RAJI MAHESHKUMAR 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 respondent State without bringing about an amendment, by way of an executive instruction in form of Government Resolution could not have permitted the registering authority to insist for conditions mentioned there under, as it amounts to depriving the person or executant of his right to have registration of the document or his fulfilling requirement for presenting valid document as contemplated under section 32 & 33 of the Registration Act, and interpreted by Apex Court in this judgment.