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2022 Supreme(Tri) 288
HIGH COURT OF TRIPURA AGARTALA
S. Talapatra, J.
Nikhil Tripura Deed Writers Welfare Association - Appellant
Versus
State of Tripura & Ors. - Respondents
WP(C) No. 352 of 2022
Decided On : 06-05-2022
Mr. S. Bhattcharjee, Mr. S. Noatia, Advocates, for the Petitioner; Mr. S. S. Dey, Advocate General, Mr. D. Bhattacharjee, GA, Mr. S. Saha, Advocate, for the Respondent
The court ruled that the offline registration system must be reinstated for unregistered deeds due to acknowledged technical deficiencies in the online system, ensuring all documents can be processed effectively until the upgrade is completed.
Headnote:(A) Registration Act - Registration of Deeds - Tripura Online Registration System (TORS) integrated with National Generic Document Registration System (NGDRS) - Issues with acceptance of various categories of deeds in the online registration system; technical deficiencies admitted by respondents affecting registrable instruments - Court directs re-introduction of offline registration for unaccepted categories until system upgrade is complete, ensuring obligations for data repository are met. (Paras 23-23(d))
(B) The court emphasizes that the digital system must be user-friendly and accessible for all users, particularly those unable to attend registration offices. (Paras 14, 23)
Facts of the case:
The petitioner, a deed writers' association, raises concerns over the NGDRS's inability to accept 25 categories of registrable deeds, causing harassment to users. The respondents acknowledge software issues leading to decreased functionality in the registration process.
Findings of Court:
The court directs the continuation of offline registration for certain categories until the online system is operationally stable, ensuring compliance with requisite documentation.
Issues: The primary issues involve the system’s inefficiency in registering deeds and the need for an offline alternative.
Ratio Decidendi: The court held that while digital registration is crucial, it must accommodate all registrable deeds until optimized, reflecting consensus from both parties on the necessity of appropriate measures.
Result: Writ petition stands disposed of with directions for immediate remedial actions.
| Table of Content |
|---|
| 1. deficiencies in online registration system. (Para 2 , 4 , 5 , 6 , 10 , 11 , 18) |
| 2. court's procedural comments and directions. (Para 3 , 12 , 23) |
| 3. court’s observations on registration process. (Para 8 , 14 , 16 , 20) |
| 4. responses from the state regarding technical issues. (Para 9 , 15 , 19 , 21 , 22) |
| 5. final conclusions and orders. (Para 24 , 26) |
JUDGMENT
1. Heard Mr. S. Bhattacharjee, learned counsel appearing for the petitioner. Also heard Mr. S. S. Dey, learned Advocate General and Mr. D. Bhattacharjee, learned GA assisted by Mr. S. Saha learned counsel for the respondents.
2. The petitioner is an association of Deed Writers whose profession is to write deeds and to assist the person intending any instrument to be registered.
3.This court records its appreciation the way the respondents have filed their reply within a shortwhile and the petitioner has filed the response in the form of rejoinder, as this Court on the day of issuing the notice had observed that the adjudication will be put to a fast track considering the nature of controversy.
4. The grievance that has been canvassed in this writ petition emanates from deficiency and improper functioning of Tripura Online Registration System (for short, TORS) which is integrated to National Generic Document Registration System (for short, NGDRS). According to the petitioner, the persons intending to get the registrable instruments registered are facing harassment. Twenty Five categories of registrable deeds are not being accepted by the online system of registration.
5. Even in Annexure 2 to the writ petition, the petitioner has repeated the details of shortcomings in the NGDRS software. The deeds, as provided in a tabular form, are facing processual bottlenecks.
6. Shortcomings in the NGDRS software in respect of the deeds as catalogued by the petitioner:
| 1. | Trust Deed |
| 2. | Deed of Declaration |
| 3. | Revocation of Trust |
| 4. | Deed of Agreement |
| 5. | Deed of Amalgamation |
| 6. | Rent Agreement (Agreement to lease deed) |
| 7. | Deed of Sale (Conveyance Deed of movable property) |
| 8. | Deed of Cancellation |
| 9. | Cancellation of Power of Attorney |
| 10. | Cancellation of Lease Deed |
| 11. | Cancellation of WILL |
| 12. | Cancellation of Rent Agreement |
| 13. | Cancellation of Agreement (cancellation of sale cum agreement) |
| 14. | Dissolution of Partnership Deed |
| 15. | Corrigendum of Partnership Deed and WILL |
| 16. | Release Deed |
| 17. | Mortgage Deed |
| 18. | Promissory Note Deed |
| 19. | Execution of Special Power of Attorney |
| 20. | Developer Agreement |
| 21. | Allocation of Agreement Deed |
| 22. | Supplementary Deed |
| 23. | Deed of Correction/ Rectification Deed |
| 24. | Deed of Adoption |
| 25. | Deed of Exchange |
7. The petitioner has averred their experience by way of rejoinder.
8. In para 5, the respondents have admitted that there are technical issues in the software and the process is temporarily not operational. However, the matter has been taken up by NIC, Pune the developer of NGDRS software, through NIC, Agartala and hopefully it will be regularized shortly.
9. In the rejoinder, the petitioner has further added that the respondents have stated that it is not correct that 25 categories of deeds can be registered and hence, the statement relating to operability by the respondents is unreliable. However, the respondents have admitted unambiguously that there are 13 deeds which cannot be processed through the system for registration.
10. The petitioner has controverted that statement of the respondents by stating that the format of the trust deed as has been incorporated in the software, is defective. Similarly, the deed for revocation of the trust has not been formatted and the due stamp duty has not been configured. It is mentioned similarly against the release deed. There are many other defects in the software.
11. It is further submitted that except those 13 categories of deeds, 12 categories of other deeds have been referred to NIC, Pune but the software has n
