Delhi cannot give power to a Registrar through a circular to cancel registration of a document

Delhi cannot give power to a Registrar through a circular to cancel registration of a document

NEW DELHI: The Delhi High Court said the Aam Aadmi Party (AAP) government cannot give power to a Registrar through a circular to cancel registration of a document when such a provision does not exist in the statute dealing with such transactions.nnA bench of Chief Justice Rajendra Menon and Justice V K Rao issued notice to the Delhi government and sought its response to a PIL by an NGO challenging a 2016 circular giving Registrars the power to de-register or cancel a registered document in case of a fraud or false personation.nnIt also asked the government to provide details of the number of registered documents that have been cancelled since the circular came into effect in 2016 and listed the matter for further hearing on September 19.nnThe bench said the Supreme Court has already held that there was no power of cancellation of a registered document and the only remedy was to initiate criminal or civil proceedings.nnThe high court said that a Registrar can cause an enquiry to be held into the alleged fraud or false personation by lodging an FIR, with the consequences following thereafter.nn”There is no express provision in the Registration Act to cancel a document. In view of the SC decision, you (Delhi government) cannot by a circular give the Registrar the power to cancel (registration of) a document,” it said.nnThe bench said it can uphold the circular to the extent that it pertains to initiating proceedings for the alleged fraud or false personation and asked Delhi government standing counsel Ramesh Singh to take instructions on the issue.nnSource: Press Trust of India

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