The registration of a sale deed for a small portion of agricultural land from a larger extent is not barred under Section 22A of the Registration Act, 1908.

ORDER

This writ petition has been filed challenging the impugned refusal check slip dated 19.03.2025 issued by the respondent.

2. The learned counsel for the petitioner would submit that in this case, initially, petitioner's vendor had acquired the agricultural land, to an extent of 61 cents, vide partition deed dated 25.05.2001. Out of the total extent of 61 cents, the subject property, comprising of 14 cents, was purchased by the petitioners vide sale deed dated 12.08.2022. Now, the petitioners are intend to sell the subject property to a 3^rd party and executed a sale deed dated 17.03.2025. When they presented the said sale deed for registration, it was rejected by the respondent, vide impugned refusal order dated 19.03.2025, on the ground that it is an unapproved plot, for which, there is specific bar in terms of Section 22A of the Registration Act, 1908 to register the sale deed pertaining to the said subject property.

3. However, by referring the Clarification dated 16.03.2020 issued by the respondent Department, he would submit that if a small portion of the land from a larger extent of agricultural land is sold out, the same would not be considered as a layout. In such case, the petitioner had purchased the subject property (14 cents) from a large portion of agricultural land (61 cents) and hence, it will not come under the category of unapproved plot. Therefore, the question of invoking the provisions of Section 22A of the Registration Act, 1908 , would not at all come into picture. However, without considering all these aspect, the respondent had refused to register the sale deed executed by the petitioner. Hence, this writ petition.

4. After taking instructions, by referring the Town and Country Planning Act and the provision of Section 22A of the Registration Act, 1908 along with other Rules and Regulations including G.O.Ms.78 dated 04.05.2017, the learned Government Advocate appearing for the respondent made elaborate submissions to substantiate the refusal of registration of petitioner's sale deed. However, after reading the Clarification dated 16.03.2020 issued by the Principal Secretary of Registration Department, he would fairly admit that if a small portion of the land from a larger extent of agricultural land is sold out, the same would not be considered as a lay out. Hence, he requests this Court to pass appropriate orders.

5. Heard the learned counsel for the petitioner and the learned Government Advocate appearing for the respondents and also perused the materials available on record.

6. The issue involved in this petition is as to whether the subject land can be sold and registered without attracting the provision of Section 22A of the Registration Act, 1908 .

7. In this case, initially, the petitioner had purchased the subject property comprising 14 cents of agricultural land, vide sale deed dated 12.08.2025, from his vendor, who had acquired 61 cents of agricultural land by virtue of partition deed dated 25.05.2021. When the petitioner intended to sell the said subject land by virtue of sale deed dated 17.03.2025, the respondent had refused to register the same vide impugned refusal order dated 19.03.2025, citing the reason that the subject land is an “unapproved plot” and thus, in terms of Section 22A of the Registration Act, 1908 , there is a specific bar in registering the sale deed pertaining to the subject land.

8. At this juncture, it would be apposite to extract the relevant provisions of Section 22A of the Registration Act, 1908 , which reads as follows:

22A. Refusal to register certain documents.

Notwithstanding anything contained in this Act, the registering officer shall refuse to register any of the following documents, namely:-

(1).................

(2) instrument relati