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IN THE HIGH COURT OF DELHI AT NEW DELHI
Mini Pushkarna, J.
Smt. Alka Goel – Appellant
Versus
The State Govt of NCT of Delhi & Ors. – Respondents
W.P. (C) 10251 of 2021
Decided On : 20-03-2023
Registration Act, 1908 - Sale Deed - Dismissal of writ petition due to availability of alternative remedy under Section 77
Fact of the Case:
The Sub-Registrar VI-E refused to register the Sale Deed presented by the petitioner. The petitioner filed an appeal which was dismissed, leading to the filing of the writ petition. The court recorded that the writ petition would not be maintainable due to the availability of an alternative remedy under Section 77 of the Registration Act, 1908.
Finding of the Court:
The court dismissed the writ petition as withdrawn, as the petitioner decided to seek appropriate legal remedy available under Section 77 of the Registration Act, 1908.
Issues: Availability of alternative remedy under Section 77 of the Registration Act, 1908
Ratio Decidendi: The court found that the writ petition was not maintainable due to the availability of an efficacious alternative remedy under Section 77 of the Registration Act, 1908.
Final Decision: The writ petition was dismissed as withdrawn.
JUDGMENT
[Physical Hearing/Hybrid Hearing]
Mini Pushkarna, J. (Oral)--By order dated 18.12.2020, Sub-Registrar VI-E had refused to register the Sale Deed presented by the petitioner herein. Aggrieved by the same, petitioner herein had filed an appeal before the Court of Deputy Commissioner/Register (North), Government of NCT of Delhi, being Appeal No. 761/DM/N/2021/1054-56 under Section 72 of the Registration Act, 1908. The said appeal came to be dismissed vide order dated 06.09.2021, against which the present writ petition has been filed.
2. On the last date of hearing, this Court had recorded that the present petition would not be maintainable since an efficacious alternative remedy is available for filing civil suit under Section 77 of the Registration Act, 1908, against order of the court of Deputy Commissioner/Registrar (North), Government of NCT of Delhi passed under Section 72 of the Registration Act, 1908.
3. Today, ld. Counsel for petitioner submits that in view of the aforesaid law position, he would withdraw the present writ petition and would seek appropriate legal remedy, as available.
4. In view thereof, the present writ petition is dismissed as withdrawn.
Availability of alternative remedy under Section 77 of the Registration Act, 1908
The main legal point established in the judgment is that the refusal of registration of a document can be challenged through the remedy provided under Section 77 of the Registration Act, 1908, and th....
The registering officer has no authority to withhold a registered document after the completion of the registration process, and any refusal must be based on clear legal grounds.
The Registrar's decision under the Registration Act is summary in nature and limited in operation, and the Registrar's jurisdiction is narrower compared to the plenary jurisdiction of the Civil Court....
The registering authority must register a deed if all legal requirements are met, regardless of third-party objections regarding title, reaffirming the administrative role of the registration process....
Parties must pursue statutory remedies available under the law before seeking Writ relief.
Pendency of civil suit without injunction does not bar document registration; refusal order must be speaking and follow natural justice.
Mere pendency of civil suit does not bar document registration absent injunction; orders must be speaking and follow natural justice.
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