1 Rule, with the consent of the learned counsel for the parties made returnable forthwith and heard.

2 The learned Senior Counsel appearing for the Petitioner seeks leave to amend prayer clause (b) so as to correct the year 2012 to 2011. Leave granted. Amendment to be carried out forthwith.

3 The writ jurisdiction of this Court under Article 226 of the Constitution of India is invoked against the order dated 10.07.2012 passed by the Controller of Stamps Mumbai. By the said order, the Petitioner has been communicated the stamp duty as well as the penalty payable for registration of the document in question. However, what the Petitioner is aggrieved by is Clause 4 of the said order, which reads thus:

“4) In view of the G.R.Kra.K./4/Pra.K/617/2011/3008 dated 22-12-2011 issued by the Hon'ble Registrar and Controller of Stamps, Pune, since the present deed is executed on 6/08/2011, the same cannot be registered under the provisions of India Registration Act, 1908 which please note.”

The document which the Petitioner wanted to get registered is the consent decree which has been passed on the basis of the consent terms between the parties in S.C.Suit No.135/2008 in the Bombay City Civil Court. The said consent decree was passed on 17.08.2011. The Petitioner had applied for a certified copy of the same on 2.09.2011 and a certified copy was furnished to the Petitioner on 4.10.2011. The consent decree was lodged for registration on 27.12.2011 and after it was so lodged, the adjudication in respect of the stamp duty and penalty payable was computed and communicated to the Petitioner on 10.07.2012.

4 In the context of the challenge which is raised in the Petition, it would be relevant to note the provisions of Section 23 of the Registration Act, 1908, the same are reproduced hereinunder:

“23. Time for presenting documents Subject to the provisions contained in sections 24, 25 and 26, no document other than a will shall be accepted for registration unless presented for that purpose to the proper officer within four months from the date of its execution:

PROVIDED that a copy of a decree or order may be presented within four months from the date on which the decree or order was made or, where it is appealable, within four months from the day on which it becomes final.

(emphasis supplied)

17[23A. Re-registration of certain documents :

Notwithstanding anything to the contrary contained in this Act, if in any case a document requiring registration has been accepted for registration by a Registrar or Sub-Registrar from a person not duly empowered to present the same, and has been registered, any person claiming under such document may, within four months from his first becoming aware that the registration of such document is invalid, present such document or cause the same to be presented, in accordance with the provisions of Part VI for re-registration in the office of the Registrar of the district in which the document was originally registered; and upon the Registrar being satisfied that the document was so accepted for registration from a person not duly empowered to present the same, he shall proceed to the re-registration of the document as if it has not been previously registered, and as if such presentation for re-registration was a presentation for registration made within the time allowed therefor under Part IV, and all the provisions of this Act, as to registration of documents, shall apply to such re-registration; and such document, if duly re-registered in accordance with the provisions of this section, shall be deemed to have been duly registered for all purposes from the date of its original registration:

PROVIDED that, within three months from the twelfth day of September, 1917, any person claiming under a document to which this section applies may present the same or cause the same to be presented for re-registration in accordance with this section, whatever may have been the time when he first became aware that the re