n a significant ruling concerning LPG distributorship and document registration, the Rajasthan High Court’s Jodhpur bench reaffirmed that while Section 47 of the Registration Act governs the time from which a registered document operates, it cannot override mandatory deadlines for document submission.
Understanding Section 47 of the Registration Act
Section 47 of the Registration Act states that a registered document shall take effect from the date of its execution, not from the date of registration. However, the court clarified that this provision applies only to the rights between the parties to the document and cannot nullify statutory submission deadlines.
"The effect of Section 47 of the Registration Act cannot be stretched to obliterate the requirement of submitting a registered lease deed on or before 24th May 2023," the bench noted.
Case Background
The appeal was filed by Mr. Abhishek Agrawal, who was denied LPG distributorship by Bharat Petroleum Corporation Limited (BPCL) for submitting a lease deed registered after the cut-off date. Despite executing the lease deed on March 23, 2023, the registration took place on May 27, 2023 — beyond the deadline.
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BPCL contended that according to the 'Manual for Selection of LPG Distributorship,' land documents had to be registered on or before the last date of application submission. They argued that the lease deed’s registration date, not its execution date, determined compliance with the guidelines.
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The division bench, comprising Justice Shree Chandrashekhar and Justice Kuldeep Mathur, upheld BPCL’s stance, emphasizing that procedural requirements must be strictly followed.
"An executive authority must be rigorously held to the standards by which it professes its actions to be judged," the court said, referencing the Supreme Court's decision in Ramana Dayaram Shetty v. International Airport Authority.
The court cited multiple precedents, including Nazir Ahmed v. King Emperor, which ruled that when a power is given to do something in a particular way, it must be done in that way or not at all.
"The lease deed, registered after the deadline, could not be considered valid for selection purposes," the judgment stated.
Case Title: Abhishek Agrawal v Bharat Petroleum Corporation Limited & Anr.
For Appellants: Mr. Manoj Bhandari assisted by Mr. Aniket Tater
For Respondents: Ms. Abhilasha Bora