Krishna Devi & Anr vs The State Of Jharkhand Through The ...
2022 Latest Caselaw 1552 Jhar

         IN THE HIGH COURT OF JHARKHAND AT RANCHI
                    W.P.(C) No. 904 of 2022

     Krishna Devi & Anr.                           ...   ...     Petitioners
                                      Versus
     The State of Jharkhand through the Inspector General of Registration,
     Government of Jharkhand, Ranchi & Ors. ...       ...     Respondents
     CORAM: HON'BLE MR. JUSTICE RAJESH SHANKAR
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For the Petitioners : Mr. Rajeev Ranjan Tiwary, Advocate For the Respondent Nos.1 to 4 : Mr. Rakesh Kumar Roy, AC to GA-III

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03/18.04.2022 The present writ petition has been filed for quashing the order dated 11.01.2022 (Annexure-5 to the writ petition) passed by the respondent no. 3 - the Deputy Commissioner, Ranchi in Fraudulent Registration Case No. 41 of 2020-21, whereby the respondent no. 3 has erroneously annulled the deed of General Power of Attorney being Deed No. IV-974/63 dated 14.05.2019 and the sale deeds executed on the strength of the same being (1) Deed No. 1010 dated 24.05.2019 (2) Deed No. 1311 dated 11.06.2019 and (3) Deed No. 1281 dated 17.06.2019 respectively and has also directed the respondent no. 4 - the District sub-Registrar, Ranchi to lodge an FIR against the delinquent, which is arbitrary, unjust, unsustainable and without any authority in the eye of law. Further prayer has been made for quashing the circular as contained in memo no. 930 dated 21.09.2016 (Annexure-6 to the writ petition) issued by the Department of Revenue, Registration and Land Reforms, Government of Jharkhand, Ranchi, whereby it has erroneously been provided that the district sub-registrar has power to annul a document if on enquiry he finds that the said document is registered by impersonating the original owner, which is 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 and as such the same is unsustainable in the eye of law.

Notice.

Mr. Rakesh Kumar Roy, AC to GA-III, appears and waives notice on behalf of the respondent nos. 1 to 4. He prays for and is allowed four weeks' time to seek instruction and file counter affidavit.

Issue notice to the respondent no. 5 under ordinary process for which requisites etc. must be filed within one week.

At the request of the learned counsel for the petitioners, put up this case along with W.P.(C) No. 3876 of 2020 and other analogous cases.

(Rajesh Shankar, J.) Manish