The court upheld that orders passed under unconstitutional sections of law are void and must be addressed in civil court proceedings.

O R D E R

This Writ Petition has been filed challenging the proceedings of the respondents 1 and 2 dated 14.06.2023 and 19.12.2022 respectively and quash the same and consequently restore the status quo ante as on

19.12.2022.

3. The learned counsel for the petitioner would submit that the impugned order dated 19.12.2022 was passed by the 2^nd respondent against the petitioner by invoking the provision under Section 68(2) of the Registration Act,1908(in short 'the Act'). Being aggrieved the petitioner filed an Appeal before the 1^st respondent and the said Authority vide order dated 14.06.2023 has upheld the order of the 2^nd respondent. The aforesaid orders are under challenge in this Writ Petition. Further, he would submit that this Court in the case of M.Kathirvel Vs. The Inspector General of Registration Department and others reported 2024 (4) CTC 769, has struck down the Sections 77-A and 68(2) of the Act holding that the same are unconstitutional and it has no retrospective effect and the registering authority has no power to cancel or invalidate the documents already registered and relegated the parties to the Civil Court and therefore in view of the same, any order passed under the aforesaid Acts has become null and void. He therefore prays to set aside the impugned orders.

4. The learned Special Government Pleader appearing for the respondents 1 and 2 as well as the learned counsel appearing for the 4^th respondent acceded the submissions made by the learned counsel for the petitioner.

5. Heard both sides. Perused the records.

6. Considering the submissions made by the learned counsel appearing on either side and in view of the aforesaid Judgment of this Court in M.Kathirvel Vs. The Inspector General of Registration Department and others reported 2024 (4) CTC 769, the order passed by the 2^nd respondent under Section 68(2) of the Act and the consequent order of the 1^st respondent dated 14.06.2023, confirming the order of the 2^nd respondent are liable to be set aside. Accordingly, the orders impugned herein are set aside. While setting aside the aforesaid orders, the parties are granted liberty to agitate their issue before the appropriate Civil Court, if so desired.

With the above observation, this Writ Petition is disposed of. No costs.