RAJIV MAHESHKUMAR MEHTA Vs. STATE OF GUJARAT

JUDGEMENT

(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 there under. Being aggrieved and dissatisfied with this insistence the present petitions have been filed as stated herein above. The Court at this stage is of the considered view that the fine facts in respect of property or the execution would be not required to be referred to as nothing turns up there upon so far as the legality and validity of those circulars are challenged and, therefore, this Court is not referring to the facts in order to avoid unnecessarily going into details which are really not germane for deciding legality & validity of the circulars. Suffice it to say that the challenge to the circulars is essentially by those persons seeking registration and when they are subjected to comply with the conditions and therefore, the validity and justification of the conditions are to be examined in the petitions.