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2016 Supreme(Bom) 69

VASANTI A.NAIK, A.S.CHANDURKAR
Laxmi Ishwar More – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Shri A. R. Ingole, counsel for the petitioner.
Shri Nikhil Joshi, Assistant Government Pleader for the respondents.

Judgment :

A.S.Chandurkar, J.

1. In view of notice for final disposal, the learned counsel for the parties have been heard at length by issuing Rule and making the same returnable forthwith. The petitioner has challenged the communication dated 03/02/2015 issued by the respondent No.2 to the respondent Nos.3 and 4 directing the said Authorities to first verify as to whether the transactions that are sought to be registered are preceded by appropriate orders passed for conversion of the subject property sought to be transferred and whether the same is located in a sanctioned lay out. It is the case of the petitioner that on 03/06/2015 when she had been to the office of the respondent No.2 for having a sale deed registered, it was informed to her that in view of the communication dated 03/02/2015, the registration of her sale deed could not be undertaken on the ground that the property in question was not within a sanctioned layout.

2. Shri A. R. Ingole, the learned counsel for the petitioner submitted that the action on the part of the respondent No.4 in refusing to register the sale deed was contrary to law in as much as registration of the document could not be refused on the ground






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