Suryakant Dagadu More And Ors vs The Inspector General Of ...
2022 Latest Caselaw 12939 Bom

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                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                                  CIVIL APPELLATE JURISDICTION
          Digitally signed by
KANCHAN   KANCHAN VINOD
VINOD     MAYEKAR
          Date: 2022.12.16
MAYEKAR   14:48:23 +0530



                                                 WRIT PETITION NO. 14758 OF 2022

                                Suryakant Dagadu More & Ors.                           ..... Petitioners

                                        VERSUS

                                The Inspector General of Registration
                                & Controller of Stamps & Ors.                          ..... Respondents

                                Mr.S.R.Nargolkar, i/b. Mr.S.S.Bedekar for the Petitioners.

                                Mr.P.P.Kakade, G.P., a/w. Mr.A.P.Vanarase, A.G.P. for the State -
                                Respondent nos. 1 to 4.

                                Mr.R.A.Naik for the Respondent nos. 5 and 6.

                                                            CORAM: R. D. DHANUKA AND
                                                                   M.M. SATHAYE, JJ.

DATE : 13TH DECEMBER, 2022

P.C:-

A short question that is raised by the petitioners in this petition is

that the registering authority cannot refuse to register the documents on

the ground that the execution of such document itself is without the

authority of law.

2. Mr.Nargolkar, learned counsel for the petitioners seeks to rely

upon various judgments in support of the contentions raised in the writ

petition. Mr.Vanarase, learned counsel for the State on the other hand KVM

15 - WP 14758 OF 2022.doc

states that in one of the judgment delivered by the Aurangabad Bench

of this Court of which one of us (Mr.R.D.Dhanuka, J.) was a party is

under review.

3. Both parties are at liberty to file brief proposition of law,

synopsis and compilation of judgments which they propose to rely

upon in support of their rival contentions with copy to be served upon

other side in advance before the next date.

4. The respondent nos. 1 to 4 are at liberty to file an affidavit-in-

reply within three weeks from today with a copy to be served upon the

petitioners' advocate simultaneously. Rejoinder, if any, to be filed

within one week thereafter with a copy to be served upon the

respondents' advocates simultaneously.

5. Place the matter on board 23rd January, 2023.

6. If any order is passed by the Aurangabad Bench on the said

review petition filed by the State Government, the same shall be

brought to the notice of this Court by the parties on the next date. KVM

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7. Our attention is invited to ground (F) in the petition stating that

the petitioner no.1 is a senior citizen suffering from various health

ailments by reason of which it is impossible for the petitioner to

continuously pursue the authorities and at the same time to comply

with the vagaries of their expectations.

8. In our prima facie view, in view of the judgment of Aurangabad

Bench of this Court in case of Govind Ramling Solapure & Ors. VS.

State of Maharashtra, Through its Secretary & Ors., 2022 SCC

OnLine Bom 978, the respondent nos. 1 to 4 cannot look into the title

of the party giving gift while registering the documents. The

registering authority could not have refused to register the document on

the grounds on which the registration is refused.

9. Be that as it may, since the review petition filed by the State

Government being Review Petition No. 246 of 2022 in Writ Petition

No. 2111 of 2022 in case of The State of Maharashtra & Others vs.

Govind Ramling Solapure & Ors. is pending before the Aurangabad

Bench of this Court and in view of the hardship caused to the petitioner

no.1 who is a senior citizen and is suffering from various ailments, we KVM

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direct the respondent no.2 to accept the lodgement of the draft gift deed

along with self attested copies of annexures and to register the said

document subject to the other formalities, if any, for registration which

shall be subject to the outcome of this petition.

10. The petitioners are directed to remain present before the

registering authority on 17th December, 2022.

11. It is made clear that the petitioners shall deposit the gift deed

after registration in this Court within one week from the date of

registration and shall not act upon the said gift deed till next date. The

Registrar of this Court to keep the said document in safe custody till

further orders.

      [M. M. SATHAYE, J.]                     [R. D. DHANUKA, J.]