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2010 DIGILAW 188 (CHH)

Sanjay Kumar Kada v. State of Chhattisgarh

2010-07-28

SATISH K.AGNIHOTRI

body2010
ORDER Satish K. Agnihotri, J. 1. Challenge in this petition is to the endorsement made by the Sub-Registrar (R), Raipur on the backside of the sale deed dated 8-7-2009 (Annexure P/1) whereby the Sub-Registrar (R) declined the registration of the sale deed on the ground that pursuant to the order dated 29-6-2007 (Annexure P/2) passed by the Collector, Raipur, true copy of the Khasra and Form B-1 has to be certified by the Revenue Officer under Rule 19(o) of the Madhya Pradesh/Chhattisgarh Registration Rules, 1939 (for short "the Rules, 1939"), as modified by the State of Chhattisgarh vide notification dated 27-6-2002. The Petitioners further challenge the order dated 29-6-2007 (Annexure P/2) whereby the Collector, Raipur, has directed the Registration Officer under the provisions of the relevant rules to seek verification of documents from the Revenue Officers. 2. The facts, in nutshell, for proper adjudication of the case, are that the Petitioners are the owners of various properties situated at village-Amlidih, Raipur bearing different Khasra Numbers and their names have been recorded as Bhoomi Swami in the land records maintained under the provisions of the Chhattisgarh Land Revenue Code, 1959 (for short "the Code, 1959"). The Petitioners have entered into the agreement with various persons for the sale of their properties. After execution of the sale deed, the same has been presented by the power of attorney holder of the Petitioners, but the same have been returned by the Respondent No. 3 and directed the sellers to present the documents duly endorsed by the Revenue Officer. The act of the Respondent authorities is illegal and arbitrary. Learned Counsel further submits that refusal on the part of the Registering authority is not only opposed to the public policy, but also invalid and constitutionally not sustainable. Thus, this petition. 3. The sole ground raised by Shri Sharma, learned Counsel appearing for the Petitioners, is that Rule 19(o) of the Rules, 1939 inserted by notification dated 27-6-2002. Copy of form B-1 and Khasra should be certified by the Authorised Revenue Officer or concerning Halka Patwari. The Registration Officer has declined to register the sale deed of the Petitioners on the ground that the same was not certified by the Authorised Revenue Officer. The impugned action taken by the Respondent authorities is illegal, arbitrary and against the provisions of law. 4. The Registration Officer has declined to register the sale deed of the Petitioners on the ground that the same was not certified by the Authorised Revenue Officer. The impugned action taken by the Respondent authorities is illegal, arbitrary and against the provisions of law. 4. On the other hand, Shri Bhaduri, learned Panel Lawyer appearing for the State, submits that the Collector by order dated 29-6-2007 (Annexure R/1) directed all the District Registrar and Sub Registrar to the effect that the revenue records such as copy of B-1 and Khasra should contain the endorsement by the Revenue Officer that the entries made in the said documents are duly certified in Rin Pustika. Learned Counsel further submits that the Petitioners presented the sale deed along with the copies of required revenue recordS which were not duly certified by the Revenue Authority, and, as such the document was returned back to the Petitioner. Thus, the Respondent authority has not committed any illegality or irregularity in returning the documents to the Petitioners and ac-cording the Petitioners are not entitled to any relief 5. I have heard learned Counsel appearing for the parties, perused the pleadings and the documents appended thereto. 6. The Rules, 1939 were framed under the provisions of Section 69 of the Registration Act, 1908 (for short "the Act, 1908"). The Inspector-General of Registration of the State has jurisdiction to exercise a general superintendence over all the registration offices in the territories under the State Government and have power from time to time to make rules consistent with the Act, 1908. Rules 1939 were framed by the Inspector General of Registration. Thus, any amendment may be made by the Inspector General of registration, as provided under the provisions of Section 69 of the Act, 1908. 7. Sections 69 and 71 of the Act, 1908 reads as under: 69. Rules 1939 were framed by the Inspector General of Registration. Thus, any amendment may be made by the Inspector General of registration, as provided under the provisions of Section 69 of the Act, 1908. 7. Sections 69 and 71 of the Act, 1908 reads as under: 69. Power of Inspector-General to superintend registration offices and make Rules (1) The Inspector-General shall exercise a general superintendence over all the registration offices in the territories under the (State Government), and shall have power from time to time to make rules consistent with this Act-- (a) providing for the safe custody of books, papers and documents; (aa) providing the manner in which and the safeguards subject to which the books may be kept in computer floppies or diskettes or in any other electronic form under Sub-section (I) of Section 16A; (b) declaring what language shall be deemed to be commonly used in each district; (c) declaring what territorial divisions shall be recognized under Section 21; (d) regulating the amount of fines imposed under Section 25 and 34, respectively; (e) regulating the exercise of the discretion reposed in the registering officer by Section 63; (f) regulating the form in which registering officers are to make memoranda of documents; (g) regulating the authentication by Registrars and Sub-Registrars of the books kept in their respective offices under Section 51 [(gg) regulating the manner in which the instruments referred to in Sub-section (2) of Section 88 may be presented for registration;] (h) declaring the particulars to be contained in indexes Nos. I, II, III and IV respectively; (i) declaring the holidays that shall be observed in the registration offices; and (j) generally, regulating the proceedings of the Registrars and Sub-Registrars. (2) The rules so made shall be submitted to the [State Government] for approval, and after they have been approved, they shall be published in the [Official Gazette] and on publication shall have as if enacted in this Act. 71. (2) The rules so made shall be submitted to the [State Government] for approval, and after they have been approved, they shall be published in the [Official Gazette] and on publication shall have as if enacted in this Act. 71. Reasons for refusal to register to be recorded -- (1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates, is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his Book: No. 2, and endorse the words "registration refused" on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered. 8. In exercise of the powers, it appears that the Inspector General of Registration vide notification dated 27-6-2002 inserted Clause (o) to Rule 19 of the Rules, 1939. 9. Clause (O) to Rule 19 of the Rules, 1939 reads as under: 19. Return of documents for correction etc.-- The following documents may be returned for amendment, correction, or supply of omissions: xxx xxx xxx xxx (o) A document for Agricultural/Diverted Land required to be registered under the provisions of Clauses (a) to (e) of Sub-section (1) of Section 17 of Registration Act, 1908 (No. 16 of 1908) is not submitted along with the copy of B-1 and Khasra Panchsala certified by an Authorised Revenue Officer or concerning Halka Patwari. 10. Rule 19 of the Rules, 1939 provides for return of documents for correction, etc. Clause (o) to Rule 19 of the Rules, 1939 provides that a document for Agricultural/Diverted Land required to be registered under the provisions of Clauses (a) to (e) of Sub-section (1) of Section 17 of Registration Act, 1908 (No. 16 of 1908) is not submitted along with the copy of B-1 and Khasra Panchsala certified by an Authorised Revenue Officer or concerning Halka Patwari. 11. All the lands involved in the instant 'case are the agricultural lands. Admittedly, the document form B-1 and Khasra are duly certified by the Patwari. 11. All the lands involved in the instant 'case are the agricultural lands. Admittedly, the document form B-1 and Khasra are duly certified by the Patwari. However, on the basis of the order dated 29-8-2007 (Annexure P/2) passed by the Collector, wherein it is provided that the Khasra and form B-1 have to be certified by the Revenue Officer, not by the Patwari, which is contrary to the provisions of Rules, 1939, the registration of the documents was declined. 12. The Collector has no jurisdiction to amend a part or entire rules by the order as aforestated. There has to be a proper notification, as provided under the provisions of law. On perusal of the Rule 19(o) of the Rules, 1939 it clearly appears that if the copy of Khasra and form B-1 is certified by the Patwari, the same is admissible for registration of documents. 13. In the case on hand, the Registering Authority has wrongly declined the registration, not on any other grounds except the ground that copy of Khasra and form B-1 were not duly certified by the Revenue Officer, which is not the requirement. Clause 19(o) provides that copy of Khasra and form B-1 may be certified either by the Revenue Officer or Patwari. The order passed by the Collector is a mere guideline and not in accordance with the provisions of the Act, 1908 as well as the Rules, 1939. 14. The learned Division Bench of the High Court of Madhya Pradesh, (Indore Bench), in Kailash v. Sub-Registrar of Assurances, Indore AIR 1985 MP 12 while considering the identical provisions, observed as under: 16. The Respondent No. 1 while purporting to act in the discharge of his statutory duties has to exclude such instructions, which have no foundation in law. We are, therefore, constrained to hold that the Respondent No. 1, while refusing to register the document on the basis of some instructions from the Additional Collector, was certainly not acting in accordance with law. There could be no executive instructions contrary to law nor can such instructions have any overriding effect on the statutory provisions of law. It is painful to note that in fact of this Court's direction the appellate order dated 25-2-1983 (in M.P. No. 59/84) should seek justification for refusal to register the document on the basis of such direction from the Additional Collector. 15. It is painful to note that in fact of this Court's direction the appellate order dated 25-2-1983 (in M.P. No. 59/84) should seek justification for refusal to register the document on the basis of such direction from the Additional Collector. 15. For the reasons mentioned hereinabove and applying the well settled principles of the law to facts of the present case, without going into the merit of the case, as it requires verification under the provisions of law, order of the Registering Authority declining to register the documents as well as the order dated 29-6-2007 passed by the Collector, Raipur, are contrary to the statutory provisions and the same deserved to be quashed. 16. In the result, the endorsement made by the Sub-Registrar (R), Raipur on the back side of the sale deed dated 8-7-2009 (Annexure P/1) and the order dated 29-6-2007 (Annexure P/2) passed by the Collector, Raipur are quashed. The Registrar is directed to examine the documents of the Petitioners in accordance with the provisions of Clause 19(o) of the Rules, 1939 and other provisions of the Act, 1908 and proceed further. 17. Accordingly, the writ petition is allowed to the extent indicated above. No order also costs.