ANIL Vs. STATE OF U.P.

JUDGEMENT

(1.) This writ petition is directed against the order of the Assistant Inspector General Registration, Gorakhpur dated 11.04.2016 whereunder he has cancelled the documents which was registered on 10.08.2015 at Serial No. 2856 of 2015 in the office of the Deputy Registrar, Chaurichaura, District - Gorakhpur, in exercise of powers under the Government Order dated 13.08.2013.

(2.) On behalf of the petitioner it is contended that the power to hold an enquiry in respect of the registration of deed under Section 34(3) read with section 35 of the Registration Act is available to the Registrar concerned, at a stage prior to the registration of the sale deed. It is contended that once the sale deed is registered, the Registrar concerned has no competence to cancel the registration. At best in cases of fraud or misrepresentation, he can direct lodging of first information report under Section 83 of the same Act. If any person is aggrieved by the registration of such a document he can file a suit for cancellation thereof. The Registering Officer becomes functus officio once the registration is completed.

(3.) Learned counsel for the respondent, on the contrary with reference to the Government Order dated 13.08.2013 submits that the Registrar has sufficient powers to cancel the registration.