Mukesh Nag & Others vs The State Of Jharkhand
2021 Latest Caselaw 2377 Jhar

                   IN THE HIGH COURT OF JHARKHAND AT RANCHI
                                 W.P.(C) No. 2358 of 2021
            Mukesh Nag & Others                                         ..... Petitioners
                                           Versus
            The State of Jharkhand, through the Secretary, Department of Revenue,
            Registration and Land Reforms, Government of Jharkhand, Ranchi & Others
                                                                        ..... Respondents
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CORAM HON'BLE MR. JUSTICE RAJESH SHANKAR

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            For the Petitioners:       Mr. Sumeet Gadodia
            For the State:             Mr. Shray Mishra, A.C to G.A-III
                                            -----


02/15.07.2021      The case is taken up through Video Conferencing.

Learned counsel for the petitioners submits that the required Court fee has

already been paid.

Office to verify the same and proceed accordingly.

The present writ petition has been filed for quashing the circular as

contained in memo No. 930 dated 21.09.2016 (Annexure-1 to the writ petition)

issued under the signature of the Secretary, Department of Revenue, Registration

and Land Reforms, Government of Jharkhand, Ranchi which according to the

petitioners, is wholly illegal and without jurisdiction and contrary to the settled

principles of law. Further prayer has been made for quashing the entire proceeding

of Fraudulent Registration Case No. 12/2020-21 initiated by the Deputy

Commissioner-cum-District Registrar, Ranchi including the notice dated 16.12.2020

(Annexure-3 to the writ petition) whereby on the basis of the complaint of the

respondent Nos. 4 to 6, the said proceeding has been initiated for cancelling the

registered sale deeds bearing Nos. 4380 & 4023 dated 17.08.2020 executed by the

petitioners in favour of RV Realities Private Limited. The petitioners have also

prayed for declaration to the effect that the action of the respondent authority in

issuing the notice dated 16.12.2020 to the petitioner No.1 is wholly illegal and

without jurisdiction.

Learned counsel for the petitioners submits that the Deputy Commissioner-

cum-District Registrar, Ranchi in the capacity of the District Registrar has no

jurisdiction to initiate a proceeding for cancellation of a sale deed under the

provisions of the Registration Act, 1908 [hereinafter referred to as 'the Act, 1908']. Hence, the entire proceeding of Fraudulent Registration Case No. 12/2020-21 is

illegal and without jurisdiction. Moreover, Sections 82 & 83 of the Act, 1908 do not

confer power to the District Registrar to cancel a duly registered sale deed. It is

further submitted that the circular as contained in Memo No. 930 dated 21.09.2016

issued by the Department of Revenue, Registration and Land Reforms, Government

of Jharkhand on the basis of which Fraudulent Registration Case No. 12/2020-21

has been initiated by the Deputy Commissioner-cum-District Registrar, Ranchi, is

also contrary to the judgment rendered by the Hon'ble Supreme Court in the case

of Satya Pal Anand Vs. State of Madhya Pradesh & Ors. reported in (2016)

10 SCC 767.

Learned counsel for the petitioner, on instruction, submits that the Deputy

Commissioner-cum-District Registrar, Ranchi has not yet passed the final order in

Fraudulent Registration Case No. 12/2021. Moreover, this Court has granted an

interim relief to the petitioners of the similar writ petitions led by W.P.(C) No.

3876/2020 in such cases in which the Deputy Commissioner-cum- District Registrar

had not passed the final order.

Mr. Shray Mishra, learned A.C to G.A-III appearing on behalf of the State-

respondents, though contests the argument of learned counsel for the petitioners

on merit, yet he does not dispute the fact that this Court has passed the interim

orders staying similar proceedings pending before the Deputy Commissioner-cum-

District Registrar. He, however, prays for and is allowed three weeks' time to seek

instruction and file counter affidavit on behalf of the State-respondents.

Issue notice to the respondent Nos. 4 to 6 by Registered Post with A/D as

well as by ordinary process for which requisites etc. must be filed within one week.

Put up this case along with W.P.(C) No. 3876/2020 and other analogous

cases.

In the meantime, further proceeding of Fraudulent Registration Case No.

12/2020-21, pending before the Deputy Commissioner-cum-District Registrar,

Ranchi, shall remain stayed.

Satish/-                                                             (RAJESH SHANKAR, J)