LexSAMIULLAH versus THE STATE OF BIHAR & ORS.
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[2025] 11 S.C.R. 448 : 2025 INSC 1292 Samiullah v. The State of Bihar & Ors. (Civil Appeal No. 13429 of 2025) 07 November 2025 [Pamidighantam Sri Narasimha and Joymalya Bagchi, JJ.] Issue for Consideration Issue arose as regard the sub-rules (xvii) and (xviii) to r.19 of the Bihar Registration Rules, 2008 empowering registering authorities to refuse registration of documents, if proof of mutation of the property under sale in favour of the vendor not produced along with the registering document if ultra vires the Act. Headnotes† Bihar Registration Rules, 2008 – r.19 (xvii) and (xviii) – Refusal of duly presented document – Sub-rules (xvii) and (xviii) introduced by way of amendments to r.19 empowering registering authorities to refuse registration of documents, if proof of mutation of the property under sale in favour of the vendor is not produced along with the registering document – Effect of the amended sub-rules that registering authorities can refuse registration of an otherwise validly presented document on the ground that it did not mention and carry the proof of jamabandi allotment or holding allotment in favour of the seller, it is now a condition precedent to get jamabandi or holding allotment certificate under the Bihar Land Mutation Act, 2011 or allied laws for sale or transfer of immovable property – Writ petition by the appellants challenging the vires of sub-rules (xvii) and (xviii) of r.19 on the ground that the addition of sub-rules (xvii) and (xviii) ultra vires the Act and beyond the scope of s.69(1)(a)(aa) – Dismissed by the High Court – Correctness: Held: : Impugned sub-rules are ultra vires the rule making power u/s.69 of the Act – As the said sub-rules tilt the balance and empower the registering authorities to produce collateral evidence of title to the property as a pre-condition for registration, such a measure, through subordinate legislation, is against the purpose and object of the Act – Requirement under the impugned sub-rules is arbitrary as [2025] 11 S.C.R. 449 Samiullah v. The State of Bihar & Ors. the process of mutation and its certification is uncertain and virtually unavailable in near future, as the Bihar Mutation Act, 2011 and the Bihar Special Survey and Settlement Act, 2011 are said to be nowhere near implementation – Intention of the State to synchronize the registrable document with real time land holding is appreciated, there is a big missing link given that the process of mutation and the process of survey and settlement are nowhere near completion – Under these circumstances and considering the nascent stage at which the empirical data is translated as mutation into the relevant records and the fact that for this purpose survey and settlement are to be conducted, interlinking and restraining registration till the jamabandi or holding allotment is effected would be illegal, as it has a direct impact on the right and freedom to purchase and sell property – Requirement of rules, regulations or even law that impedes or restrains easy and effective transfer of property will be illegal as it has the direct effect of ‘depriving of property’ to that extent, and such delays, caused due to unreasonable and arbitrary restrictions, impinge the right to hold and dispose of property – Thus, the prescription of mentioning and production of jamabandi allotment or holding allotment as a pre-condition for registration of a legally presented document under impugned sub-rules 19 (xvii) and (xviii) is arbitrary and illegal and as such, liable to be set aside – Judgment and order passed by the High Court set aside and the Notification introducing r.19 (xvii) and (xviii) quashed – Registration Act, 1908 – s.69(1)(a)(aa). [Paras 2, 25, 29, 38] Bihar Registration Rules, 2008 – r.19 (xvii) and (xviii) – Distinction between the sub-rules (i) to (xvi) and the subrules (xvii) and (xviii) of r.19 of the 2008 Rules – Explained. [Paras 9-13] Registration Act, 1908 – s.69 – Scope of rule-making power u/s.69 – Sourcing the rule-making power under other provisions of the Registration Act – Stated. [Paras 14-25] Transfer of Property Act, 1882 – Registration Act, 1908 – Stamp Act, 1899 – Dichotomy between registration and title – Existing legal structure – Problems relating to the legal structure – Explained. [Paras 30-33] Property laws – Dichotomy between registration and ownership – Inefficiencies and vulnerabilities in recording the real-es
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