AJAY KUMAR GOYAL Vs. DISTRICT REGISTRAR/A.D.M. FINANCE,DEHRADUN AND OTHERS
LAWS(UTN)-2001-12-4
HIGH COURT OF UTTARAKHAND
Decided on December 18,2001

AJAY KUMAR GOYAL Appellant
VERSUS
District Registrar/A.D.M. Finance,Dehradun Respondents

JUDGEMENT

P C.VERMA, J. - (1.)THIS petition has been filed by the petitioner seeking writ of man­damus to command the respondent No. 1 District Registrar, Dehradun, under the In­dian Registration Act to decide the appli­cation dated 3rd July, 1998 for recall of the order dated 5.4.1995, by which the Dis­trict Registrar directed the Assistant Reg­istrar to register a document titled as agree­ment for sale. This order was passed by the District Registrar on the application by the person in whose favour the said document was sought to be executed. After three years, recall application has been moved by the petitioner when he came to know through a notice issued to him on a suit for specific performance of the contract based on the said document i.e. "agree­ment to sale".
(2.)ANY provision under the Registration Act has not been brought to the notice of this Court that once a document is regis­tered, the District Registrar or Assistant Registrar has power to cancel the said document which will be ultimate result of this case, if the recall application of the petitioner is allowed.
Therefore, in my opinion, applica­tion for recall itself is misconceived. The petitioner is not remedy-less. He has rem­edy by way of filing a suit for cancellation of said document which he may avail..

(3.)FOR the reasons recorded above, f do not find it a fit case in which a manda­mus can be issued to respondent No. 1 for disposal of application for recall.
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