Patna High Court
Shankar PanditversusThe State Of Bihar and Ors
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
Revenue authorities do not have the power to cancel a deed of registration; the petitioner must seek relief before the appropriate court.
Summary
Shankar Pandit filed a writ petition seeking cancellation of a deed of registration dated 6 January 2017 that transferred land to Uma Devi, alleging the sale was made without locus. The petition named the State of Bihar, the Circle Officer, the Inspector General of Registrar, and two individuals as respondents. The Circle Officer submitted an unchallenged counter‑affidavit stating that revenue officials lack authority to cancel a registered deed and that the petitioner must approach the appropriate court for relief. The court accepted this submission, noting that the writ jurisdiction was not appropriate for the relief claimed. Consequently, the court granted the petitioner liberty to approach the proper forum and disposed of the writ petition.
Issues considered
- Whether a revenue authority such as the Circle Officer has power to cancel a deed of registration.
- Whether the writ jurisdiction of the High Court is appropriate for granting cancellation of a registered deed.
Subjects
- deed of registration
- cancellation
- revenue authority
- writ jurisdiction
- land sale without locus
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.9469 of 2017
======================================================
Shankar Pandit Son of Late Bachan Pandit, Resident of Village- Serdilpur,
P.O. P.S.- Patori, District- Samastipur.
... ... Petitioner/s
Versus
1. The State Of Bihar
2. The Circle Officer C.O. under Block Patori, District- Samastipur.
3. The Inspector General of Registrar under District Samastipur.
4. Anil Pandit, Son of Ishwar Pandit, at Village- Serdilpur, P.O. P.S.- Patori,
District- Samastipur.
5. Smt. Uma Devi, W/o Ram Lalit Baitha, Village- Sirdilpur, P.S.- Patori,
District- Samastipur.
... ... Respondent/s
======================================================
Appearance :
For the Petitioner/s : Mr.Satish Kumar, Advocate
For the Respondent/s : Mr.Sajid Salim Khan-Sc25
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
2 03-02-2026 Heard the parties.
2. The present petition has been preferred for the
following relief/s:
(i) to cancel the Registration of Deed dated
6.1.2017 made in favour of Smt. Uma Devi
(hereinafter referred to as Act of
Registration);
(ii) for that the Respondent has sold the
Land in favour of Smt. Uma Devi without
locus;
(iii) for that the petitioner is entitled to any
Patna High Court CWJC No.9469 of 2017(2) dt.03-02-2026
2/2
reliefs.
3. A unrebutted counter affidavit of Circle
Officer,Patori, Samastipur is on record, according to which, the
petitioner has to move before appropriate Court for the redressal
of such grievance and the Revenue Authorities have no power to
cancel the deed of registration.
4. At this stage, learned counsel for the petitioner
submits that he shall be approaching the appropriate authority/
Court for the redressal of the grievance.
5. Granting said liberty, the writ petition is disposed
of.
(Rajiv Roy, J)
Ravi/-
U
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