ORDER
With the consent of counsel for the parties, the matter is heard finally. This petition is filed under Article 226 of the Constitution of India seeking the following reliefs:
"a. That the Hon'ble Court may kindly be pleased to call for the relevant records from the respondents. b. That the Hon'ble Court by the writ of Mandamus may kindly be pleased to quash/ Set aside the order dated 17.03.2026 passed by the Sub-Registrar, Umaria. c. That the Hon'ble Court by the writ of Mandamus may kindly be direct the registration of the sale deed submitted by the appellant.
d. Cost of the petition be awarded.
e. Any other relief, which this Hon'ble Court deems fit, in the circumstances of the case, be awarded."
2. Learned counsel for the petitioner submits that petitioner is aggrieved by returning of the unregistered sale deed v ide order dated 17.03.2026 passed by Sub-Registrar, Umaria without assigning any reason whatsoever. Learned counsel referred to Annexure P-1, the order dated
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17.03.2026 to contend that the Sub-Registrar has refused to register the sale deed citing Rule 35 of the MP Registration Rules, 1939 (for brevity 'the Rules') and Rule 19 of the Rules for declining registration of the document but no reason is assigned for return of the document or pointing out any inconsistency or lacuna in the document requiring correction under Rule 19. Therefore, only request of the petitioner is to direct the Sub-Registrar to reconsider to reconsider and determine the registration of the proposed sale deed in accordance with law.
3. Learned counsel for the State referring to Annexure P-1, submits that the document(proposed sale deed) was returned under Section 19 but he was at loss to explain the specific reason for return of the document in the order dated 17.03.2026.
4. Considered.
5. Rule 19 of the Rules reads as under:
"19. Return of documents for correction etc. - The following documents may be returned for amendment, correction, or supply of omissions :-
(a)A document which is not in a language commonly used in the district, is not understood by the Registering Officer, and is unaccompanied by a true translation and a true copy, as required by Section 19 of the Act. (b)A document which is illegible or is in a character other than the ordinary character of the language purporting to be used in the district and is unaccompanied by a true transliteration into the ordinary character of the language and by a true copy. (c)A document which contains an interlineation, blank, erasure or alteration which has not been attested with the signature or initials of the person executing the document, as required by Section 20 of the Act. (d)A document in which the description of immovable property is not sufficient for the identification of such properly, as required by Section 21 of the Act. (e)A document in which land is not described in accordance with the instructions contained in Rule 18
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when a survey has been extended to the land or a record of rights has been prepared for the land. (f)A document which contains a map or plan of which no copy has been filed, as required by Section 21 (4) of the Act.
(g)A document which requires a stamp under the Court Fees Act, 1870, is improperly stamped.
(h)A document which does not bear the date of its execution or bears a date subsequent to the date of presentation.
(i)A document which is liable to ad valorem duty under the Indian Stamp Act, 1899, and the value or consideration of which is either not stated in money or is only partly so stated, vide Section 27 of the Act.(j)[A document comprising immovable property partly situated in the Municipality or Corporation or Block and partly situated outside it, which does not contain the particulars about the value or consideration separately as required by Section 161 of the Madhya Pradesh Municipalities Act, 1961: Section 133 A of the Madhya Pradesh Municipal Corporation Act, 1956; Section 68 of the Madhya Pradesh Panchayat Act, 1981.] [Substituted by Notification No. 10-1-III-87-90, dated 20-7-1990.]
(k)A document which, being a lease of immovable property, other than a lease for agricultural purposes, has not been executed by both the lessor and the lessee, vide Section 107 of the Transfer of Property Act, 1882, as amended by Section 55 of Act XX of 1929. (1)[ A document required to be registered under the provisions of the clauses (a) to (e) of sub-section (1) of Section 17 of the Act which purports to transfer, assign, limit or extinguish the right, title, or interest of any person to or in any immovable property valued at more than two lakhs, and along with a certificate from the Income Tax Officer to the following effect has not been furnished :- [Substituted by Notification No. 10-1-III- 87-90, dated 20-7-1990.](a)that such person has either paid or made satisfactory provision for payment of all existing liabilities under the Act, the Excess Profits Tax Act, 1940, the Business Profit Tax Act, 1947, the Income Tax Act, 1961, the Wealth Tax Act, 1957, the Expenditure Tax Act, 1957 and the Gift Tax Act, 1958, or(b)that registration of the document will not prejudicially affect the recovery of any existing liability under any of the aforesaid Act.]
(m)[ A document required to be registered under the provisions of clauses (a) to (e) of sub-section (1) of Section 17 of the Registration Act, 1908 pertaining to Agricultural Land, which is not presented alongwith the Bhoo Adhikar Avam Rin Pustika as required by Section
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114 (a) of the Madhya Pradesh Land Revenue Code, 1959.] [Added by Notification No. 2728-III-75, dated 6- 6-1975.]
(n)[ A document relating to transfer of immovable property which is not accompanied by a statement in duplicate prescribed under Section 269-P of the Income Tax Act, 1961 (No. 43 of 1961)] [Added by Notification No. 1074-III-77, dated 26-2-1977.]
(o) [ A document required to be registered under the provisions of clauses (a) to (e) of sub-section (1) of Section 17 of Registration Act, 1908 (No. 16 of 1908) pertaining to Agricultural land is not presented alongwith a copy of the Panchsala Khasra [certified by the patwari of the concerned circle or] [Inserted by Notification No. (16)-B-4-2-2000-CTD-V, dated 7-4- 2001.] a Revenue Officer authorised by the Revenue Department in this behalf.]"
It is also apt to refer to Rule 35 of the Rules which reads as follows:
"35. Reasons for refusal. - The following shall he deemed to be valid reasons for refusal to register a document :-On presentation and before acceptance
(a)That the document is not properly stamped in accordance with the Indian Stamp Act, 1899, or rules framed under that Act, and having been impounded, that has been returned by the Collector who has not, by his certificate, made under Section 40 (1) (a) of the said Act, rendered the document admissible for registration.
(b) That the document has not beem presented by a person executing or claiming under it, or by his representative or assign, or by an agent of any of them, duly authorised by a power-of-attorney executed and authenticated under Section 33 of the Act, vide Section 32 of the Act.
(c)That, in the case of a will or authority to adopt, the presenter is not entitled to present the instrument under Section 40 of the Act.
(d)That presentation of the document is time-barred under Section 23, 23-A, 24 or 26 of the Act, applicatio under Section 25 of the Act for extension of the period having been rejected by the Registrar.
(e) That a document returned under clause (a) or clause
(b) of Rule 19 for presentation with a true translation, transliteration or true copy, is again presented, without the necessary accompaniments.[(e-1) That a document returned under clause (m) of Rule 19 for presentation with Bhoo Adhikar Avam Rin-Pustika is again presented, without the same.] [Inserted by Notification.
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No. 2728-III-75, dated 6-6-1975-][(e-2) That a document returned under clause (n) of Rule 19 for presentation, with the required statement, is again presented without the same.] [Added by Notification No. 1074-III-77, dated 26-2-1977.] [(e-3) That the document returned under clause (1) of Rule 19 for presentation with the required certificate from the Income Tax Officer is presented again without the same. [Inserted by Notification No. 10-1-III-87-90, dated 20-7-1990.](e-4) That the document purports to contravene the provisions of Section 165 of the Madhya Pradesh Land Revenue Code, 1959 i.e. refusal under Section 165 (10) of that Code. (e-5) That the document returned under clause (o) of Rule 19 for presentation with the required evidence to show that the notice of the intended transfer, to the Competent Authority is given and is again presented without the same.][(e-6) That the document returned under clause (i) of Rule 19 for presentation with the certified copy of Panchsala Khasra is presented again without it.] [Inserted by Notification No. (16) B-4-2-2000-CTD-V. dated 7-4-
2001.]
(f)That the document has not been correctly drafted (Section= 20 to 22 of the Act), or property stamped under the Court Lees Act, 1870, and correction or amendment is impracticable or has not been made in the time given vide Rule 22 or 20 respectively. (g)[ x x x] [Omitted by Notification No. 1247-R, dated 16-7-1941.]
[(h-1) x x x [Omitted by Notification No. 10-1-III-87- 90, dated 20-7-1990.]
(h - 2) * xx(i) * xx(j) * xxx(k) * xxx ]After acceptance(1)That appearance of persons executing documents of their representatives assigns or agents authorised under Section 33 of the Act has not taken place without the time allowed by Section 34 of the Act. Note: If after acceptance of a document it appears probable that the period allowed by Section 34 of the Act will expire before the executants appear, the Registering Officer shall advice the presenter to apply for an extension of time.
(m) That the identity of the executants has not been established to the satisfaction of the Registering Officer; or that an alleged representative, assign or agent has failed to prove his status, vide Section 35 of the Act.
(n) That the death of the person alleged to have executed the document has not been proved. (o)That the person by whom the document purports to have been executed appears to be a minor, idiot or lunatic.
(p)That the execution is not admitted by the executant
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personally, or by any one of the several representatives, left by a deceased executant, vide Section 35 of the Act. (q)That, in the case of wills and authorities, to adopt presented after the death of the testator or donor, the execution is not proved, vide Section 41 of the Act. (r)That fees and fines, having been demanded, have not been paid, vide Sections 25, 34 and 80 of the Act.(s) If the document being a lease of immovable property has not been executed by both the lessor and the lessee after it has been returned for amendment under clause (k) of Rule 19."
6. The impugned order dated 17.03.2026, Annexure P-1 is examined in the light of aforestated statutory provision. When the Sub- Registrar proposes to return the document for any of the reasons enumerated in Rule 19, it is expected that the concerned parties be apprised of the reasons for declining the registration of the document so that the party concerned may rectify the defect or lacuna so informed. But, the impugned order dated 17.03.2026 does not reflect any such reason. Although there is provision of appeal under Rule 37 of the Rules, yet impugned order is apparently without any reason. The Registrar has failed to exercise jurisdiction vested in view of above provisions. There is manifest impropriety bordering illegality in the impugned order. Therefore, in exercise of extraordinary jurisdiction is necessitated for maintaining propriety of the proceeding.
7. Considering these aspects of the matter, the impugned order dated 17.03.2026 is hereby set aside. The Sub- Registrar, Bandhavgarh, Umaria is directed to reconsider the registration of proposed sale deed dated 19.02.2026 strictly in accordance with law and pass a reasoned speaking order. This exercise shall be concluded within a period of one month from the date of production of certified copy of this order. If he considers it
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(SANJEEV S KALGAONKAR)
JUDGE
appropriate to decline the registration, the outcome be communicated immediately to the petitioner.
8. Accordingly, with the aforesaid direction, the writ petition is disposed of.
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