SAMIULLAH versus THE STATE OF BIHAR & ORS.

SAMIULLAH versus THE STATE OF BIHAR & ORS.

Sub-rules (xvii) and (xviii) of Rule 19 of the Bihar Registration Rules, 2008 are ultra vires the rule-making power under Section 69 of the Registration Act, 1908 and are arbitrary because they empower registering authorities to require mention and production of jamabandi or holding allotment as a pre-condition for registration, thereby effectively requiring collateral evidence of title and unreasonably impeding transfer of property while the mutation and survey processes are incomplete; the Notification introducing these sub-rules is quashed and the High Court judgment set aside.

Parties
Appellant: Samiullah; Respondent: The State of Bihar & Ors.
Jurisdiction
India
Judgment Date
07 November 2025
Procedural Posture
Civil Appeal / Appeal From High Court Judgment Dismissing Writ Petitions (high Court of Judicature at Patna Order Dated 09.02.2024)
Outcome
Appeals allowed; judgment and order of the High Court set aside; Notification quashed
Legal Topics
Rule Making Power Under Section 69, Ultra Vires Challenge to Subordinate Legislation, Jamabandi/holding Allotment Requirement, Dichotomy Between Registration and Title, Digital Land Records and Blockchain
Registration of Documents Property Law Land Records Administrative Law Technology and Law Rule Making Power Under Section 69 Ultra Vires Challenge to Subordinate Legislation Jamabandi/holding Allotment Requirement +2 more

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Parties

Samiullah

Appellant

The State of Bihar & Ors.

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment Dismissing Writ Petitions (high Court of Judicature at Patna Order Dated 09.02.2024)

Legal Issues

  1. 1 Whether sub-rules (xvii) and (xviii) of Rule 19 of the Bihar Registration Rules, 2008 are intra vires the rule-making power under Section 69 of the Registration Act, 1908
  2. 2 Whether the impugned sub-rules impermissibly empower registering authorities to refuse registration for lack of jamabandi/holding allotment and thus effectively require proof of title
  3. 3 Whether making jamabandi/holding allotment a pre-condition for registration is arbitrary given the incompleteness of surveys and mutation processes in Bihar

Ratio Decidendi

Sub-rules (xvii) and (xviii) of Rule 19 of the Bihar Registration Rules, 2008 are ultra vires the rule-making power under Section 69 of the Registration Act, 1908 and are arbitrary because they empower registering authorities to require mention and production of jamabandi or holding allotment as a pre-condition for registration, thereby effectively requiring collateral evidence of title and unreasonably impeding transfer of property while the mutation and survey processes are incomplete; the Notification introducing these sub-rules is quashed and the High Court judgment set aside.

Court Disposition

Appeals allowed; judgment and order of the High Court set aside; Notification quashed

Orders

  • Civil Appeals arising out of Diary Nos. 12674 of 2024 and 18064 of 2014 allowed
  • Judgment and order dated 09.02.2024 of the High Court of Judicature at Patna set aside