Statutory time limits for registration can be excluded when delays result from external restraints beyond the party's control.

Judgment :

Dr. Neela Gokhale, J.

1. Rule. Rule made returnable forthwith. With the consent of all the parties, heard finally. Both the Petitions involve the same question of law on identical facts and hence both the Petitions are being disposed by this Judgment and Order.

2. This Writ Petition under Article 226 of the Constitution of India assails orders dated 16^th June 2025 passed by the Respondent No.2- Sub-Registrar of Assurances-I, Jat, District -Sangli, bearing Outward No. Document registration/ 162/2025 & 163/2025 and also seeks a direction to the Respondent No.2 to register two Agreements for Sale, both dated 6^th March 2018 executed by and between the Petitioner and Vidhyarthi Sahayak Mandal, Sangli, under the provisions of the REGISTRATION ACT of 1908.

3. The Petitioner’s case is that a trust namely Vidhyarthi Sahayak Mandal, Sangli desirous of selling its properties sought permission of the Joint Charity Commissioner, Kolhapur Region, Kolhapur to transfer its properties to the Petitioner by making an Application No.103/2017, under the provisions of the Maharashtra Public Trusts Act, 1950. The Joint Charity Commissioner by its order dated 31^st January 2018 allowed the Application and granted permission to the trust to alienate its properties to the Petitioner herein.

4. Pursuant to the said order, certain legal proceedings ensued, initiated by parties having adverse interest and a series of Writ Petitions were filed and pending before this Court. By order dated 26^th April 2018, this Court in one of the Writ Petitions had directed that till the next date, the trust shall not execute any deed of conveyance in favour of the newly impleaded parties in those Petitions. According to the Petitioner, however, the Agreements for Sale was already executed by and between the parties on 6^th March 2018. Because of the litigation pending before this Court, the said agreements were not lodged for registration with the Respondent No.2. On 8^th May 2025, this Court dismissed the Writ Petitions pending before it and the Ad- interim relief as above was vacated. In these circumstances, the Petitioner presented the Agreements for Sale for registration, before the Respondent No.2 on 16^th June 2025. In the meantime, on 30^th May 2025, the Petitioner deposited the necessary stamp duty with the Collector of Stamps, Sangli pursuant to the order of adjudication dated 22^nd February 2019 passed by the Competent Authority. The necessary endorsement under Section 41 of the Maharashtra Stamp Act, 1958 was made by the Collector of Stamps on the said documents.

5. However, the Respondent No.2 refused to register the Agreements for Sale presented to him for registration on the ground that under Section 23 of the REGISTRATION ACT of 1908, the statutory time for presenting documents for registration is four months from the date of its execution. Since the documents sought to be registered were executed on 6^th March 2018 and presented on 16^th June 2025, the Registrar had no power to register the said documents beyond the prescribed period as mandated by law. It is this order of 16^th June 2025 which is assailed by the Petitioner in the present Petitions.

6. Mr. Prerak Shah, learned counsel appears for the Petitioner and Ms. M. S. Bane, learned AGP represents the State.

7. Heard both the counsels and perused the records with their assistance.

8. It is not in dispute that the Agreements for Sale were executed on 6^th March 2018 and the same were presented on 16^th June 2025 i.e. after a period of more than seven years after its execution. It is also undisputed that there were proceedings pending before this Court in respe