R BABU Vs. INSPECTOR GENERAL OF REGISTRATION

JUDGEMENT

(1.) THE issue covered in this writ petition is already decided in a number of cases including the one in B. Rajappa and another Vs. The Special Deputy Collector (Stamps)and others reported in 2002 (3) CTC 544 wherein the dispute regarding the same issue is pending under Section 47-A of the same Act 1899, this Court has held that simply the pendency of that adjudication will not empower the registering authorities to keep the documents. In that case, the Court has made some safeguard, pending adjudication of the issue under Section 47 (A) of the Act which are as follows:

(2.) LEARNED Government Advocate also submits that the said legal position namely that the pendency of proceeding under 47-A cannot confer the registering authority to retain the original registered instrument and for the purpose of safeguarding the interest of the revenue the above said five conditions are imposed is settled.

(3.) HEARD the learned counsel for the petitioners as also the learned Government Advocate, who has taken notice on behalf of the respondents.