HUSSAIN SHAH Vs. SUB REGISTRAR

JUDGEMENT

(1.) THE validity and the legality of the circular/guidelines dated september 9, 2005, issued by the Inspector General, Registration, respondent No. 3 has been assailed by the petitioner-Hussain Shah, through the present petition. The aforesaid circular has been appended as Annexure p-2, with the present petition.

(2.) THE skeletal facts leading to the controversy show that a sale deed was executed by one Azeem Shah in favour of the petitioner-Hussain shah on May 9, 2006. On the same date, the said sale deed was presented for registration before the Sub Registrar, Nagda, respondent no. 1. The Sub registrar, as required under Section 52 of the Registration Act, 1908, (hereinafter referred to as Act) issued a receipt on presentation, noticing the day, hour and place of registration, and also finding that the photographs and finger prints of the executants had been affixed. The petitioner claims that, thus, the document in question was admitted for registration, as required under Section 52 of the Act.

(3.) HOWEVER, rather than ordering registration of the document, as per the provisions of the Act, the document in question was referred to the collector, Stamps, in exercise of the powers under Section 47-A of the indian Stamp Act, 1899 (hereinafter referred to as the Stamp Act), for determining the valuation of the property sold. The grievance made by the petitioner is not against the reference under the provisions of the Stamp act, but non-performance of the statutory functions, required from the Sub registrar, under the provisions of Sections 58 and 59 of the Registration act.