Ramalingam Sudhakar, CJ. - Heard Mr. M.Rakesh, learned counsel for the petitioner No.1 and Mr. B.R.Sharma, learned counsel for the petitioner No.2. Also heard Mr.N.Kumarjit, learned Advocate General, Manipur, for the State respondents.

[2] The prayer in this PIL are as follows:-

'i) to admit this Writ petition and issue rule Nisi;

ii) to issue a writ in the nature of certiorari or any other appropriate writ or order for quashing the impugned order dated 17th July, 2019 (Annexure-A/1) issued by the Secretary & Commissioner (Revenue), Government of Manipur, which was issued beyond its competency;

iii) in the interim pending disposal of the present writ petition, to pass an order for suspending/staying the impugned order dated 17th July, 2019 (Annexure-A/1) till the disposal of the Writ Petition for the ends of justice and to protect the rule of law;

iv) to pass any other/further order/writ/directions, which the Honble Court may deem fit and proper in the facts and circumstance of the case.'

[3] The impugned proceeding dated 17th July, 2019, Annexure-A/1 reads as follows:-

'Annexure-A/1

GOVERNMENT OF MANIPUR

SECRETARIAT : REVENUE DEPARTMENT

ORDERS BY THE GOVERNOR

IMPHAL the 17th July, 2019

No. 16/16/2019-R(SALE DEED) In pursuance of the decision of the State cabinet taken on 27/06/2019 to regulate the transfer of land property, the Governor of Manipur is pleased to constitute a Screening Committee with the members as below:-

1.

Commissioner/Secretary, Revenue

Chairperson

2.

Commissioner/Secretary, MAHUD

Member

3.

Commissioner/Secretary, Agriculture

Member

4.

Inspector General of Police (Int.)

Member

5.

Director, Ecology and Environment

Member

6.

Director, MARSAC

Member

7.

Deputy Commissioner (concerned)

Member

2. The Committee shall meet at such frequent intervals as required to scrutinise the proposals submitted by the Sub-Registrar, based on the information and documents placed before it and make suitable recommendations. Any registration shall be caused only after obtaining due recommendations. The Revenue Department shall maintain all records and proceedings of the Committee.

3. The Governor of Manipur is further pleased to order that henceforth no transfer of landed property shall be registered by any office of the Government of Manipur, who have been authorised/ empowered for such registration, without the approval of the Committee constituted above. This order shall come into force with immediate effect.

By orders in the name of Governor

Sd/-

(H. Gyan Prakash)

Secretary & Commissioner (Revenue)

Government of Manipur'

[4] This was challenged primarily stating that it is contrary to the Registration Act and Rules. The Court, on prima-facie consideration, admitted the PIL and passed the following order on 21.8.2019 as under:-

' PIL NO. 36 of 2019

Wahengbam Chandrakumar . Petitioner

- Versus

State of Manipur & ors. .... Respondents

BEFORE

HONBLE THE CHIEF JUSTICE

HONBLE MR. JUSTICE KH.NOBIN SINGH

For the Petitioner :: Mr. M.Rakesh, Advocate

For the Respondents :: Mr.N.Kumarjit, AG

Date of Order :: 21.8.2019

O R D E R

R.S., CJ.

There is a note dated 20th August, 2019 submitted by the Joint Secretary (Revenue), Government of Manipur stating that there is no specific instruction to the Sub-Registrar not to accept documents for registration. However, the reasons for issuing the impugned dated 17.7.2019 is to avoid forged, fraudulent and fake registration of documents and also to check unaccounted money being transacted in the name of registration of properties. This is also to ensure that payment is made through the banking channel and ensure transparency in the registration department. It is pleaded that the provision of the Registration Act is sought to be implemented as it will increase the inflow of finance into State by way of registration fee, stamp duty collection.

In this regard, Mr. N.Kumarjit, learned Advocate General submitted that suitable modifications are contemplated by the Secretary/ Commissioner, Revenue Department to incorporate essential features in the order dated 17.7.2019. He stated that the Government may either modify, recall or reissue the order with suitable modifications so as to ensure proper safeguard against registration of fake or forged sales, payment of money other than through banking channel and also to ensure identity of the vendor and vendee., etc.

We have taken note of the above. At request of learned Advocate General, we adjourn the matter to 18.9.2019 for getting suitable instruction in this regard.

In the meanwhile, the order dated 17th July, 2019, in so far as it imposes the following condition ' Any registration shall be caused only after obtaining due recommendation.' shall remain stayed as it, prima facie, appears to be not authorised by law.

A copy of this order be issued to learned Advocate General, Mr. M.Rakesh, learned counsel for the petitioner.

List on 18.9.2019.

JUDGE CHIEF JUSTICE

Opendro(rt)'

[5] Notice was already issued and learned Advocate General took notice on behalf of the state and no affidavit has been filed so far. However, today when the matter is taken up, learned AG produces a Gazette notification No.294 dated 27.11.2019 issued by the Government of Manipur, (Notification dated 23rd November, 2019). The notification is in relation to Manipur Regulation of Sale Deed Registration Rules, 2019 and the same reads as below:-

'EXTRAORDINARY

PUBLISHED BY AUTHORITY

No.294 Imphal, Wednusday, November 27, 2019 (Agrahayana 6, 1941

GOVERNMENT OF MANIPUR

SECRETARIAT: REVENUE DEPARTMENT

NOTIFICATION

Imphal, the 23rd November,2019

No. 16/16/2019-R(Sale Deed): In exercise of the powers conferred under Section 69(i)(j) of The Registration Act, 1908 the Inspector General of Registration hereby makes the following rules namely:

SHORT TITLE AND COMMENCEMENT

(a) These rules may be called the Manipur Regulation of Sale Deed Registration Rules 2019

(b) This Rules shall come into effect from the date it is published in the Official Gazzette.

1. The Sub-Registrar should be satisfied that the following conditions are met before a transfer of immovable property is allowed to be registered;

(a) The identity and ownership of the 'vendor' is established beyond doubt.

(b) In case the land records of the property has not been computerized, then the reason are to be ascertained.

(c) The identity of the 'vendee' is established beyond doubt. The financial ability of the 'vendee' also needs to be ascertained to prevent 'Benami' transaction and acquisition of the property by people inimical to the security of the nation.

(d) Section 269ST of the Income Tax Act limits cash transaction to Rupees two lakhs (Rs. 2,00,000/-) for a single event. In pursuance of this provision, the Sub-Registrar should collect the PAN and Bank details of the both 'vendor' and 'vendee'.

(e) Section 152 of the Manipur Land Revenue and Land Reforms Act, 1960 prohibits Fragmentation. Therefore, no registration of deed violation this provision is to be allowed.

(f) Section 136 of the Manipur Land Revenue and Land Reforms Act, 1960 limits the land that can be owned dy an individual or a family. Sub-Registrars should confirm that this provision is not violated before any registration is allowed.

2. In case the Sub-Registrar is unable to confirm anyone of the details above, then the matter should be referred to the District Registrar, who in turn shall confirm the details in consultation with District head of the Police, Agriculture and Income Tax.

3. If the District Registrar is also unable to confirm details then it would be referred to the Committee constituted by the Government for the purpose.

4. If the details as listed in 1 above are confirmed, then the registration may be allowed provided that the transacted or amount paid for sale of property is at least 150% of the Minimum Guidance Value (MGV), which was notified in 2012, in case of the land with Kutcha house and 200% of MGV in case of the landed property with pucca (RCC) building and at-least 300% of the MGV in case of the land with 4 stories or more with RCC structures.

5. Any sale deed registered involving transactions above Rupees two lakhs should be either done by account to account transfer or by cheque. The Transaction Reference Number in case of account transfer or the details of the cheque are to be incorporated in the sale deed alongwith a photocopy of the cheque.

6. The above conditions shall however not apply in case registration of transfer of property necessitated due to purchase of land by State/ Central Government from the land owners for taking up development projects and cases of registration for transfer of property within the 'family' as defined in the MLR&LR Act i.e. seller/ vendor and buyer/ vendee are from the same 'family'.

Sd/-

TH. GOPEN MEITEI

Commissioner (Revenue)

Government of Manipur'

[6] The substantial issue which has been raised in the PIL become redundant and infructuous in view of the Manipur Regulation of Sale Deed Registration Rules, 2019, which has been gazetted on 27th November, 2019 and therefore, the same will apply in so far as Registration is concerned and consequently, the impugned proceeding dated 17th July, 2019, Annexure- A/1 will have no legal basis . The respondent authorities are bound by the new rules as above.

[7] In view of the subsequent proceeding (i.e.) 2019 rules in notification dated 23rd November, 2019 gazetted on 27th November, 2019, the impugned proceedings are set aside. This PIL is disposed of as above.