Sushant Sudhakar Muskawad v. The State Of Maharashtra Through Its Secretary And Others

921-wp-11213-2022.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11213 OF 2022 SUSHANT SUDHAKAR MUSKAWAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr. Ajinkya Reddy, Advocate for petitioner Mrs. M. A. Deshpande, AGP for respondents - State ....

CORAM : MANGESH S. PATIL & S. G. CHAPALGAONKAR, JJ.

DATE : 24.01.2023 PER COURT :- We have heard the learned advocate for the petitioner and the learned AGP.

2.

The petitioner is basically aggrieved by the directions in a decree passed by the Lok-Adalat, which inter alia directed a copy of the decree to be sent to the Sub-Registrar concerned in the light of the provisions under Section 89A of the Registration Act, 1908 (State Amendment) and is seeking declaration that he is not liable to take steps for registration and even for payment of registration fees and stamp duty.

(( 2 )) 921-wp-11213-2022 3.

The learned AGP submits that it is only in compliance with the mandate of law that the impugned direction has been issued and there is no illegality.

4.

Learned advocate Mr. Reddy, on instructions, submits that he would, for the time being withdraw the writ petition in respect of all these prayers clauses [A], [B] and [C] with liberty to take appropriate steps in case the Sub-Registrar concerned insist for payment of some registration fees and stamp duty. He submits that the petitioner would be satisfied if the respondents are directed to take decision pursuant to this decree for effecting mutation as was communicated by the Tahsildar Udgir to the Talathi Awalkonda by letter dated 11.11.2019.

5.

We dispose of the writ petition, granting liberty to the petitioner as has been sought and directing the respondents to take appropriate decision on the communication dated 11.11.2019 as expeditiously as possible and in any event within eight weeks from today.

[ S. G. CHAPALGAONKAR, J. ] [ MANGESH S. PATIL, J. ] SMS