In this regard, a Division Bench of Justices RD Dhanuka and SG Mehare read down Rule 44(1)(i) the Maharashtra Registration Rules.
The Court was hearing a plea seeking a declaration that Rule 44(1)(i) of the Maharashtra Registration Rules is contrary to the Registration Act.
The petitioners had also prayed for quashing and setting aside a circular of 2021 which directed exercise of power under the Rule 44(1)(i).
The petitioners were aggrieved by the refusal of the joint sub-registrar of Aurangabad, to register sale deeds on the ground that those deeds were in violation of circular of 2021 and these sale deeds could be registered only upon obtaining permission from competent authority.
The said circular provides that the sub-registrar shall not register the document presented for registration unless sanctioned layout is enclosed with such documents and for this reason, the sub-registrar had refused to register documents.
Aggrieved by the same, the petitioner approached the High Court challenging the Rule.
Source: Barandbench
