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Revenue Courts Lack Power To Declare : Chhattisgarh High Court
The has delivered a significant ruling defining the of revenue authorities in property disputes. In a comprehensive order, the Court held that even where a registered sale deed is alleged to have been executed in violation of , a lacks the to declare that deed .
Understanding the Dispute
The litigation, involving multiple consolidated petitions, centered on land originally granted by the through a to one Daya Ram. Upon the expiration of a statutory period, the land was eventually sold to the petitioners. Subsequent verification by revenue officials, including the and the , concluded that the land transfer violated Sections 158(3) and 165(7-b) of the , as no prior permission was obtained from the .
The consequently declared the and ordered the land to be re-recorded in the name of the . The purchasers challenged these orders, arguing that Revenue Courts had exceeded their legal jurisdiction.
Legal Conflict: Revenue Authority vs. Civil Jurisdiction
The central legal question was whether a , in the exercise of its administrative or revenue-based functions, has the power to interfere with a registered document of transfer.
Counsel for the petitioners argued that once a registered sale deed is executed, the process of cancellation falls strictly within the domain of the . The State, conversely, maintained that because the transfer itself was illegal under the Land Revenue Code, the revenue authority was justified in acting to protect State land.
The High Court Analysis
Presiding over the matter, Hon'ble Mr. Justice Amitendra Kishore Prasad clarified that the legislative framework governing property rights distinguishes clearly between and . The Court emphasized that when a document is registered under the , any challenge to its validity falls under .
Key Observations
The High Court underscored the finality of
, stating:
*
"It is a
that the power to grant a declaration setting aside the registered sale deed vests exclusively within the domain of the Civil Courts."
*
"The statutory power to adjudicate upon the validity of such a registered sale-deed belongs solely to the Civil Courts."
*
"This
cannot be taken over by the Revenue Courts for the purpose of declaring a registered sale deed
."
Final Order and Implications
The High Court of Chhattisgarh set aside the orders of the
to the extent that they declared the sale deeds
, asserting that such an action usurped the jurisdiction of the
. While noting that the State is not without a remedy, the Court clarified that the Government must seek
"appropriate recourse and remedies before a competent
in accordance with law"
if it intends to challenge these transactions.
This decision reinforces the sanctity of the registration process and ensures that property titles cannot be summarily annulled by administrative bodies, preserving the principle that questions of title and contract validity must resolve in the system.
