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GAUTAM KUMAR CHOUDHARY
Vinod Shankar Jha @ Binod Shankar Jha – Appellant
Versus
State of Jharkhand – Respondent
The legal judgment clearly establishes that the Registrar does not possess the authority to cancel a registered sale deed under the provisions of the Registration Act, 1908. The power to annul or cancel a registered instrument is not conferred upon the Registrar by the statute, nor can such power be delegated through an executive circular or order issued by the State Government. The scheme of the Registration Act limits the Registrar’s role to the pre-registration scrutiny and the refusal of registration under specific provisions, but it does not extend to post-registration cancellation of a deed, even in cases involving fraud or forgery (!) (!) (!) (!) .
Furthermore, the judgment emphasizes that any attempt to annul a registration or to revoke a registered deed must be carried out through a civil suit under the appropriate provisions of law, such as Sections 31 and 34 of the Specific Relief Act, 1961. Such civil proceedings are necessary to determine issues of fraud, title, and validity, and they provide a proper judicial forum for resolving disputes over property rights (!) (!) .
The judgment also underscores that the legal rights acquired through registration, including the transfer of title, are considered indefeasible once the registration is complete, unless annulled or declared invalid by a competent court through proper legal proceedings. The invocation of Section 21 of the General Clauses Act to annul or rescind a registered document or quasi-judicial order is not permissible once an indefeasible right has accrued (!) (!) .
Additionally, the Court held that executive orders or circulars issued without proper legislative backing or in contravention of statutory provisions cannot confer such powers on the Registrar. The executive power of the State, under constitutional provisions, is limited and cannot be used to override or bypass the statutory scheme governing registration and property rights (!) (!) .
In conclusion, the Court ruled that the circular issued by the State Government attempting to confer power of cancellation on the Registrar is unconstitutional and beyond the scope of the law. Consequently, all proceedings and notices initiated under such circular are invalid, and the parties seeking cancellation must pursue their remedies through civil courts. The writ petitions were allowed, and the impugned circular along with all actions taken under it were set aside (!) .
JUDGMENT
State of Jharkhand issued Circular No.16930 by the Secretary, Department of Revenue and Land Reforms, Government of Jharkhand, Ranchi. By this Circular, jurisdiction has been conferred on Deputy Commissioner-cum-Registrar for cancellation/annulment of sale deeds, and in exercise of this power, miscellaneous cases have been registered/notices issued/order of cancellation passed against the petitioners, who have moved this Court for quashing of such cases and notices issued against them.
2. This notification and the consequent miscellaneous proceedings initiated pursuant to it, are under challenge in these writ petitions.
3. In some of writ petitions, the notification has not been challenged, but the legality of the miscellaneous proceeding initiated for cancellation, or the order passed for cancellation by the Deputy Commissioner-cum-Registrar, is under challenge. As they all raise common question with regard to the power of the Registrar to cancel the registered deeds of conveyances, all these writ petitions are heard together and will be disposed of by common order.
4. The common question of law involved is that Registrar has power to cancel a registered instrument and ca
(1) Cancellation of sale-deed – Registrar has no power to cancel registered sale deed and State Government cannot by an executive order, confer such a power on Registrar.(2) Annulment of registration....
The Registrar does not possess the authority to cancel registered sale deeds, and such powers cannot be conferred by executive order, as this would infringe upon statutory provisions governing regist....
A vendor cannot unilaterally cancel a registered sale deed as it conflicts with property law principles; disputes must be resolved in civil court.
The Registrar of documents does not possess the authority to cancel registrations based on allegations of fraud or forgery without substantive evidence, and such matters must be resolved through civi....
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....
The court established that non-payment of sale consideration does not justify cancellation of registered Sale Deeds by Registration Authorities, which is a matter for civil courts.
The power to cancel a document under the Registration Act, 1908, is limited, and civil disputes should be adjudicated by the Competent Civil Court of law.
The Registration Authorities lack the power to cancel registered Sale Deeds for non-payment of sale consideration, as this is governed by substantive law and must be resolved in civil court.
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