The sale of a small portion of agricultural land from a larger parcel does not attract the registration restrictions under Section 22A of the Registration Act, 1908.

ORDER

This writ petition has been filed challenging the impugned refusal check slip dated 09.07.2025 issued by the respondent.

2. The learned counsel for the petitioner would submit that in this case, the petitioner had obtained the property to the total extent of 1.11 acres at 2.75 cents per acre, vide partition deed dated 22.04.2025. Now, the petitioner is intend to sell the subject property, comprising 2.75 cents and executed a sale deed dated 20.06.2025. When he presented the said sale deed for registration, it was rejected by the respondent, vide impugned refusal order dated 09.07.2025, 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. 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 from a large portion of agricultural land 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, 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 is sold out from a larger extent of agricultural land, the same would not be considered as a layout. 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 obtained the subject property vide partition deed dated 22.04.2025. When the petitioner was intend to sell the said subject land by virtue of sale deed dated 20.06.2025, the respondent had refused to register the same vide impugned refusal order dated 09.07.2025, citing the reason that 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 relating to the transfer of ownership of lands converted as house sites without the permission for development of such land from planning authority concerned;

9. A reading of the above would show that in terms of the aforesaid provision, the transfer of ownership of lands, which were converted as house sites without the permission for development of such land from planning authorities, cannot be registered.

10. In this case, according to the petitioner, the s