Revenue Sites Registration cannot be rejected or refused by the Sub-Registrars
A Division Bench comprising Chief Justice Subhro Kamal Mukherjee and Justice B.V. Nagarathna passed the order while allowing petitions filed by C. Ramachar and others, who had questioned the circulars issued by the government on April 9, 2009 and April 3, 2012 banning registration of certain types of properties,(Revenue Sites) including revenue sites and gramathana sites, and imposing conditions for registration.
The Karnataka High Court on Friday declared that a sub-registrar cannot assume the powers of a court or an authority to come to the conclusion that a transaction is prohibited under a particular enactment and thereby prohibit its registration. Terming that the government has no power to deny registration of documents listed under Registration Act as the apex court in 2005 had set aside such laws enacted by many States, including Karnataka, the Bench said that there is machinery for invalidating the transfer of immovable properties in violation of the law, including penal provisions under different laws.