IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2111 OF 2022

1. Govind Ramling Solpure Age: 44 Years, Occu: Agri/Business, R/o Plot No.540, Cidco Mahanagar, Aurangabad-431001.

2. Prakash Pralhad Gadgul Age: 34 Years, Occu: Agri/Business, R/o Karodi, Tq. Aurangabad, Dist. Aurangabad.

3. Krushana Raosaheb Pawar Age:44 Years, Occu:Agri/Business, R/o Plot No. 540, Cidco Mahanagar, Aurangabad. ...Petitioners.

Versus

1. The State of Maharashtra, Through its Secretary, Revenue and Forest Department Office at : Mantralaya, 6th Floor, Madame Cama Road, Mumbai-400032.

2. The Advocate General of Maharashtra Office of the Advocate General, Maharashtra State, Room No.5, Extension Building, PWD, 1st Floor, Bombay High Court, Mumbai 400 032.

3. The Inspector General of Registration and Controller of Stamps, State of Maharashtra, Office at : Ground Floor, Opposite Vidhan Bhavan (Council Hall), New Administrative Building, Pune 411001.

4. The Inspector of Stamp Duty, Aurangabad, District Aurangabad Behind Office of District Collector, Aurangabad, Aalamgir Colony, St Colony, Collector Office Campus, Aurangabad, Maharashtra-431003.

5. The Joint District Sub Registrar-I Aurangabad, District Aurangabad, Behind Office of District Collector, Aurangabad, Aalamgir Colony, St Colony, Collector Office Campus, Aurangabad, Maharashtra-431003.

6. The Joint District Sub Registrar-II Aurangabad, District Aurangabad, Behind Office of District Collector, Aurangabad, Aalamgir Colony, St Colony, Collector Office Campus, Aurangabad, Maharashtra-431003.

7. The Joint District Sub Registrar-III Aurangabad, District Aurangabad, Behind Office of District Collector, Aurangabad, Aalamgir Colony, St Colony, Collector Office Campus, Aurangabad, Maharashtra-431003.

8. The Joint District Sub Registrar-IV Aurangabad, District Aurangabad, Behind Office of District Collector, Aurangabad, Aalamgir Colony, St Colony, Collector Office Campus, Aurangabad, Maharashtra-431003.

9. The Joint District Sub Registrar-V Aurangabad, District Aurangabad, Behind Office of District Collector, Aurangabad, Aalamgir Colony, St Colony, Collector Office Campus, Aurangabad, Maharashtra-431003. ....Respondents.

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Mr. Rameshwar Totla, Mr. Rahul Totla, Mrs. Riya Jariwala, Mr. Swapnil Lohiya, Mr. Rajat Malu, Advocates for petitioners.

Mr. D.R. Kale, Government Pleader for respondent Nos. 1 to 9.

...

CORAM : R. D. DHANUKA &

S. G. MEHARE, JJ.

RESERVED ON : 18/04/2022 PRONOUNCED ON : 05/05/2022 JUDGMENT : [PER R.D. DHANUKA, J.]

1) Rule. Mr. D.R. Kale, learned Government Pleader waives service on behalf of the respondents. By consent, Rule made returnable forthwith.

2) By this petition under Article 226 of the Constitution of India, the petitioners have prayed for declaration that Rule 44(1)(i) of the Maharashtra Registration Rules, 1961 (hereinafter referred to as ‘Rules’ for short) is contrary to the Registration Act, 1908 and it be struck down. The petitioners have also prayed for quashing and setting aside the impugned circular dated 12.07.2021 issued exercising the power under Rule 44(1)(i) of the Rules.

3) On 30th November 2021 the petitioner No. 1 had presented the sale deeds in respect of plot Nos. 182 to 184 from the land Gat No. 8 situated within the limits of Wadgaon Kolhati Gram Panchayat to Joint Sub-Registrar Class II Aurangabad. The Sub-Registrar, however, refused to register the said sale deeds on the ground that the said sale deeds were in violation of circular dated 12.7.2021 and these sale deeds could be registered only upon obtaining permission from the competent authority.

4) On 19th January 2022 the petitioners presented the said sale deeds for registration at the office of Assistant Sub-Registrar, Class II, Aurangabad. However, the said registering authority also refused to register the said sale deeds on the ground that the said sale deeds were in violation of the impugned circular dated 12.7.2021. The petitioners have thus filed this writ petition for various reliefs.

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