IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL WRIT PETITION NO. 7290 OF 2008 WRIT PETITION NO. 7290 OF 2008 WRIT PETITION NO. 7290 OF 2008 Global Softech Pvt. Ltd. ] .. Petitioner Versus 1. The State of Maharashtra & anr. ] .. Respondents Mr. C.U. Singh, senior counsel with Ms. Soma Singh i/b M/s. Paras Kuhad & Associates for the petitioners. Mr. V.S. Gokhale, AGP, for the respondents. CORAM: S.B. MHASE & D.B. BHOSALE, JJ. DATED: 5TH JANUARY, 2009 P.C. : 1. Heard. 2. The petitioner has approached this court seeking a direction that the respondent No.2 should forthwith register the sale certificate in favour of the petitioners in accordance with law. This relief cannot be granted by us at this stage because there is no order of refusal passed by the Sub-Registrar. 3. The petitioner is an auction purchaser of the auction conducted by the DRT and the sale certificate : 2 : has been issued in favour of the petitioner by the DRT. The petitioner presented the said sale certificate to the Sub Registrar for registration. According to the petitioner, the petitioner has also paid the stamp duty for the purposes of registration. However, the petitioner states that the Sub Registrar has not accepted the said document for registration and has orally refused and returned the document back to the petitioner. Thus, without giving any reasons for refusal, the registration of the document has been refused by the Sub Registrar. 4. The other grievance of the petitioner is that the Tahsildar has issued a letter to the Sub Registrar stating that there are dues in respect of the property in sale and, therefore, the registration should not be effected. The said letter is an objection from Government machinery before the Registrar for not registering the document in question. However, when such a letter is brought to the notice of the petitioner, the Registrar is supposed to hear the petitioner as also the Tahsildar and thereafter the Sub Registrar is expected to pass an appropriate order viz. either he can ignore the said letter and register the document and/or he can accept the said letter and refuse to register the document and thus pass an order under : 3 : section 71 of the Registration Act, 1908. When such an order is passed under section 71, appeal against such an order is provided for under section 72 and, therefore, what we find is that the present Writ Petition, at this stage, is not maintainable. It is a premature Petition. 5. However, we are rather surprised with the conduct of the Sub Registrar who, instead of exercising his powers with regard to registration and/or non registration as contemplated under the Act and, instead of passing orders either accepting or refusing registration, has simply orally returned the document to the petitioner with a copy of the Tahsildar’s letter. This amounts to an act of non exercise of powers by the Sub Registrar. 6. We, therefore, direct the Sub Registrar to accept the document from the petitioner, scrutinize the same and, if necessary, hear the petitioner as also the Tahsildar and thereafter shall pass appropriate order, either accepting or refusing the registration. The said order shall be a speaking, reasoned order. The petitioner is at liberty to follow thereafter, the procedure and remedies as provided under the Act. All this exercise shall be completed within a period of one month by the Sub Registrar. However, in order to enable : 4 : the Sub Registrar to carry out the scrutiny and, if necessary, to issue notice to the Tahsildar and the petitioner for hearing, the petitioner shall submit the document to the Sub Registrar on or before 12th January, 2009. The petitioner may point out the appropriate provisions of law and also the precedents of this court in order to convince and pursuade the Sub Registrar for registration of the document. All contentions on both sides are kept open. 7. With the above directions, the Writ Petition is disposed of. Sd/- Sd/- [D.B. [D.B. [D.B. BHOSALE, J.] BHOSALE, J.] BHOSALE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]