ORDER :- This is a petition for quashing and setting aside the order of 2nd Respondent i.e. Deputy Collector and Competent Authority (ULC) dated 30-6-1980 refusing the petitioners' application to sanction a transfer of immovable property and directing the 3rd Respondent the Sub-Registrar of Assurances, Bombay, to register the Deed of Transfer dated 31st December 1979 and to issue the certificate of registration under S.60 of the Registration Act.

2. A few relevant facts for the disposal of the petition are as under : One Dadabhoy Sett left a Will dated 18th January 1975 bequeathing an immovable property being Plot No. 24 Worli Estate jointly to the petitioners. The petitioners were also executors of the Will. The said Dadabhoy Sett died on 5-4-75. On 12th December 1975, the Petitioners as Trustees and Executors of the estate of the said deceased Dadabhoy obtained probate to the said Will. As a result of the probate amongst the other properties of the deceased the lands which were the subject-matter of the petition vested in the petitioners. Under the Will, the two petitioners as legatees were entitled to the said lands as tenants in common in equal shares. On 13th December 1979 the petitioners as executors executed a deed of transfer transferring the lands to themselves as legatees as tenants-in-common. On the very day they made an application under Section 27 (2) of the Urban Land (Ceiling and Regulation) Act to the 2nd respondent for permission to transfer the said lands. On 10th January 1980, they lodged a deed of transfer with Respondent No. 3 being the Sub-Registrar of Assurances, Bombay, for admitting execution of the deed under Sr. No. 66/80. On the said application the Sub-Registrar made an endorsement saying that Income-tax certificate under Sec. 230A of the Income-tax Act and N.O.C. i.e. No Objection Certificate under S.27 of the Urban Land (Ceiling and Regulation) Act, was required to be produced. On 21st January 1980, the petitioners made an application to Respondent No. 2 for No Objection Certificate under S.27 of the said Act and as the receipt of the application (being Ex. 'E' to the petition) shows that on 24th January 1980, the office of the 2nd respondent had received the said application. The 2nd Respondent by his letter dated 1st February 1980 asked the petitioners to furnish certain information asked for therein. Item 8 therein which is relevant was the site plan (Block Plan) in triplicate drawn to the scale and showing therein the buildings and their appurtenant land distinctly alone with the details of their areas in sq. metres. He also pointed out that if the petitioners failed to furnish the above information or documents within 20 days from the date of the receipt of the letter, the application may be rejected. The petitioners did not reply to the said letter as according to them S.27 was not applicable to them as their lands did not come within the ceiling. On 4-3-1980, the petitioners by their advocate's letter forwarded to respondent No. 3 a certificate under S.230-A of the Income-tax Act. The petitioners' Advocate by his letter dated 3rd July 1980 requested Respondent No. 3 to register the deed as requisitions were complied with. However, Respondent No. 2 by his order dated 30-6-1980 rejected the petitioners' application under S.27. By his letter dated 24th July 1980, the petitioners' advocate called upon the Registrar to register the deed forthwith and to issue a notice dated 25th September 1981 to that effect. Respondent No. 3 by his letter dated 30th September 1980 pointed out to Respondent No. 2 that according to the petitioners' advocate's letter dated 25th September 1981, no permission was required under S.27 (4) of the Urban Land (Ceiling and Regulation) Act, 1976 and requested the said Deputy Collector to enlighten him in the matter. The present petition challenges the said order of the 2nd respondent dated 5-7-80 refusing to grant sanction under S.27 of the Ceiling Act, and the Sub-Registr

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