Administrative Authorities Cannot Cancel Registered Instrument, It Can Only Be Cancelled By A Competent Court: Allahabad HC Reiterates
The Allahabad High Court, Lucknow Bench, reiterated that a registered instrument could only be canceled by a Competent Court of Law and could not be canceled by Administrative Authorities.
“It is a settled law that a registered instrument cannot be cancelled by the authorities on the administrative side and the same has to be cancelled by initiating a proceeding before the Competent Court of Law and the said controversy has also attained finality by the Full Bench judgement of this Court in the case of Smt. Kusum Lata (Supra)”, the Bench comprising Justice Vivek Chaudhary and Justice Manish Kumar noted.
Advocates Upendra Nath Misra and Rajat Rajan Singh appeared for the Petitioner, and Advocates K.S Pawar, Mahesh Chandra, Ninnie Shrivastava, and R.K. Mehrotra appeared for the Respondents.
The Petitioner filed a Writ Petition challenging the order issued by the Second Respondent whereby the sale deed registered in favor of the Petitioner was canceled and directed him to hand over the possession of the property to Avas Evam Vikas Parishad (AEV Parishad).
The Court noted that neither any show cause notice was issued to the Petitioner prior to the passing of the impugned order nor was he afforded an opportunity of hearing. The Court referred to the case of Smt. Kusum Lata v State of U.P. & 3 others [Writ-C No.2973 of 2016].
Accordingly, the Court allowed the Writ Petition and set aside the impugned order.
Cause Title: Vijay Kumar Varma v U.P. Avas Evam Vikas Parishad (Thru Chairman/H.C) And 3 Ors.
