B.K.Roy, B.K.Sharma, JJ. - (1.) The prayer of the petitioner, who is a licensed document writer as defined under Rule 2 (c) of the U. P. Document Writers Licensing Rules. 1977 (hereinafter referred to as the Rules for the sake of brevity) framed under Section 69 (1) (hhh) of the Indian Registration Act, 1908, is to quash the order dated 17.3.1990 of the District Rgistrar. Deorla (as contained in Annexure-3) cancelling his licence with Immediate effect.
(2.) A perusal of the impugned order shows following facts : (i) The D.I.G. of Police (Special Investigation) U. P., Lucknow apprised while dispatching copy of the Report dated 6.2.1998 of the Deputy Superintendent of Police (Special Investigation), Lucknow that in the sale deed executed by Indra Deo Harijan in favour of Abid Ali Ansari on 5.9.1987 tn regard to 1.60 acres of land of Gata No. 173 of Village Jairam Kaurtya. P.S. Salempur. District Deoria, which was registered, scribed by Shailendra Kumar (the writ petitioner) who was also its witness and has stated that he personally knew the vendor, it has been mentioned that the vendor Indra Deo is not Scheduled Caste/Scheduled Tribe while he is Scheduled Caste and deliberately suppressing this fact he had made incorrect statements and thereby, lands belonging to Scheduled Caste has been sold without taking permission of the Collector of the District. (ii) A notice was Issued to the petitioner to show cause as to why for his aforementioned act, his licence be not cancelled. (iii) In his show cause dated 27.2.1988 the petitioner stated, inter alia, that he knew Indra Deo from before but was not knowing his caste ; that Abid Ali Ansari is a respectable person ; that after knowing facts from him and Ram Pyarey Lekhpal Tehsil Salempur. he had become witness of the aforesaid document ; and that deliberately he had not given incorrect evidence. (iv) The aforesaid explanation of the petitioner was not accepted to be reliable on the following grounds : (a) In view of the fact that he admitted knowing Indra Deo from before his defence of not knowing his caste was disbelieved ; and (b) He had given his evidence in his personal capacity for which he is personally responsible, though it may be that he may have given evidence on someone's asking. (v) Abid Ali Ansari fraudulently got the sale deed executed in regard to the land of a person belonging to Scheduled Caste by suppressing facts and without permission of the Collector of the District which the petitioner supported by giving false evidence and thereby acted contrary to Rule 16 (c) of the rules and accordingly his licence is being cancelled with immediate effect.
(3.) While admitting this writ petition on 12.4.1990 on the stay application filed by the petitioner, it was ordered that "Till further orders, the operation of the order dated 17.2.90 shall remain stayed." The Submissions :;