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 cancellation.

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 said Annexure-1 was registered on that day i.e. on 13.01.2021 before the Sub-Registrar, Khandagiri (O.P. No.2). After execution and registration of such power of attorney vide Annexure-1, the attorney holder thereof i.e. O.P. No.3 (SN Construction and Developer) did not develop the properties covered under the said Annexure-1 and also did not construct any building as per the terms of Annexure-1. For which, the petitioner revoked that Annexure-1 (Power of Attorney) and intimated about the same through a letter dated 18.04.2024 vide Annexure-2 to the O.P. No.3. Thereafter, the petitioner presented the deed of revocation/cancellation of the Annexure-1 before the O.P. No.2 (Sub-Registrar, Khandagiri) for registration, but the Sub-Registrar, Khandagiri (O.P. No.2) refused to register the said Annexure-1 assigning its reasons as per refusal Order No.762 dated 22.05.2024 vide Annexure- 4 as follows:-

“the said Annexure-1 is a sharing power. As it is a development power, it cannot be permissible for unilaterally cancel. So, the document is liable to be refused under Section 22-A(C) of the REGISTRATION ACT , 1908.”

3. On being dissatisfied with the above impugned order i.e. refusal Order No.762 dated 22.05.2024 (Annexure-4) passed by the Sub- Registrar, Khandagiri (O.P. No.2), the petitioner challenged the same preferring an appeal vide Registration Appeal No.9 of 2024 under Section 72 of the REGISTRATION ACT , 1908 before the Addl. District Magistrate- cum-Registrar, Khordha (O.P. No.1).

After hearing, the Addl. District Magistrate-cum-Registrar, Khordha (O.P. No.1) dismissed that Registration Appeal No.9 of 2024 of the petitioner as per its order dated 04.03.2025 (Annexure-5) and confirmed the order dated 22.05.2024 (Annexure-4) of the O.P. No.2.

4. On being aggrieved with the above impugned order dated 22.05.2024 (Annexure-4) passed by the Sub-Registrar, Khandagiri (O.P. No.2) as well as the order dated 04.03.2025 (Annexure-5) passed in Registration Appeal No.9 of 2024 by the Addl. District Magistrate-cum- District Registrar, Khordha (O.P. No.1), the petitioner challenged the same by filing this writ petition under Articles 226 & 227 of the Constitution of India, 1950 praying for quashing the said Annexure-4 & 5 passed by the Sub-Registrar, Khandagiri (O.P. No.2) and District Registrar, Khordha (O.P. No.1).

5. I have already heard from the learned counsel for the petitioner and the learned Standing Counsel for the State.

6. In order to assail the impugned orders vide Annexure-4 & 5 passed by the O.P. Nos.2 & 1 respectively, learned counsel for the petitioner relied upon the decision of the Apex Court between Thankamma George Vrs. Lilly Thomas and another in Civil Appeal No.6495 of 2023

7. The Sub-Registrar, Khandagiri (O.P. No.2) has refused to register the