The High Court dismissed the writ petition challenging the Sub-Registrar's order refusing registration. The court held that the petitioner has an alternative statutory remedy under Section 72 of the Registration Act and refused to bypass it.
Writ petition dismissed; petitioner directed to pursue remedy under Section 72 of the Registration Act.
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Court No. - 40
Case :- WRIT - C No. - 23206 of 2021
Petitioner :- Smt. Beena Devi Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Brij Bhushan Paul,Anand Prakash Paul Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
Petitioner has challenged the order of the Sub Registrar, Registration Department, Tehsil Puwayan, District Shahjahanpur dated 11.5.2021, contained in Annexure 6 to the writ petition.
The sixth annexure is a memo containing objection, as per which provisions of registration, Rules 2002 have not been complied with. Petitioner accordingly has been informed of deficiency and the document has not been registered. This order has been put to challenge in the present writ petition.
While entertaining the writ petition, learned Standing Counsel was directed to obtain instructions in the matter.
As per instructions, the decision not to register the document is based upon the provisions contained in statutory Rules. It is also pointed out that decision of the Sub-Registrar is not on account of the plea of non execution of the document. It is further pointed out that the decision of Sub-Registrar is referable to exercise of power under the Registration Act, against which a statutory alternative remedy is available to the petitioner under Section 72 of the Registration Act.
We find no good ground to bypass the alternative remedy available to the petitioner in terms of Section 72 of the Act. Since the petitioner is aggrieved by the order, he may pursue such remedy.
Writ petition is, accordingly, dismissed.
Order Date :- 20.12.2021 D. Tamang
1 issue framed by the court
Whether the High Court can bypass Section 72 of the Registration Act when an alternative statutory remedy exists against the non-registration of a document.
1 provisions across 1 enactments
Smt. Beena Devi
State Of U.P.
Ashwani Kumar Mishra
Vikram D. Chauhan
As recorded by the court registry
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