V.M. KANADE J,:- All these petitions can be disposed off by a common Judgment, since, the Petitioners are challenging the circular dated 19th May. 2007 issued by the Collector, Mumbai - Respondent No.2.

By this petition, which is filed under Article 226 of the Constitution of India, the Petitioners are seeking an appropriate writ, order and direction for quashing the impugned circular dated 19th May. 2007 issued by Respondent No.2 and consequential order passed pursuant to the said circular by Respondent No.3, Mumbai Sub-District and for a further direction, directing the Respondent No.3 to register their agreement brought for registration by them, by complying with the provisions of the Registration Act. 1996.

Brief facts in nutshell are as under:

For the sake of convenience the facts in respect of Writ Petition No.1569 of 2007 are mentioned herein. The Petitioner No.1 is a partnership firm and the Petitioner Nos.2 to 5 are the partners of the Petitioner No.1. Petitioner No.6 is a Cooperative Society, registered under the Co-operative Societies Act.

Petitioner No.6 is the owner of plot No.165, 166 and 167 along with the three buildings standing thereon, on property bearing CTS No. 1043. 1043/1, 1043/11 SS III, 4th Cross Road, Opposite Gandhi Maidan. Chembur. Mumbai - 400071.

2. The Petitioner No.1 entered into a development agreement dated 19th August, 2005 with Petitioner No.6, whereby the development rights were granted in favour of the Petitioner No.1. Pursuant to the development agreement, a General Power of Attorney was issued by the Petitioner No.6 Society in favour of Petitioner No.5 and Petitioner No.3.

3. Thereafter, the State Government issued a directive dated 31st October, 2001, directing the Municipal Corporation not to issue development permission without production of an NOC from the Collector/Government.

4. The Respondent No.2, the Collector issued a circular/letter dated 19th May, 2007 by which he has directed the Registering Authority to insist upon an NOC from the Collector before registration of any document. Relying on the said circular dated 19th May, 2007, the Sub-Registrar, Kurla Respondent No.3 herein has refused to register the agreement dated 4th July, 2007.

5. Thereafter for the purpose of development of plot, the Petitioners' Architect approached the Assistant Engineer (Building Proposal) (Eastern Suburbs) of the Municipal Corporation. The Assistant Engineer directed the Petitioners' Architect by order dated 13th September, 2005 to obtain an NOC from the Collector without which the development permission would not be considered.

6. Being aggrieved by the impugned order, the Petitioners filed a petition in this Court vide Writ Petition No.2611 01'2005. The Hon 'ble Division Bench by its order dated 24th October. 2005 had passed the following order:

"Pending the hearing and final disposal of the Petition:

i) The Petitioners are directed to deposit a sum of Rs.50,000/- with Respondent No.2 viz. The Collector (M.S.D.), Mumbai towards the Provisional occupancy without prejudice to the rights and contentions of the Petitioners raised in the Writ Petition. Said payment of Rs.50,000/- towards the provisional occupancy is directed to be deposited within two weeks from today;

(ii)The Petitioners are directed to file an undertaking before this Court within two weeks from today that in the event the Petitioners further apply to raise the construction on the said building so constructed on the said land in question, such construction shall be raised in accordance with plan that may be sanctioned by Respondent No.3 viz. the Municipal Corporation of Greater Bombay and rent under which the Petitioners occupy the land in question;

iii) Upon production of the receipt of deposit on Rs.50,000/- with Respondent No.2 viz. the Collector (M.S.D.). Mumbai and a copy of a undertaking filed by the Petitioners before this Court, before Respondent No.3 viz. the Municipal Corporation of Greater Bombay, Respondent No.3 shall be free to

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