Ajay Kumar Goyal v. District Registrar A. D. M. , Finance
2002-12-18
P.C.VERMA
body2002
DigiLaw.ai
JUDGMENT P.C. Verma, J. 1. This petition has been filed by the petitioner seeking writ of mandamus to command the respondent No. 1 District Registrar, Dehradun, under the Indian Registration Act to decide the application dated 3rd July, 1998, for recall of the order dated 5.4.1995, by which the District Registrar directed the Assistant Registrar to register a document titled as agreement for sale. This order was passed by the District Registrar on the application by the person in whose favour the said document was sought to be executed. After three years, recall application has been moved by the petitioner when he came to know through a notice issued to him on a suit for specific performance of the contract based on the said document, i.e., "agreement to sale". 2. Any provision under the Registration Act has not been brought to the notice of this Court that once a document is registered, the District Registrar or Assistant Registrar has power to cancel the said document which will be ultimate result of this case, if the recall application of the petitioner is allowed. 3. Therefore, in my opinion, application for recall itself is misconceived. The petitioner is not remedy-less. He has remedy by way of filing a suit for cancellation of said document which he may avail. 4. For the reasons recorded above, I do not find it a fit case in which a mandamus can be issued to respondent No. 1 for disposal of application for recall. 5. The petition is dismissed accordingly.