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2013 Supreme(Gau) 596

I.A.ANSARI
Nikhil Tripura Deed Writers Welfare Association – Appellant
Versus
State of Tripura – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff: Mr. A.K. Bhoumik, Sr. Adv., Mr. R. Datta, Mr. A. Das, Mr. B. Bhattacharjeeand Ms. M. Choudhury
For Respondents/Defendant: Mr. B. Das, Sr. Adv., Mr. N.C. Pal, Sr. Govt. Adv. and Mr. D.C. Nath

JUDGMENT

I.A. Ansari, J.

1. The petitioner No. 1 is a society consisting of licensed Deed Writers, at Udaipur, South Tripura, and registered under the Societies Registration Act, 1860, with its head office, at Agartala, and the petitioner No. 2 is the Secretary of the said society. The petitioners have put to challenge, by making this writ petition, tinder Article 226 of the Constitution of India, the circular/order, dated 30-03-2011, issued by respondent No. 2, namely, District Registrar (Addl. District Magistrate & Collector), Udaipur, South Tripura. as ultra vires and untenable in law. For the purpose of proper appreciation of the issues involved, the circular/order, in question, is reproduced below:

Government of Tripura

Office of the District Registrar

South Tripura, Udaipur

To,

The Sub-Registry Officer,

Udaipur/Amarpur/Belonia/Sabroom,

South Tripura.

Subject:--

Registration of Deed-thereof.

Sir,

It is reported that proper procedure is not followed while executing Registration. As for example, a co-sharer of land is easily selling his land to buyer without presenting bantannama and such deed has been executed even without consent of all co-sharers.

2. That a seller not having possession o


































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