Amol S/O Kamalakar Kale v. The State Of Maharashtra, Department Of Revenue, Thr. Secretary And Others

2025:BHC-NAG:5622-DB 1 wp572.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.572/2018 Amol s/o Kamalakar Kale Vs. State of Maharashtra and others Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

None for the petitioner.

Ms. Tajwar Khan, AGP for respondent nos.1 to 4. CORAM : NITIN W. SAMBRE & SACHIN S. DESHMUKH, JJ. DATE : JUNE 18, 2025.

1.

The learned Assistant Government Pleader has invited the attention of this Court to the affidavit filed on behalf of the respondent nos.1 to 4. It is specifically stated in paragraph no.3 of the said affidavit as under: "It is most respectfully submitted that on receipt of above said communication, the answering respondent undertook verification of his office record and found that said document was never registered in his office. In this context, it is pertinent to submit that Sr.No.4/3850 does not exist with the register of entries maintained for recording the registration of documents.

In the above context it is further pertinent to submit that, as per the original record of this office, the documents that were registered and entry made in the register/day book started from Sr.No.5491 and ended at Sr.No.5508 in register No.29. Further entries/serial numbers for documents registered on 31.12.2001 were continued in register no.30 from Sr.No.5509 till 5800. Thus, on 31.12.2001 there was no

2 wp572.18.odt registry of above said document Power of Attorney with the office of this respondent."

2.

Apart from above paragraph 5 of the reply, the following averments are made:

"It is submitted that it is a matter of record that the petitioner had submitted an application dated 19.1.2016 to the office of answering respondent, requiring a certified copy of entry register/day book dated 31.12.2001 maintained by the office of this respondent. Accordingly, the office of answering respondent supplied entire copy of register/day book dated 31.12.2001 to the petitioner containing entries from Sr.No.5491 to 5508 of register no.29 and Sr.No.5509 to 5800 of register no.30.

In the above context, it is pertinent to submit that the entries of registration conducted on 31.12.2001 find place in register no.29 and 30. The last entry in register No.29, recording the registration of documents on 31.12.2001 was 5509. Thereafter, the entry has been continued from Sr.No.5509 till 5800 in register no.30. After the Sr.No.5508 vertical lines have been made to indicate the end of the register. As per the application dated 19/01/2016 submitted by the petitioner for certified copy of register/day book dated 31.12.2001, the office of answering respondent had supplied the whole record pertaining to registration of documents on 31.12.2001. The entry from the Sr.No.5491 till 5508

3 wp572.18.odt indicating the end of the register/day book and continuation of entries from Sr.No.5509 till 5800 was given to the petitioner. A copy of said record duly certified and given to the petitioner by the office of answring respondent is annexed herewith as Annexure R-4."

3.

In the wake of above, in our opinion, the grievance of the petitioner stands redressed. The petition stands disposed of. No costs. (SACHIN S. DESHMUKH, J.) (NITIN W.SAMBRE, J.) Mukund Ambulkar