Dr. Anil Kumar Burnwal vs The State Of Jharkhand Through The ...
2024 Latest Caselaw 1007 Jhar

Jharkhand High Court

Dr. Anil Kumar Burnwal vs The State Of Jharkhand Through The ... on 1 February, 2024

Author: Ananda Sen

Bench: Ananda Sen

IN THE HIGH COURT OF JHARKHAND AT RANCHI
            W.P.(C) No. 533 of 2021
1.    Dr. Anil Kumar Burnwal, S/o Late Banshi Modi aged about 45
years, R/o Sakin Subhash Chowk, Mouza Shyhamganj, Mohalla
Castors Town, P.O. & P.S. Deoghar, Dist- Deoghar.
2.    Rajesh Kumar, S/o Shankar Mandal, aged about 42 years, R/o
Sakin Mahalaxmi Nagar, Tapovan Road, Karnibad Deoghar, P.O. and
P.S. Kundla, Dist.- Deoghar.
3.    Nirmal Shah, S/o Mahadev Shah, R/o SakinLalpur, P.O.
Khurchuta, P.S. Bengaband, Dist. Giridih.
                                           ...   ...    Petitioner(s)
                                Versus
1. The State of Jharkhand through the Secretary, Department of
   Registration, Revenue and Land Reforms, Dist. Ranchi.
2. District Registrar cum Deputy Commissioner, Deoghar, Deoghar.
3. Sub-Registrar, Deoghar, Dist. Deoghar.
4. Pradeep Karmehey, Dist. Deoghar. ...          ...      Respondent(s)
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CORAM: SRI ANANDA SEN, J.

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For the Petitioner(s) : Mr. Diwakar Upadhyay, Advocate For the Respondent(s) : Mr. Prabhat Kumar, S.C. II

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Order No. 05: Dated: 1st February, 2024

1. The moot question which is to be decided in this writ petition is whether the Registrar can initiate a proceeding suo motu to cancel a registered sale deed.

2. The issue has already been decided by the coordinate Bench of this Court considering several judgment of the Hon'ble Supreme Court. It is well settled that a registered sale deed, which transfers title, cannot be unilaterally or suo-motu cancelled by the Registrar. The only remedy available is to approach the civil court for cancellation of the registered sale deed. The coordinate Bench of this Court in W.P.C. No. 3103 of 2020 Vinod Shankar Jha @ Binod Shankar Jha vs. State of Jharkhand and others has reiterated the aforesaid proposition and so also by this Court in W.P.(C) No. 3253 of 2021 in the case of Ajay Kumar Mitra Vs. State of Jharkhand and others.

3. The learned counsel for the State also admits the aforesaid proposition of law.

4. Considering the aforesaid legal issue, the order dated 11.01.2021 passed in Misc. Case no. 14/2020-21 by the District Registrar-cum-Deputy Commissioner, Deoghar is hereby quashed and set aside.

5. Accordingly, this writ petition is allowed.

(ANANDA SEN, J.) MM