petitioner) is hereby
quashed/set aside. Consequently,
Letter No.2468 dated 02.11.2017
(Annexure-1) issued by the
respondent no.2 as well as the
entire proceeding bearing Stamp
Duty No.403/ 2017 also stands
set aside and the respondent no.2
is directed to deliver the
accomplish deed of registration
of the subject land to the
Patna High Court MJC No.2976 of 2025(4) dt.13-02-2026
3/5
petitioner within 15 days from
the date of passing of this order.”
4. In compliance of the order dated 23.07.2025 passed
in CWJC No. 324 of 2018, the respondent no. 2, Sub-Registrar,
Phulwarisharif, Patna who is O.P. No. 3 in this case was
directed to deliver the accomplished deed of registration of the
said land to the petitioner within fifteen days from the date of
passing of the said order.
5. A show-cause was filed on behalf of O.P. No. 3 and
in the said show-cause, following statement has been made in
paragraph nos. 6 and 7 which is quoted hereinbelow for the
needful:-
“6. That in light of the order dated-
passed by the Hon'ble Court, the sale
deed of the petitioner which was
presented for registration vide token
no.- 8638/2017 has been registered on
13.09.2025 by the Sub-Registrar,
Phulwarisharif (Opposite Party No.-3)
bearing deed no.-8318, dated-
13.09.2025 (Annexure-A). However, this
shall be subject to the order passed by
the Hon'ble Court in L.P.A. No.-872 of
2025 which has been filed by the
opposite parties.
7. That the said document has been
handed over to the petitioner after the
Patna High Court MJC No.2976 of 2025(4) dt.13-02-2026
4/5
registration on 13.09.2025 Office
Receipt.”
6. Learned counsel appearing for the opposite party
further submits that the order passed by the Writ Court has been
fully complied with and the deed no. 8318 dated 13.09.2025 has
also been handed over to the petitioner and the petitioner in
proof of having received the same has also put his signature on
the deed, which has been brought on record by way of
Annexuere-B to the show-cause. It is, therefore, submitted by
learned counsel appearing for the opposite party that since the
order of the Writ Court has been complied with, nothing
survives in this contempt application and it be accordingly
disposed of.
7. Learned Senior Counsel appearing for the petitioner
does not dispute the above factual position but strongly objects
to the manner in which the deed of registration has been
prepared, almost defacing the first page of the deed of
registration.
8. Learned Senior Counsel, therefore, makes a
submission that taking note of the manner in which the deed of
registration has been prepared by the opposite party almost
defacing the first page of the deed of registration, an observation
be given by this Court that the deed of registration (Annexure-
Patna High Court MJC No.2976 of 2025(4) dt.13-02-2026
5/5
B) which has been brought on record for all times to come be
treated as accomplished deed of registration so that in future
there remains no confusion on this account.
9. Having heard both the parties, this case is disposed
of taking note of the fact that the order of the Writ Court has
been complied with as per the statement made by the O.P. No. 3
in paragraph nos. 6 and 7 of its show-cause, however the Court
acknowledges that the manner in which the deed of registration
has been prepared does, prima facie, indicate that the first page
of the deed of registration has been unnecessarily defaced,
which may cause inconvenience to the petitioner in future. It is,
therefore, observed that the deed of registration which has been
brought on record by way of Annexure-B to the show-cause for
all times to come will be treated as an accomplished deed of
registration of the subject land so that the petitioner does not
face any inconvenience in future on this account.
10. With the aforesaid observation and direction, the
present application is disposed of. All pending Interlocutory
Applications, if any, will be deemed to have been disposed of.
(Alok Kumar Sinha, J)
Gaurav Sinha/-
U
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