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2008 Supreme(Bom) 875

V.M.KANADE, SWATANTER KUMAR
Sundarsons – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared
Mr. T.N. SUBRAMANIAN a/w. Mr. PARITOSH J AISW AL, i/b Purnanand & Co. for Petitioner. Mr. K.R. BELOSEY - A Panel Counsel for State. SANJA Y KOT AK, with SNEHAL SHAH with MANISH PAREKH & BRIJESH UPADHYAY, i/b Purnanand & Co. for Petitioner in W.P. Nos. 1503107, 2121107,1559/07 & 2120107.

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.























































































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