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Patna High Court

Shankar PanditversusThe State Of Bihar and Ors

Decided
Disposal
DISPOSED

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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