Jammu, Jan 9: There are general complaints that some Sub registrars are misusing their powers in Registration of Documents.
Sub Registrars also refuse to enter registration papers for Gair mumkin Khad lands by providing an illegal order of FCR dtd 22nd Oct 2020, which even stands even clarified the FCR in MoM of 4th Nov 2020 & Land Revenue Act quoted was reappealed by MHA in SO-3808 of 2020 dtd 26th Oct 2020, which was uploaded in SRO dtd 4th Nov 2020.
However , The High Court has held that the Registration Act, 1908 gives a Sub-Registrar only two lawful courses, register the document or refuse registration under the statute and does not permit a third option of telling citizens to “wait for further instructions.” Justice Rahul Bharti, while deciding WP(C) No. 3618/2025 (Angrez Singh through attorney Ashok Kumar & Anr. vs Inspector General Registration, Jammu & Ors.), took exception to a communication issued by the Sub-Registrar, Hiranagar (No. SDM/H/SRO/2025-26/927 dated 27.11.2025) in connection with a sale deed dated 25.11.2025 presented for registration.
As recorded by the Court, petitioner Angrez Singh, acting through his registered attorney Ashok Kumar (GPA dated 12.11.2018), executed the sale deed in favour of petitioner No.2 relating to land in village Chak Haria, tehsil Marheen, district Kathua, and presented it for registration along with requisite revenue documents including fard intikhab jamabandi. The impugned communication stated that clarifications had been sought from higher authorities on documents involving land owned under Government Order No. REV (LB) 202 of 2007 dated 12.06.2007, citing a clause about prior Government permission for alienation, and advised the petitioners to “wait further instructions” till directions were received from the office of the Additional Inspector General of Registration.
The High Court rejected this approach observing that the Registration Act’s scheme does not allow such luxury to a registering authority to suspend decision-making, especially when a refusal order is appealable under Section 72, which itself indicates that a Sub-Registrar cannot keep matters pending while seeking clarifications from superiors.
