AR.LAKSHMANAN, C.J. - (1.) The petitioner has prayed in this case for : (a) quashing S. 22-A of the Registration Act as inserted by the Rajasthan Legislature; (b) quashing the Notification Annexures 3, 4, 6 and 7 issued by the State Government in exercise of the powers under S. 22-A of the Registration Act. (c) directing the Sub Registrar to register Power of Attorney dated 16-7-1999 which was presented by the petitioner on 30-7-1999.
(2.) The short facts of the case are as follows : The petitioner is a resident of Bikaner City. He is the Khatedar tenant of the agricultural lands situated at Chak No. 13 KYD, Square No. 110/24, Killa No. 1 to 25 Bighas, Tehsil Khajuwala District Bikaner. The petitioner appointed one Sukhdeo Singh as Power of Attorney, authorising him to look after his lands, cultivate the lands, deposit the instalments of the land, mortgage or sell the lands, execute the sale deed thereof and get it registered. The petitioner presented the Power of Attorney dated 16-7-1999 executed by him in favour of Sukhdeo Singh on 30-7-1999 before the Sub Registrar, Bikaner. He was advised that the Power of Attorney executed by him should be authenticated by the Sub Registrar of the area where the petitioner resides as per the provisions of Ss. 32 and 33 of the Registration Act. The petitioner submitted the Power of Attorney for registration. However, the Sub-Registrar, Bikaner has refused registration on the document making an endorsement. A copy of the Power of Attorney along with the endorsement of the Sub-Registrar has been filed along with the writ petition marked as Annexure/1. As per the endorsement of the Sub-Registrar, the document could not be registered by the registering authority as the Govt. Notification dated 26-3-1999 published in the Rajasthan Gazette dated 1-4-1999 as amended by the Notification published in the Rajasthan Gazette dated 22-4-1999 has banned the registration of such documents as opposed to public policy. Copies of the Govt. Notifications issued under S. 22-A of the Registration Act dated 26-3-1999, and 22-4-1999 have been filed along with the writ petition marked as Annexures 2, 3, 6 and 7 respectively. On the basis of those three Notifications, the Inspector General of Stamps and Registration, Ajmer issued a Circular (Annexure/5) to the Registering Authorities on 16-7-1999. The Notification Annexures 2, 3 and 4 have been issued by the State Govt. in exercise of the powers under S. 22-A of the Registration Act, which was introduced in the Registration Act by the Registration (Rejasthan Amendment) Act 1976, which received the assent of the President on 16-2-1976.
(3.) Section 22-A of the Registration Act reads as under :- "Documents registration of which is opposed to public policy : (1) The State Govt., may by notification in the Official Gazette declare that the registration of any document or class of documents is opposed to public policy; (2) Notwithstanding anything contained in this Act, the registering Officer shall refuse to register a document to which a Notification issued under sub-s. (1) is applicable.";