Unilateral cancellation of a registered sale deed is illegal; only a civil court has the authority to cancel such documents.

Judgment :

A.C. Behera, J.

This writ petition under Article 226 and 227 of the Constitution of India, 1950 has been filed by the petitioner praying for directing the District Sub-Registrar, Cuttack (O.P. No.2) to delete the entry of the deed of cancellation bearing No.10391102394 dated 26.02.2011 (Annexure-4) from the register meant for issuance of Encumbrance Certificate in the office of the O.P. No.2 made against the entry of the Registered Sale Deed bearing No.10391101963 dated 18.02.2011 (Annexure-1), as the deed of cancellation bearing No.10391102394 dated 26.02.2011 (Annexure-4) is illegal.

2. The factual backgrounds of this writ petition, which prompted the petitioner for filing of the same is that, in order to transfer his some properties, the O.P. No.3 executed and registered a sale deed No.10391101963 dated 18.02.2011 (Annexure-1) in favour of the petitioner.

After registration of the said sale deed, the petitioner applied for mutation of the properties covered under that deed by filing Mutation Case No.1859 of 2011 and the said mutation case was allowed in his favour and after mutation, a separate R.o.R. was issued in respect of the said purchased properties in favour of the petitioner and thereafter, the petitioner came to know that, on dated 26.02.2011, the O.P. No.3 has cancelled the sale deed bearing No.10391101963 dated 18.02.2011 (Annexure-1) by executing and registering a deed of cancellation bearing No.10391102394 (Annexure-4) unilaterally. He (petitioner) also came to know that, the O.P. No.2 has made entry in the register meant for issuance of Encumbrance Certificate of his office against the properties covered under the sale deed bearing No.10391101963 dated 18.02.2011 (Annexure-1) about the cancellation of such deed through the deed of cancellation bearing No.10391102394 dated 26.02.2011 (Annexure-4).

For which, without getting any way, the petitioner filed this writ petition praying for directing the O.P. No.2 to delete the recordings/entries of the deed of cancellation bearing No.10391102394 dated 26.02.2011 from the register meant for issuance of Encumbrance Certificate in the office of O.P. No.2, which was made/entered in that register against the sale deed bearing No.10391101963 dated 18.02.2011 (Annexure-1), as the unilateral deed of cancellation bearing No.10391102394 dated 26.02.2011 (Annexure-4) is illegal.

3. I have already heard from the learned counsel for the petitioner, learned Standing Counsel for the State and learned counsel for O.P. No.3.

4. As per the rival submissions of the learned counsels of both the sides, the crux of this writ petition is,

“whether the deed of cancellation bearing No.10391102394 dated 26.02.2011 (Annexure-4) executed by the vendor of the sale deed bearing No.10391101963 dated 18.02.2011 i.e. O.P. No.3 unilaterally without the consent of the vendee thereof i.e. petitioner is legal and whether the District Sub-Registrar, Cuttack (O.P. No.2) has power, jurisdiction or authority under law to enter such cancellation deed in the register meant for issuance of Encumbrance Certificate in its office against the entries made relating to the properties covered under the sale deed bearing No.10391101963 dated 18.02.2011 (Annexure-1).”

5. The power, jurisdiction and authority of the Sub-Registrar like the O.P. No.2 on this aspect has already been clarified by the Hon’ble Courts and Apex Court in the ratio of the following decisions:-

(i) In a case between Government of Uttar Pradesh and others Vrs. Raja Mohammad Amir Ahmad Khan reported in AIR 1961 SC 787 , there is no express provision in the Registration Act, 1908 , which empowers the Registrar to recall such registration. Similarly, the power of the Inspector General is limited to do superintendence of Registration Offices and make rules in tha