Surendra Prasad Sharma vs State of Bihar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Pat) 152

PURNENDU SINGH, J.
CWJC Nos. 16140, 16145, 16189, 16192, 16369, 16500, 16563, 16640, 16672, 16673, 16683, 16684, 16686, 16687, 16688, 16713, 16719, 16720, 16740, 16995, 17149, 17202,
17289 of 2022
(30.1.2023)
Surendra Prasad Sharma & Anr.
(in 16140)
Chandeshwar Prasad Chaudhary
(in 16145)
Raj Kishore Bhakt (in 16189)
Jai Ram Pandey (in 16192)
Prakash Lal Srivastava (in 16369)
Hareram Pandit (in 16500)
Arvind Kumar (in 16563)
Janardhan Singh (in 16640)
Md. Ovaidullah (in 16672)
Ram Avdhesh Singh (in 16673)
Md. Mojahid Hussain (in 16683)
Ram Sagar Singh (in 16684)
Sanjay Kumar Singh (in 16686)
Mukesh Kumar (in 16687)
Subhash Dubey (in 16688)
Lalbabu Sah (in 16713)
Ashok Kumar Verma (in 16719)
Mushtaque Ahmad (in 16720)
Devi Lal Sah (in 16740)
Mojammil Hussain (in 16995)
Brahm Deo Prasad Kushwaha @ Brahm Deo Prasad (in 17149)
Anil Kumar @ Anil Prasad (in 17202)
Dinkar Prasad (in 17289)
vs.
State of Bihar & Ors. ... Respondents
(in all)

Advocates:
For the Petitioners: Mr. Ranjeet Kumar (in all).
For the Respondents: Mr. Pawan Kumar (A.C. To A.G.) (16140, 16145). Mr. Vivek Prasad (in 16189, 16192, 16369, 16672, 16677, 16684, 16713, 16740, 16995 (Gp 7); Mr. Vikash Kumar (16500, 16563, 16640, 16683, 16686, 16687, 16688, 16719, 16720, 17149, 17210, 17289 (Sc11).

Headnote:
Registration Act, 1908 – Section 68-A – Bihar Deed Writers Licensing Rules, 1996 – Rules 6, 9(e), 13, 15 and 21 – Prohibition of unlicensed person – Registration law governs documents rather than transactions – No violation of any terms of license was found in case of petitioners or other similarly situated licensees, who were in majority – A citizen has right to carry on profession, any occupation, trade or business subject to limitations – State cannot make discrimination between citizens who are qualified to carry on profession, trade or business – Power of State to raise revenue by levying taxes and fees should not be confused with power of State to prohibit or regulate trade or business in question. (Paras 29, 32 and 42)
Bihar Deed Writers Licensing Rules, 1996 – Rules 6, 9(e), 13, 15 and 21 – Registration Act, 1908 – Section 68-A – Prohibition of unlicensed person – High Court in exercise of its powers of judicial review cannot interfere with policy decisions of State unless same can be faulted on grounds of mala fide, unreasonableness, arbitrariness or unfairness – However, Additional Principal Chief Secretary, by exercising his pure will and whims, has exercised arbitrarily, capriciously and perversely by directing orally his sub-ordinates, Registrar and Sub-Registrar to restrain from accepting deeds presented in own writing of deed writers – Policy to allow model based registration in present case can be an aspect of reasonable restriction in interest of general public – Inspector General, Registration cannot at the same time direct Registrar and Sub- Registrar of District to restrain themselves from accepting deed prepared by deed writers as on date in absence of any Rules having framed in exercise of power under Section 69(1) in accordance with provisions of Section 68 (A) and 68(B) of Act – Until State comes with specific Rule for registration based on model deed and change terms and conditions of license, right of hundreds of deed writers cannot be defeated by rendering them redundant by not accepting hand written deed even there being no violation of any terms and conditions of license must not be further prohibited in any manner in presenting deed documents drawn in their handwriting for registration – Writ Petition allowed. (Paras 47, 52, 55, 58 and 59)

Purnendu Singh, J. – Heard Mr. Ranjeet Kumar, learned counsel appearing on behalf of the petitioners and Mr. Vikash Kumar, learned SC-11 for the State.

2. The petitioner has filed the present writ petition inter alia filed for following reliefs: –

“(i) For setting aside Clause 17 of Minutes of the Meeting Dated 21.10.2022 passed under the Chairmanship of the Additional Chief Secretary, Registration Excise and Prohibition Department, Government of Bihar, Patna, whereby General Slot of Registration through Deed Writters has been closed, in teeth of Section 68A & 68B of the Registration Act r/w The Bihar Deed Writers Licensing Rules, 1996 as also in gross violation and disregard of the Judgment Dated 17.09.2016 passed by this Hon'ble Court in CWJC No. 10973 / 2016, C.W.J.C. No.11384/ 2016 and analogous cases whereby the Hon'ble Court observed that so long as The Deed Writers License Rule 1996 is in force, the Deed Writers who have valid license cannot be restrained from writing documents for registration. (No formal order has been issued in the light of the said minutes of the meeting, but same has already been implemented throughout Bihar).

(ii) For that the respondents authorities be directed to stop the slot system (25 Deed for each Slot) created during Pandemic COVID 19, for the reason that all issued by the Department of Home, Government of Bihar, Patna has been withdrawn, but the authorities of the Registration Excise and Prohibition Department, Government of Bihar, Patna is following the Slot system arbitrarily and with a view to frustrate the interest of Licensee (Deed Writers) in teeth of the Judgment Dated 17.09.2016 passed in CWJC No. 10973/ 2016, C.W.J.C. No.11384/ 2016 and analogous cases.

(iii) For that the petitioners further prays that the Quota System for Online Registration and Registration through Deed Writers be withdrawn, as it is being used to remove the Deeds from discharging their right to work as Deed Writers, which is; indirectly if not directly, in teeth of the Judgment Dated 17.09.2016 passed in CWJC No. 10973/2016, C.W.J.C. No.11384/ 2016 and analogous cases, and further the quota system for online registration and registration through Deed Writers is unknown to the Registration Act, 1908 and Rule framed there.

(iv) For taking strict punitive action against the authorities of the Registration, Excise and Prohibition Department, Government of Bihar, Patna, who by hooks and crooks trying to frustrate the outcome of the Judgment Dated 17.09.2016 passed in CWJC No. 10973 / 2016, C.W.J.C. No.11384/ 2016 and analogous cases and even cheated and ditch this Hon'ble Court in M.J.C. No. 1355/2022.

(v) For issuance of Direction to the Respondents authorities to allow the petitioners to work as Deed Writer and his hand written documents as well as his Drafted and computerized Documents with his signature be accepted for registration in the light of the Judgment 17.09.2016 passed in CWJC No. 10973/2016, C.W.J.C. No.11384/ 2016 and analogous cases.

(vi) For any other relief/reliefs for which the petitioners may be deemed entitled to.”

3. Brief facts of the case are that an amendment was brought in The Registration Act, 1908 (hereinafter referred to as ‘the Act’) vide Registration (Bihar Amendment) Act, 1991 (Act 6 of 1991). Following sections were inserted after Section 68: –

“68-A Prohibition of unlicensed person. – (1) No person who is not licensed as provided under Section 68-B, shall engage himself in the profession of document writer and document drawn up and signed by a person who does not hold a license shall not be accepted for registration by the Registring Officers;

Provided that no advocate, pleader or mukhtar shall be required to have a license under 68- B.

(2) Nothing in this section shall prohibit an executant of document to draw up a document to be presented for registration or to do any other act for himself for which a licensed document writer could have been otherwise engaged.

(3) Nothing in this section s