RAMABEN PANUBHAI PATEL Vs. M B PARMAR

JUDGEMENT

(1.) In this petition under Art. 226 of the Constitution the petitioner challenges the order dated 6-2-1999 passed by the Inspector General of Registration, Gujarat State, rejecting the petitioners' application under Sec. 70 of the Registration Act, 1908 (hereinafter referred to as "the Act') and confirming the order dated 9-10-1998 passed by the Sub-Registrar, Documents under Sec. 34 of the Act levying fine of Rs. 1,02,800.00 for condoning delay in presenting the document for registration.

(2.) . The facts leading to filing of this petition, as averred by the petitioner and briefly stated are as under :-

(3.) On 19-1-1998 petitioner No. 1-Smt. Ramaben Panubhai Patel executed Sale Deed in favour of petitioner No. 2-Smt. Sandhyaben B. Shah for selling the property in question which is described in paragraph No. 2.1 of the petition being a plot of land admeasuring 284.28 sq. mtrs. at Rajpur-Hirpur in Ahmedabad for a consideration of Rs. 17 lakhs. The Sale Deed was presented personally by petitioner No. 1-Smt. Ramaben for registration with respondent No. 4, Sub-Registrar-(I) - hereinafter referred to as 'Sub-Registrar-(I) on the same day i.e., on 19-1-1998. The registration fee of Rs. 25,707.00 payable under the Act was also paid vide receipt dated 19-1-1998 at Annexure-D to the petition. Petitioner No. 1 also admitted the execution of the Sale Deed before the Suh- Registrar-(l) as per the declaration made before the Sub-Registrar-(I). Thereafter, on or around 4-3-1998 petitioner No. 2 received a letter purported to be dated 19-1-1998 from Sub-Registrar-(I) to the effect that Sale Deed is required to be presented before respondent No. 3, Sub-Registrar-(VII) - hereinafter referred to as 'Sub-Registrar-(VII) for Rajpur-Hirpur area. Sub-Registrar-(I) also informed the petitioners to collect the Sale Deed and other papers.