Provision Introduced Through Bihar Amendment Act, 1991 Struck Down; Government Notification Dated August 26, 2015, and Related Orders of Registration Department Also Quashed
Ranchi, November 12, 2026: In a significant ruling concerning land registration in Jharkhand, the Jharkhand High Court has declared Section 22A of the Registration Act, 1908, unconstitutional and struck it down. The provision, introduced through the Bihar Amendment Act, 1991, was subsequently adopted in Jharkhand. The High Court has also quashed the state government's notification dated August 26, 2015, along with the related orders issued by officials of the Registration Department under this provision.
A Division Bench comprising Chief Justice M.S. Sonak and Justice Manoj Prasad delivered the judgment on a writ petition filed by Kaushlendra Kumar Singh, a resident of Hering village under Hunterganj police station in Chatra district. He had challenged the constitutional validity of Section 22A in 2016. Advocates Indrajeet Sinha and Ankit Vishal, appearing for the petitioner, informed the court that a coordinate bench of the High Court had already delivered a judgment on May 1, 2025, in W.P.(C) No. 5088/2018 and connected petitions concerning the same issue.
The Division Bench also referred to the landmark Supreme Court judgment in *State of Rajasthan vs. Basant Nahata (2005)*. In that case, the Supreme Court had declared a similar amendment to the Registration Act unconstitutional. The apex court had observed that the concept of public policy is vague and uncertain and cannot be used as a basis for granting arbitrary powers to the executive to restrict property registration. It had also emphasised that legislative provisions must conform to constitutional principles and remain subject to judicial review.
During the hearing, the state government informed the High Court that it had filed a Special Leave Petition (SLP) before the Supreme Court challenging the coordinate bench's judgment dated May 1, 2025. However, the Supreme Court had not granted any interim relief in the matter so far. Considering the earlier High Court judgment and the legal principles laid down by the Supreme Court in the Basant Nahata case, the Division Bench proceeded to decide the present petition.
The High Court quashed Section 22A, the government notification dated August 26, 2015, and the related orders passed by Sub-Registrars and other officials of the Registration Department under the provision. The order dated February 17, 2016, passed in the petitioner's case was also set aside. While allowing the petition, the court kept all other issues open. The judgment removes the legal basis for registration restrictions imposed under Section 22A, although restrictions arising under other applicable laws and independent property disputes will not automatically cease to operate.
