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Allahabad High Court · body

2009 DIGILAW 3468 (ALL)

GOURAV KUMAR v. STATE OF U. P.

2009-11-11

AMITAVA LALA, ASHOK SRIVASTAVA

body2009
JUDGMENT Honble Amitava Lala, J.—This writ petition is made challenging the order passed by the Sub Registrar, respondent No. 2 herein returning the applications filed by the petitioners under Rule 13(3) of the U.P. Hindu Marriage Registration Rules, 1973 holding that the application of the petitioner is not covered under such Rule. 2. We have gone through the Rule 13(3) of the U.P. Hindu Marriage Registration Rules, 1973 which is as follows : "13(3). Where an objection to any application for registration is received by a Sub-Registrar, he shall refer the same to the Registrar of the district, who shall decide the same as also objections received by him after hearing the parties affected thereby and his decision shall subject to any decree or order of a competent Court be final, in so far as the question of action on the application for registration is concerned." 3. It appears from such Rule that where an objection to any application is received, he shall refer the same to the Registrar of the District who shall decide the matter, meaning thereby that there is no power with the Sub-Registrar to consider the case and he has to refer the matter to the Registrar for deciding the objection, if any. 4. Apart from that the total power of superintendence is lying with the Registrar under Rule 14 therein. We have also gone through Section 21 of the General Clauses Act, 1897 and also the U.P. General Clauses Act, 1904 which are as follows : Section 21 of The General Clauses Act, 1897. “Power to issue, to include power to add to, amend, vary or rescind, notifications, orders, rules or bye-laws.—Where, by any (Central Act) or Regulations, a power to [issue notifications,] orders, rules, or bye-laws is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and condition (if any), to add to, amend, vary or rescind any [notifications,] orders, rules or bye-laws so [issued].” Section 21 of The U.P. General Clauses Act, 1904. “Power to make to include power to add to, amend, vary or rescind [statutory instruments].—Where, by any [Uttar Pradesh] Act, a power to issue [statutory instruments] is conferred, then that power includes a power, exercisable in the like manner and subject to the like sanction and conditions (if any), to add, amend, vary or rescind any [statutory instruments], so issued.” 5. Such Section says that authority who has power to issue has a power to amend, vary or rescind any such order which has been passed by the authority. Therefore, the stand of the Sub-Registrar is wholly misconceived in nature and, therefore, the order is struck down. 6. However, for all practical purposes, the matter is referred back to the Registrar directly under the order to pass appropriate order without being representing through the Sub-Registrar due to long lapse of time and the Registrar concerned will pass appropriate order upon giving fullest opportunity of hearing within a period of one month from the date of communication of this order. 7. The writ petition is accordingly disposed of. 8. No order is passed as to costs. Honble Ashok Srivastava, J.—I agree. ————