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JUDGMENT :
MANJUSHA DESHPANDE, J.
1. Rule. Rule made returnable forthwith. The matter is taken up for final disposal with the consent of parties.
2. Both these Writ Petitions challenge the order passed by the District Registrar and Additional Collector of Stamps, Pune, passed in exercise of powers under Section 72 of the Registration Act, 1908, refusing to register the sale deed vide orders dated 21.12.2021 and 24.03.2021, in Appeal Nos. 188 of 2021 and 63 of 2021, respectively. The subject matter of the Writ Petition is plot Nos. 21 and 22 situated at village Talavade, Taluka Haveli, District–Pune. The Registration Authority has refused to register the sale deed executed in respect of these two residential plots on the ground that the land allegedly constitutes a fragment, thus affected by the provisions of the Maharashtra Prevention of Fragmentation and Consolidation of Holdings Act, 1947.
3. The other objection is that the land is situated in a Red Zone, hence requires permission of the competent authority. The impugned order also raises an objection that, the sale deed is of the plot of land from the private layout, for which the Non-Agricultural permission is not obtained. Since b
The impugned circular and Rule 44(1)(i) were found to be contrary to sections 34 and 35 of the Registration act, 1908 and beyond the legislative competence of the respondents.
The court upheld the refusal to register documents due to ongoing consolidation proceedings, emphasizing the necessity of obtaining prior NOC from the Consolidation Officer as required by relevant st....
A Sub-Registrar cannot refuse registration of a deed based on questions of title or procedural delays in payment of stamp duty, as these are outside their jurisdiction.
The Registering Authority cannot refuse to register a sale deed based on title disputes; procedural compliance is sufficient for registration under the Registration Act.
The Sub-Registrar's powers to refuse registration are limited to specific grounds outlined in the Registration Act, and any refusal based on arbitrary reasons or external pressures is unlawful.
Section 30 of the East Punjab Holdings (Consolidation and Prevention of Fragmentation) Act, 1948, which provides as Transfer of property during Consolidation Proceedings.
The registering authority must register a deed if all legal requirements are met, regardless of third-party objections regarding title, reaffirming the administrative role of the registration process....
The registering officer has no authority to withhold a registered document after the completion of the registration process, and any refusal must be based on clear legal grounds.
The Sub-Registrar must independently decide on the registrability of a deed without needing clarification from the District Registrar, as their investigation into title is not permissible under law.
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