Sohail Moiz Tapia And ORS. v. The State Of Maharashtra Through The Collector, Pune And ORS

hcs 1 11.w11477.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11477 OF 2014 Sohail Moiz Tapia & Ors.

.. Petitioners.

Vs.

The State of Maharashtra Through the Collector, Pune & Ors.

.. Respondents.

Mr.M.S. Bhandari i/b Ms.Pranjali Bhandari for the Petitioners. Ms. Aparna Vhatkar AGP for Respondent Nos.1 to 4. CORAM : A.S. OKA & A.K. MENON, JJ.

DATED : 30TH MARCH, 2017 P.C.

1.

The challenge in this petition under Article 226 of the Constitution of India is to the registration of a sale deed in accordance with the Indian Registration Act, 1908. The contention of the petitioner is that in absence of the permission of the Competent Authority under Urban Land (Ceiling and Regulation) Act, 1976 the registration of sale deed is illegal. 2.

The issue whether no objection in writing or consent of the Competent Authority was necessary can be decided only by a competent Civil Court. This issue cannot be decided by the authorities under the Registration Act, 1908. Hence, we decline to

2 11.w11477.14 entertain this writ petition as an efficacious remedy of the petitioner is elsewhere. Accordingly, the petition is disposed of by granting liberty to the petitioners to take out the appropriate proceedings. We may note here that present petition was filed on 20th September, 2014 which remained pending in this Court till today.

(A.K. MENON, J.) (A.S. OKA, J.)