ARUN AGGARWAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) TWIN important questions of law that fall for consideration of this Court are: (i) whether the Registering Officer under the Registration Act, 1908 ('the Act' for short) has got the jurisdiction to cancel the sale deed and (ii) whether an aggrieved party can seek a writ in the nature of mandamus directing the Registering Officer under the Act to cancel the sale -deed. Facts first.

(2.) SIMULTANEOUSLY , petitioners approached Registrar -cum -Deputy Commissioner, Bhiwani vide application Annexure P -10 as well as the Commissioner, Hisar Division, Hisar -respondent No. 2 seeking cancellation of the sale -deed bearing No. 870 dated 27.9.2010. Commissioner, Hisar Division, vide his communication dated 30.10.2012 (Annexure P -12), directed Sub -Registrar, Bawani Khera not to register any sale -deed pertaining to the land mentioned in the representation by the petitioners. However, Collector Bhiwani -respondent No. 3 passed the impugned order dated 12.6.2012 (Annexure P -11) observing that there was no provision in the Act under which the Registrar can cancel the registered documents. Feeling aggrieved against the order dated 12.6.2012 (Annexure P -11) passed by Collector, Bhiwani, petitioners have approached this Court by way of instant writ petition seeking a writ in the nature of certiorari for quashing the impugned order. Petitioners are also seeking a writ in the nature of mandamus directing the respondents to cancel the sale -deed bearing No. 870 dated 27.9.2010 (Annexure P -4).

(3.) HAVING heard the learned counsel for the petitioners at considerable length, after careful perusal of the record of the case and giving thoughtful consideration to the arguments advanced, this Court is of the considered opinion that the present one is not a (sic)it case warranting any interference at the hands of this Court while exercising its writ jurisdiction under Articles 226/227 of the Constitution of India. To say so, reasons are more than one, which are being recorded hereinafter.