ASHISH GUPTA Vs. STATE OF M P

JUDGEMENT

(1.) BY this petition the petitioners have challenged the refusal by respondents No.2 Sub Registrar, Properties & Assurances, Barwani from registering the sale deed sought to be executed by the petitioners.

(2.) BRIEFLY stated the facts of the case are that the petitioners had entered into a sale deed regarding the land owned by petitioners and had prayed for registering of the same before the Sub -Registrar who refused to register the same, stating that permission was required under Section 165 (6 -a) of the M.P. Land Revenue Code.

(3.) COUNSEL of the petitioner has vehemently urged the fact that such refusal is unilateral; without granting any opportunity of hearing to the petitioners. Counsel submitted that the petitioners had done nothing which was contrary to the provisions of law and even if the provisions of Section 165(6 -a) are considered they are applicable to bhumi swamy, whereas all the present petitioners are agriculturists and the provisions are not attracted. Besides Counsel also placed reliance in the matter of Gopal Patidar and others Vs. State of MP passed in WP No.2032/14 whereby this Court had held that the respondent No.2 shall assign reasons for refusal to grant permission and had disposed of the petition with such directions.