The registration authority cannot refuse registration based on document interpretation, a power reserved for civil courts.

ORDER

W.M.P.No.8802 of 2026 filed seeking permission to the petitioners to jointly file a single writ petition is ordered subject to payment of separate Court fee.

2. Since no adverse orders are passed against the third respondent, notice to third respondent is dispensed with by this Court.

3. This writ petition has been filed challenging the impugned refusal check slip dated 27.01.2026 issued by the second respondent refusing to register the cancellation of Power of Attorney deed dated 27.12.2025 presented by the petitioners for registration on the ground that the earlier Power of Attorney deed executed by the petitioner is an irrevocable Power of Attorney deed and therefore, the said Power of Attorney deed cannot be cancelled.

4. The petitioners have challenged the impugned refusal check slip on the ground that by total non-application of mind to the fact that the second respondent cannot give his opinion on the merits of any document earlier executed by the petitioners and the said power is only vested with the civil Courts, the second respondent, by relying upon the conditions contained in the earlier Power of Attorney deed executed by the petitioners, has arbitrarily and illegally refused to register the cancellation of Power of Attorney deed dated 27.12.2025 presented by the petitioners through the impugned refusal check slip dated 27.01.2026.

5. Learned counsel for petitioners drew the attention of this Court to the earlier Power of Attorney deed executed by the petitioners and the cancellation of Power of Attorney deed dated 27.12.2025, which has been refused to be registered under the impugned refusal check slip dated 27.01.2026 and would submit that arbitrarily, by total non-application of mind, the second respondent has refused to register the cancellation of Power of Attorney deed dated 27.12.2025 by relying upon the clause in the earlier Power of Attorney deed executed by the petitioners, which stipulates that the Power of Attorney deed is irrevocable.

6. The registering officer cannot interpret a clause in a document in a particular way and such right is vested only with the civil Courts. In the case on hand, eight principals had executed the earlier Power of Attorney dated 24.07.2017 and out of the eight principals, now two principals viz., the petitioners herein had submitted the cancellation of Power of Attorney deed dated 27.12.2025 seeking to cancel the earlier Power of Attorney deed insofar as their interest alone is concerned. However, arbitrarily, in total non- application of mind to the settled legal position that the registering officer does not have any power to interpret any of the clauses in the Power of Attorney deed and his role is limited only to registration of document if the same is otherwise in order with regard to payment of stamp duty and registration fees, the second respondent, in the impugned order, has refused to register the cancellation of Power of Attorney deed dated 27.12.2025 on the ground that in the earlier Power of Attorney deed executed by the petitioners and others, there is a clause, which stipulates that the said Power of Attorney is irrevocable. The petitioners also categorically contend before this Court that the earlier Power of Attorney deed was also not supported by any consideration and therefore, it is revocable and it is also settled legal position that a Power of Attorney, not supported by any consideration, can be cancelled.

7. For the foregoing reasons, this Court is of the considered view that the second respondent, by total non-application of mind to the settled legal position, as stated supra, has erroneously refused to register the cancellation of Power of Attorney deed dated 27.12.2025 presented by the petitioners for registration. Therefore, the impugned refusal check slip dated 27.01.2026 issued by secon