Soumitra Sen, J. - (1.) This is an application under Article 226 of the Constitution of India challenging the vires of section 22A of the Registration Act, 1908 (hereinafter referred to as "the said Act") and for declaring the said provision as ultra vires and unconstitutional and for other consequential relief. Initially the application was filed for a Writ of Mandamus directing the respondents to withdraw and/or recall an order dated 20th February, 2006 passed by the Deputy Secretary, Government of West Bengal, Urban Development Department, whereby a registered deed was held to be void relying upon the provisions of section 22A of the said Act. Under those circumstances, leave was obtained from this Court to amend the writ petition by adding grounds for challenging the Constitutional validity of the said Act. The eye of the storm is section 22A of the said Act which was introduced pursuant to an amendment made under Registration (West Bengal Amendment) Act,-1981. Section 22A is set out as under : "22A. Registration of certain documents to be opposed to public policy. - (1) The State Government may, by notification in the Official Gazette, declare that the registration of any document or any class of documents specified in such notification shall be opposed to public policy. (2) The registering officer shall examine whether a document prescribed for registration is one to which a notification under sub- section (1) is applicable and shall take such evidence as may be produced by the parties and may also require them to produce all documents in their possession or custody which is the registering officer considers relevant. (3) Notwithstanding anything to the contrary contained elsewhere in the Act, the registering officer shall refuse to register any document or any class of documents to which a notification under sub-section (1) is applicable."
(2.) In exercise of powers conferred under section 22A a notification was issued by the appropriate authority being Notification No.452- Registration, dated 21" May, 1988, which is set out as under : "In exercise of the power conferred by sub-section (1) of section 22A of the Registration Act, 1908 (16 of 1908), as amended by the Registration (West Bengal Amendment) Act, 1981 (West Ben. Act 43 of 1981), on its application to West Bengal, and in supersession of this department notification No.l95-Regn., dated the 22nd February, 1988, the Governor is pleased hereby to declare that any document - (a) transferring any vacant land or land with building; or (b) delegating right of enjoyment and management of any land or building by executing a power-of-attorney (including irrevocable power-of-attorney), or (c) creating tenancy on any land or building for twenty years and above; or (d) creating mortgage or charge or encumbrances and transferring right of enjoyment of any land or building to the mortgagee, at Salt Lake, Calcutta, to which the State Government is not a party and made without the prior permission of the Metropolitan Development Department, Government of West Bengal, shall be opposed to public policy."
(3.) Before coming to the question of the Constitutional validity of the said aforesaid provision of section 22A and the notification issued pursuant thereto. The facts of the case are required to be stated as it is of some significance.;