Devanand Mishra vs State of Jharkhand and Others

S.J. Mukhopadhaya, J.—The petitioner, a registered power of attorney holder of Uma Devi Saraf, W/o Lara Sajjan Saraf and Shri Vinay Seraf, S/o Late Sajjan Saraf, has preferred this writ petition for quashing the order passed by the Deputy Commissioner, Deoghar dated 5th January, 2002 as quoted in the back portion of sale deed (contained in Annexure-2) wherein it is ordered that a power of attorney holder who is not a near relation of land holder in such case to treat two transaction and to take two sets of registration fee for the purpose of registration.

The stand of the Deputy Commissioner, Deoghar and Sub- Registrar, Deoghar is that in a case where a property is sold directly to a purchaser by the owner, the requisite stamp for registration will be dependent on the valuation of the property. But where the property is sold through a power of attorney holder, and if the power of attorney holder is not a close relative of the owner or is not a blood relation, the registration fee will be twice (two sets) dependent on the valuation of property.

It is further pleaded that when power of attorney is executed by the owner of the property in favour of a person with whom he has not got any family relationship or otherwise being unusual then it is quite natural to doubt that the power of attorney holder has purchased the property from its owner after the payment of consideration money had in garb of deed of power of attorney putting the State in great monetary loss. To avoid such type of loss of Government exchequer, a double requisite stamp has been ordered to be paid.

There being no such provision laid down under the law the submission aforesaid cannot be accepted. Either a person is a valid power of attorney holder or power of attorney is not valid. If the power of attorney is registered and power of attorney holder is allowed to execute a sale deed on the basis of such power of attorney, the respondents cannot ask for twice the registration fee on the ground that the attorney holder is not related to the owner nor can refuse to execute the registered document on such ground. Such demand will be arbitrarily and against the provisions of law. However, it is always open to the competent authority to doubt a power of attorney, if there is anything wrong or any other valid ground.

For the reason aforesaid, note dated 5th January. 2002 given by Dy. Commissioner on the back of the sale deed being arbitrary and against the law is set aside with direction to respondents to take step for registration of sale deed, if there is no other impediment.

The writ petition is allowed with aforesaid observations.