Rajesh Chadda v. The Sub Registrar (Campbell Bay) And ORS.

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

WPA/45/2022 Rajesh Chadda ... Petitioner Vs.

The Sub Registrar (Campbell Bay) and others ... Respondents Mr. Anzer Ali ... for the petitioner Mr. V.D. Sivabalan ... for the Administration June 29 2022 [SR] Item No.19.

The petitioner has assailed the order dated 17 March, 2020 passed by the Sub Registrar, inter alia, rejecting and returning the documents for registration by the petitioner in respect of 1.25 hectares at Vijay Nagar.

The respondents are represented and submit that the writ petition is not maintainable in view of the statutory embargo contained in Section 72 of the Registration Act, 1908 (the Act) whereby the petitioner has an alternative efficacious statutory remedy of an appeal against the impugned order.

I have considered the submissions made on behalf of the parties. In view of the clear and express language of Section 72 of the Act, in my view, the petitioner has a statutory right to file an appeal against the impugned order. Hence, this Court is not inclined to entertain this petition.

In view of the aforesaid, WPA/45/2022 stands dismissed.

It is made clear that this Court has not gone into the merits of the writ petition and all points are to be adjudicated by the Appropriate Authority in accordance with law.

( Ravi Krishan Kapur, J.)