HARSHADRAI P DAVE Vs. SUB REGISTRAR RAJKOT

JUDGEMENT

(1.) The question that arises before this Full Bench is the interpretation of judgment of another Full Bench in the case of Gorva Vibhag Co-op. Housing Society Association v. State, 1992 (1) GLR 654 on the question as to what is that "reasonable period" under Sec. 32A(1) of the Bombay Stamp Act, 1958 for initiating action by the registering officer. The said provision did not prescribe any time limit and, therefore, it was contended before the earlier Full Bench that it gave arbitrary powers to the registering authority to initiate proceedings after lapse of reasonable time and to harass the citizens by misusing powers contained in Sec. 32A. The Full Bench negatived this contention holding that:

(2.) The question that arises before this Full Bench is whether the period of two years mentioned by the earlier Full Bench is the rigid and maximum period being "reasonable period" or whether it is open to the authority to point out facts justifying delay beyond two years.

(3.) In Special Civil Application No. 744 of 1992 and other cognate matters, a Division Bench (of which one of the Judges was the member of the Full Bench), held that there was no question of justifying the delay beyond two years.