BARSHI BAR ASSO. Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule.

(2.) The Petitioner assails the Circular dtd. 16/11/2016. Under the said Circular, issued by the Collector cum District Registrar, Solapur, it has been directed that the Sub Divisional Officer and Tahsildar of the Region shall not mutate the Revenue Record on the basis of the unregistered documents and further directing to abide by the Government Resolution dtd. 21/4/2018.

(3.) Mr.Damle, the learned Senior Advocate for the Petitioner submits that the compromise decree passed by the courts or in the Lok Adalat concerning the agricultural lands are not required to be compulsorily registered under the provisions of the Registration Act, 1908 (for short "the Act of 1908"). Reference is made to Sec. 17(2)(vi) of the Act of 1908. The learned Senior counsel further refers to the proviso to Sec. 46 of the Maharashtra Stamp Act, 1958 (for short "the Act of 1958") and submits that if the instrument relates to partition of agricultural land, the rate of duty applicable is only Rs.100.00.