Circulars banning revenue site registration quashed

BENGALURU: The high court on Friday quashed the circulars issued by government in April 2009 and April 2012 banning/restricting registration of revenue sites in and around Bengaluru under the Registration Act, 1808.
"Circulars issued on April 6, 2009 and April 3, 2012 are based on section 22A, which was already termed illegal. All other circulars issued under section 22A from time to time are also quashed," a division bench of Chief Justice SK Mukherjee and Justice BV Nagarathna observed in their order while allowing the PIL.
"Sub-registrars cannot assume powers of a court or an authority to come to the conclusion that the transaction is prohibited under a particular enactment and thereby prohibit its registration.Then it could be a case of 'putting the cart before the horse'," the bench observed.
The petitioners contended that the circulars were issued as per Section 22A of the Registration Act, which was struck down by the Supreme Court in 2005 itself.