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IN THE HIGH COURT OF ORISSA AT CUTTACK
A.C.BEHERA
Manoranjan Biswal – Appellant
Versus
Addl. District Magistrate-cum District Registrar – Respondent
| Table of Content |
|---|
| 1. writ petition filed challenging registration orders. (Para 1 , 2 , 3 , 4) |
| 2. arguments presented regarding orders. (Para 5 , 6) |
| 3. legal reasoning against unilateral cancellation. (Para 7 , 9 , 10 , 12) |
| 4. no provision for unilateral cancellation in annexure-1. (Para 11) |
| 5. writ petition dismissed on merits. (Para 13 , 14) |
JUDGMENT :
A.C.BEHERA, J.
1. This writ petition under Articles 226 & 227 of the Constitution of India, 1950 has been filed by the petitioner praying for quashing the Order No.762 dated 22.05.2024 (Annexure-4) passed under Section 22-A(c) of the REGISTRATION ACT , 1908 by the Sub-Registrar, Khandagiri (O.P. No.2) as per Section 71 of the REGISTRATION ACT , 1908 and the order dated 04.03.2025 (Annexure-5) passed in Registration Appeal No.9 of 2024 under Section 72 of the REGISTRATION ACT , 1908 by the A.D.M.-cum-District Registrar, Khordha (O.P. No.1).
2. The factual backgrounds of this writ petition, which prompted the petitioner for filing of the same is that, the petitioner executed a power of attorney vide Annexure-1 on dated 13.01.2021 in respect of the properties covered therein in favour of the O.P. No.3 (SN Construction and Developer) and the s
Unilateral cancellation of a registered development agreement-cum-General Power of Attorney is impermissible under the Registration Act, requiring mutual consent between parties for valid cancellatio....
A General Power of Attorney can be revoked unless coupled with interest, and unilateral cancellation by the principal is permissible if the agency lacks such interest.
Unilateral cancellation of registered deeds is not permissible without consent from all parties involved, ensuring adherence to principles of natural justice under the A.P. Registration Rules.
The main legal point established in the judgment is that the Registering Authority has no power to unilaterally cancel a settlement deed, and such unilateral cancellation is void and non-est in law.
A writ petition is not maintainable to challenge the registration of a cancellation deed executed unilaterally by the settlor of a settlement deed. The proper remedy for the aggrieved party is to fil....
A registered Agreement of Sale-cum-GPA cannot be unilaterally cancelled.
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