9911796707
|
Home
Issues involved: Dispute over registration of land document due to a government notification under Section 22-A of the Registration Act, 1908.
Summary: Issue 1: Validity of Government Notification under Section 22-A of the Registration Act The petitioner, owner of land, faced refusal of registration by the second respondent due to a government notification under Section 22-A of the Registration Act. The High Court noted that the power granted to the Government under Section 22-A to prevent registration was held ultra vires by the Supreme Court in State of Rajasthan v. Basanth Nahata. As a result, the basis for the refusal of registration by the second respondent was deemed invalid. Issue 2: Obligation of Second Respondent to Process Document With the invalidity of the government notification under Section 22-A, the second respondent was directed by the High Court to receive and process the document presented by the petitioner. The court emphasized that the second respondent must consider the document in accordance with the provisions of the Indian Stamp Act and the Registration Act. The court ordered the second respondent to take necessary steps within one week from the date of receipt of the court's order. In conclusion, the High Court disposed of the Writ Petition by directing the second respondent to proceed with the registration process of the land document as per the relevant legal provisions, emphasizing the importance of following the Indian Stamp Act and the Registration Act.
|
