AI Structured Summary
Not yet generated for this judgment
Judgment
I.A. No.1191 of 2021:
This case is taken up through video conferencing.
The present interlocutory application has been filed on behalf of the petitioner seeking stay of the proceeding of Misc. Case no.8 of 2020-21, which has been initiated for cancellation of Registered Sale Deed no.940 of 2020 dated 4th September, 2020, pending before the Deputy Commissioner, Deoghar- respondent no.2.
Learned counsel for the petitioner submits that the present writ petition has been filed for quashing the notification no.930 dated 21 st September, 2016 (Annexure-9 to the writ petition), which confers power to the District Registrar to cancel registered documents, as the said notification itself is beyond the scope of the Registration Act, 1908 and such power cannot be delegated by the State Government to the District Registrar in absence of any such provision in the said Act, 1908. Moreover, such conferment of power also offends the provision of Specific Relief Act, 1963 read with Section 9 of the Code of Civil Procedure, 1908. Thus, initiation of the proceeding for cancellation of the aforesaid registered sale deed by the respondent no.2 at the instance of the complaint made by the respondent nos.3 to 10 is illegal and without jurisdiction.
Learned counsel for the petitioner further submits that similar writ petitions being W.P.(C) Nos.07 & 515 of 2021 came up for consideration before this Court earlier and while directing the respondents to file counter affidavit(s), this Court has stayed said proceedings pending before the respondent no.2.
Mr. Mohan Dubey, learned A.C. to A.G., though contests the argument of learned counsel for the petitioner on merit, yet he accepts the fact that this Court in the aforesaid writ petitions has passed interim orders.
Having heard learned counsel for the parties, this Court is of the view that the petitioner has been able to make out a prima facie case in its favour. Hence, it is ordered that further proceedings of Misc. Case no.8 of 2020-21 pending before the respondent no.2 shall remain stayed.
I.A. No.1191 of 2021 stands disposed of.
W.P. (C) No.732 of 2021:
At the request of learned counsel for the petitioner, the defect(s), as pointed out by the office is ignored.
Issue notice to the respondent nos.3 to 10 under registered cover with A/D as well as ordinary process for which requisites etc. must be filed within a period of one week.
Mr. Mohan Dubey, learned A.C. to A.G, appearing on behalf of the respondent nos.1 and 2, prays for and is allowed four weeks' time to seek instructions and file counter affidavit.
Put up this case along with W.P.(C) Nos.07 & 515 of 2021.