NEERAJ KUMAR UMESHKUMAR MOR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, by consent returnable forthwith. Learned counsel are agreed to a hearing and final disposal at this stage.

(2.) By a sale deed dated 25th August, 1998, the Petitioner purchased certain landed property from the Fourth Respondent at Mauje Khambewadi, Taluka Karjat in the District of Alibag at and for a consideration of Rs.9.55 lacs. The sale deed was stated to have been duly stamped and to have been executed by the Petitioner and the Fourth Respondent on 25th August, 1998. The Fourth Respondent lodged the sale deed in the office of the Sub- Registrar, Taluka Karjat on 25th August, 1998. The registration charges of Rs.25,116/- were paid and a receipt was handed over to the Fourth Respondent. The document was lodged in the office of the Third Respondent under Sr. No.1783/98, upon the General Manager of the Fourth Respondent admitting execution of the document. It has been stated that the Petitioner was prevented on account of his ill health from appearing before the Third Respondent and he eventually appeared before the Third Respondent on 3rd February, 1999. A fine of Rs.30,000/- was levied upon the Petitioner taking into consideration the duration of delay and a receipt evidencing the payment of fine came to be issued to the Petitioner. The Third Respondent accordingly ordered the document to be registered and the document came to be duly registered on 19th February, 1999 against the payment of the aforesaid fine of Rs.30,000/-. Thereafter a notice dated 30th December, 2000 was issued by the Third Respondent to the Petitioner stating that it was necessary to charge a fine of five times the registration charges viz. Rs.80,000/- and since only a part payment of Rs.30,000/- was recovered from the Petitioner, additional payment of Rs.50,000/- was sought within 50 days. The Petitioner submitted a reply thereto on 27th March, 2001. Thereafter a notice dated 11th March, 2001 was issued to the Petitioner informing him that the deficit of Rs.50,000/- would be recovered from him as arrears of land revenue. That led to the institution of these proceedings.

(3.) Section 23 of the Registration Act, 1908 provides as follows :