(1.) Constitutionality of Section 22a of the registration Act (The Act) as amended by the State of Rajasthan as also the notifications issued by it in terms thereof are in question in this appeal which arises out of a judgment and order dated 28.11.2000 passed by a Division Bench of the High court of Judicature for Rajasthan at Jodh- pur in D. B. Civil Writ Petition No. 3554 of 1999. FACTS:
(2.) The respondent herein is a resident of town of Bikaner. He was a khatedar tenant of agricultural lands situated at Chak no. 13 KYD, Square No. 110/24, Killa No. 1 to 25 Bighas, Tehsil Khajuwala, District bikaner. He appointed one Sukhdeo Singh as his attorney authorizing him to look after his lands, cultivate the same and to do all other acts, deeds and things including mortgage or sell the same, get the requisite deeds and documents registered, by a deed of power of attorney dated 16.7.1999. The said deed was presented before the sub-Registrar, Bikaner on 30. 7.1999 for the purpose of registration which was refused by making an endorsement on the document that the same could not be registered in terms of the Government Notification dated 26.3.1999 published in the Rajasthan gazette dated 1.4.1999 as amended on 22.4.1999 whereby and whereunder registration of such documents have been prohibited as being 'opposed to public policy'. The said notifications were said to have been issued by the State of Rajasthan in exercise of its power conferred upon it under Section 22a of the Act.
(3.) The respondent herein questioned the constitutionality of Section 22a of the Act as inserted by the legislature of Rajasthan as also the aforementioned notifications by filing a writ petition before the Rajasthan high Court. HIGH COURT:
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