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2023 Supreme(MP) 731

VIVEK RUSIA
Balkrishna Developers Through Vipul Mahajan – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
Sagar Soni, Advocate, Pradyumna, Advocate
Final Result : Disposed Of

JUDGMENT

Vivek Rusia, J. - The petitioner has filed the present writ petition being aggrieved by the order dated 23.2.2023 (Annexure P/5) passed by the Sub Registrar by which he has refused to register the sale deed produced by petitioner on the ground that as per the provisions of Section 165 (6-a) of M. P. Land Revenue Code, the sale deed can be registered only after obtaining permission from the competent authority.

2. The case of petitioner is that no permission under Section 165 (6-a) of the Code is required and that respondent No.2 has passed the impugned order without giving any opportunity of hearing to the petitioner.

3. When the matter is taken up today, counsel for petitioner has submitted that the issue involved in the present case is squarely covered by order of this Court dated 25.9.2013 in the matter of Kiran Khode Vs. State of M. P. & Others passed in W.P. No.10704/2013.

4. Counsel for respondents/State has not disputed this aspect of the matter. This Court in the matter of Kiran Khode (Supra) has held as under:-

    "3. From perusal of record, it appears that while refusing to register the document neither any opportunity of hearing was given to the petitioner nor documents

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