IMPORTANT POINT
Circulars cannot be issued against provisions of law.

I.A. ANSARI, J.—The petitioner No. 1 is a society consisting of licensed deed writers, at Udaipur, South Tripura, and registered under the Societies Registration Act, 1860, with its head office, at Agartala, and the petitioner No. 2 is the Secretary of the said society. The petitioners have put to challenge, by making this writ petition, under Article 226 of the Constitution of India, the circular/order, dated 30.3.2011, issued by respondent No. 2, namely, District Registrar (Additional District Magistrate and Collector), Udaipur, South Tripura, as ultra vires and untenable in law. For the purpose of proper appreciation of the issues involved, the circular order, in question, is reproduced below:

“Government of Tripura Office of the District Registrar-South Tripura, Udaipur To,

The Sub-Registry Officer,

Udaipur/Amarpur/Belonia/Sabroom, South Tripura.

Subject.—Registration of Deed-thereof.

Sir,

It is reported that proper procedure is not followed while executing registration. As for example, a co-sharer of land is easily selling his land to buyer without presenting bantannama and such deed has been executed even without consent of all co-sharer.

2. That a seller not having possession of the land through R.O.R. is in his name is being allowed to execute the sale-deed inspite of the fact that the name of possessor is clearly mentioned in the R.O.R. and this type of khatian is not free from encumbranced.

In the light of the above, I am once again drawing the attention of all Sub-Registry Officers under South Tripura District to meticulously check all relevant documents and to follow proper procedure as prescribed by Rules, Act and instruction of the Government issued time to time. Some of the issues are being highlighted hereunder:-

(i) During the execution of sale-deed buyer and seller must be present.

(ii) Buyer and seller must present photo identity card.

(iii) Buyer must present relevant documents as regard to his citizenship/citizen of India.

(iv) Seller of the land must have and submit latest R.O.R. of the land (Khatian).

(v) Seller of the land must produce certificate from Tehesilder of the concerned T.K. regarding his/her clear possession over the land as well as certificate of free from encumbrances that the land is not hypothecated to any Bank/Society or to any person.

(vi) A land with multiple sharer must produce clear bantannama as to his share of land.

(vii) All other conditions laid down under Rules, Act and instruction of the Government issues time to time.

All Sub-Registry Officers of the District must exercise his power with utmost care and lapses on any part will be firmly dealt with law.

Yours faithfully,

(Sd/- Balin Debbarma)

Additional District

Magistrate and Collector)

South Tripura, Udaipur.”

2. I have heard Mr. A.K. Bhoumik, learned Senior Counsel, appearing on behalf of the petitioners, and Mr. B. Das, learned Senior Counsel, appearing for the respondents.

3. The questions, which arise, in the present writ petition, are:

Whether the District Registrar has the power to issue such a circular/order as the one under challenge in the present case and whether this Court shall sustain the directions, so issued by him, for compliance before a deed is registered? The answer to these questions really require a very close and dispassionate examination of each of the directions given by the impugned circular/order, dated 30.3.2011.

4. The first direction contained in Clause (i) requires that at the time of execution of a sale-deed, the buyer and seller must be present. This direction is wholly contrary to the scheme of the Registration Act, 1908 (in short, ‘the Registration Act’) inasmuch as Section 32 thereof makes it clear that a document, which is compulsorily required to be registered or a document, whose registration is optional, shall be presented at the proper registration office, by a person executing or claiming under the same, or, in the case of a copy of a lease or order, claiming under th