IMPORTANT POINT
The Registrar does not possess the authority to cancel registered sale deeds, and such powers cannot be conferred by executive order, as this would infringe upon statutory provisions governing registration.

JUDGMENT :

Gautam Kumar Choudhary, J.

1. State of Jharkhand issued Circular No.16930 by the Secretary, Department of Revenue and Land Reforms, Government of Jharkhand, Ranchi. By this Circular, jurisdiction has been conferred on Deputy Commissioner-cum-Registrar for cancellation/annulment of sale deeds, and in exercise of this power, miscellaneous cases have been registered/notices issued/order of cancellation passed against the petitioners, who have moved this Court for quashing of such cases and notices issued against them.

2. This notification and the consequent miscellaneous proceedings initiated pursuant to it, are under challenge in these writ petitions.

3. In some of writ petitions, the notification has not been challenged, but the legality of the miscellaneous proceeding initiated for cancellation, or the order passed for cancellation by the Deputy Commissioner-cum-Registrar, is under challenge. As they all raise common question with regard to the power of the Registrar to cancel the registered deeds of conveyances, all these writ petitions are heard together and will be disposed of by common order.

4. The common question of law involved is that Registrar has power to cancel a registered instrument and can such power be conferred to cancel registered sale deed, that too by an executive order?

5. Sum and substance of the impugned notification is that in cases where execution of deed of conveyance has been obtained fraudulently by presenting forged document, Registrar shall have power of cancellation of such deeds. Such power can be exercised also, in case of execution of document by an imposter after an enquiry into the matter. Salient features of Circular No.930 dated 21.09.2016

i. All the complaints of fraudulent registration received by the Department is to be forwarded to the respective District Registrar who shall register the same in the register of complaints relating to fraudulent registration;

ii. After entering the complaints, the District Registrar shall issue notice to the executant of the documents and witnesses to appear for enquiry along with the complainant and he should also take witness of the registering officer;

iii. When the enquiry is completed following summary procedure and it is proved that the registration has taken place through impersonation, the District Registrar shall pass orders to that effect recording his findings and issue direction to the concerned registering officer to Lodge FIR against the concerned persons and also to make a note in the index-II of the document which was fraudulently registered to the effect that the registration was annulled as per the proceedings of the district registration, duly noting the details of the proceeding number and the said note shall have the same effect as prescribed under Section 49 of the Registration Act;

iv. After receiving the order of the District Registrar, the registering officer shall immediately Lodge FIR and make entries as stated above in the index without any loss of time;

v. The procedure prescribed is only to deal with fraudulent registrations done and it should in no way be construed to mean that registering authority shall go into the issue of deciding the title in case of rival claims on certain basis. District Registrar will concluded the enquiry within three months and if the parties are not appearing then two summons, ex-parte proceedings will be drawn.

6. The main question for consideration in the present case is

I. Can the Registrar cancel a registered instrument on the ground of fraud by impersonation?

II. Can the State Government issue executive order conferring power on a registrar to cancel registered instruments?

ARGUMENT ON BEHALF OF PETITIONER

7. The order of challenge to the said Circular proceeds on the ground that specific provision has been provided for cancellation of sale deed under Section 31 of the Specific Relief Act and it is settled law that sale deed cannot be cancelled by the Registrar without appropriate o