GOUR DEY Vs. STATE OF WEST BENGAL

JUDGEMENT

(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 :

(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 :

(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.