JUDGEMENT
ANIL KUMAR,J. -
(1.) Heard Sri Saharsh Sheikh Wali-Uz Zaman, learned counsel for petitioner, Sri Amitabh Rai, learned State counsel and perused the record.
(2.) By means of the present case, the petitioners have prayed for the following main relief:-
"(i) issue a writ, order or direction to the nature of certiorari quashing the Government Order No. K-N-7-684/11-2013-700 (446)/13 dated 13.08.2013, contained in Annexure No. 2, issued by the opposite party no. 2, by declaring the same to the ultra virus to the Registration Rules, applicable in the Uttar Pradesh.
(ii) issue a writ, order or direction to the nature of certiorari quashing the order dated 14.12.2016 passed by the opposite party no. 2 in the case no. 6/2012 Sri Dharmendar Singh Vs. Smt. Asha Singh and others as contained in Annexure 1, this writ petition.
(iii) issue a writ, order or direction in the nature of mandamus commanding the opposite party no. 2 not to proceed with the implementation of the impugned order dated 14.12.2016."
(3.) Learned counsel for parties submit that the controversy involved in the present case is squarely covered by the judgment dated 18.05.2018 passed by Full Bench of this Court in Writ - C No. - 2973 of 2016 (Smt. Kusum Lata Vs. State of U.P. and Others), operative portion of the same, reads as under:-
"This Larger Bench has been constituted under the orders of Hon'ble the Chief Justice on basis of the order dated 22.05.2017 passed in Writ-C No. 2973 of 2016. In the case aforesaid, a Division Bench of this Court arrived at the conclusion that the view taken in the case of Radhey Shyam Arora Versus State of U.P. and 6 others (Writ-C No. 63439 of 2013), decided on 20.11.2013 is in conflict with a view taken in Raj Kumari Versus State of U.P. and others (Misc. Bench No. 2562 of 2014), decided on 28.03.2014 and looking to the divergent views taken by two Division Benches matter requires consideration by a Larger Bench. The Division Bench under the order dated 22.05.2017 referred following questions for adjudication by Larger Bench:-
"(a). Whether after a sale deed has been registered, the Assistant Registrar has any authority of law to cancel the registered sale deed under the provisions of the Registration Act, 1908 even if allegation of impersonation/fraud are made?
(b). Whether the allegations of fraud are essentially, an allegation of fact which need examination of oral or documentary evidence and can be adjudicated on the basis of evidence to be led by the parties before competent civil court?
(c). Whether the judgment in the case of Raj Kumari (supra) or the judgment in the case of Radhey Shyam Arora (supra) lays down the correct law?" ;
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