AMOD BIHARI SINHA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioners in the above writ petitions challenge the addition of sub-rule (xvii) and (xviii) to Rule 19 of the Bihar Registration Rules, 2008. It is argued that the same is ultra vires the Registration Act, 1908, and beyond the scope of clauses (a) and (aa) of sub-sec. (1) of Sec. 69.

(2.) We have heard Shri Ranjeet Kumar, Shri Pratik Kumar Sinha and Shri Abhinav Shandilya, learned counsel appearing for the petitioners and the learned Advocate General, Shri P.K.Shahi, for the State.

(3.) Shri Ranjeet Kumar took us to the amendment produced as Annexure-1 in the writ petition and pointed out that the same has been brought about under Sec. 69(1)(a) and (aa) of the Registration Act. The objectionable amendments require a 'Jamabandi/Holding' allotment under the Bihar Land Mutation Act, 2011 (hereinafter referred to as the 'Mutation Act') and the Bihar Municipal Act, 2007 (hereinafter referred to as the 'Municipal Act'); applicable respectively to rural areas and municipal areas, before seeking registration under the Act. It is pointed out that neither clause (a) nor clause (aa) enables such an amendment, bringing in the requirement, which is also not in tune with the Registration Act.