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2012 Supreme(Guj) 275

S.R.BRAHMBHATT
RAJIV MAHESHKUMAR MEHTA – Appellant
Versus
STATE OF GUJARAT NOTICE TO BE SERVED THROUGH – Respondent


Advocates appeared:
MR DEVEN PARIKH, Ld. Sr. Counsel with MR NIRAV P SHAH for Petitioners: 1 - 4.
MS. SANGITA VISHEN, LD. AGP for Respondent: 1,
NOTICE SERVED for Respondents: 2 - 3.

JUDGMENT

1. Heard learned counsel for the petitioners in this group of petitions. Rule. Ms. Sangita Vishen, learned AGP waives service of notice of rule for Respondent State in all the petitions. Rule is fixed forthwith. As the counsels have agreed for final disposal, these matters were taken up for final hearing.

2. In this group, three petitions have been filed by respective petitioner for redressing Circular dated circular dated 8/12/2010 and 7/1/2012 under Article 226 of the Constitution of India issued by the respondents, which according to the petitioners amounted to imposing undue, unwarranted and illegal restrictions upon the petitioners right to have registration in accordance with the provision of section 70 of The Registration Act 1908. As all the petitioners are involving common challenge on common grounds, they were heard together and are being disposed of by this common judgment & order.

3. The petitioners have entered into an agreement for sale of property which have been directed in the respective agreement and when they presented these documents for registration, on the strength of the impugned circulars the insistence was made to comply with the conditions mentioned
























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