GOVIND RAMLING SOLPURE Vs. GOVERNMENT OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Mr. D.R. Kale, learned Government Pleader waives service on behalf of the respondents. By consent, Rule made returnable forthwith.

(2.) By this petition under Article 226 of the Constitution of India, the petitioners have prayed for declaration that Rule 44(1)(i) of the Maharashtra Registration Rules, 1961 (hereinafter referred to as 'Rules ' for short) is contrary to the Registration Act, 1908 and it be struck down. The petitioners have also prayed for quashing and setting aside the impugned circular dtd. 12/7/2021 issued exercising the power under Rule 44(1)(i) of the Rules.

(3.) On 30/11/2021 the petitioner No. 1 had presented the sale deeds in respect of plot Nos. 182 to 184 from the land Gat No. 8 situated within the limits of Wadgaon Kolhati Gram Panchayat to Joint Sub-Registrar Class II Aurangabad. The Sub-Registrar, however, refused to register the said sale deeds on the ground that the said sale deeds were in violation of circular dtd. 12/7/2021 and these sale deeds could be registered only upon obtaining permission from the competent authority.