1 Writ Petition No. 3681 of 2011 Devgiri Mudrank Vikreta Dasta Lekhak Sanghatan and another Versus The State of Maharashtra and three others. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD APPELLATE SIDE, CIVIL JURISDICTION WRIT PETITION NO.: 3681 OF 2011 *** 1. Devgiri Mudrank Vikreta Dasta Lekhat Sanghatna (Maharashtra) Through its Chairman 2. Santosh S/o Eknath Ghodke, Age: 35 years, Occu.: Business, R/o Keshrsinghpura, Aurangabad.. ... PETITIONERS. Versus 1. The State of Maharashtra (Through its Principal Secretary, Revenue Department). 2. The Superintendent, Controller of Registration, Maharashtra State, Pune. 3. The Deputy Superintendent, Controller of Registration, Aurangabad. 4. The Collector for Registration and Assistant District Registrar Class-I, Office of Registration, Sambhaji Nagar, Aurangabad. (Copies to be served upon 2 Writ Petition No. 3681 of 2011 Devgiri Mudrank Vikreta Dasta Lekhak Sanghatan and another Versus The State of Maharashtra and three others. Government Pleader, High Court of Judiciature of Bombay, Bench at Aurangabad. ... RESPONDENTS *** Mr. A. G. Talhar, Advocate for the Petitioners. Mr. D. R. Korde, A.G.P. for Respondent/ State Authorities. *** CORAM: D. B. BHOSALE AND S. B. DESHMUKH,JJ. DATED:- 10th JUNE, 2011. ORAL JUDGMENT [PER DESHMUKH, J.]: 1. We have heard learned counsel for the parties. 2. Rule, made returnable forthwith and heard finally by consent of the parties. 3. The petitioners in this writ petition seek following reliefs: 12. The Petitioner, therefore, prays that: A. The writ petition may kindly be allowed. B. Record and proceeding may please be called for. C. By appropriate writ, order or direction in the like nature, the respondent authorities may please be directed to restrain themselves from shifting the Registration Office from its present spot i.e. from the area of Collector Office, to the area in city i.e. 3 Writ Petition No. 3681 of 2011 Devgiri Mudrank Vikreta Dasta Lekhak Sanghatan and another Versus The State of Maharashtra and three others. Garkheda Parisar and Satara Road Parisar. D. By appropriate writ, order or direction in the like nature, the respondent authorities may please be directed to conduct and run the administration of the Registration Office at its present spot i.e. in the area of Collector Office." 4. The Petitioner No.1 is a registered union of stamp vendors having its area of operation through out the state of Maharashtra. The petitioner No.2 is a private individual indulged into a business. The Petitioner No.1 is registered union, according to the petitioners, since 2004. It is for the welfare of stamp vendors and bond writers working in the State. According to the petitioners, members of the Petitioner No.1 Union perceived that registration offices of Respondent No.3 are likely to be shifted in different areas of Aurangabad city. According to them, one of the office is likely to be shifted in the area of Garkheda and another one in the area of Satara, etc. Indisputedly, as of today, there are five registration offices at Aurangabad city. However, 4 Writ Petition No. 3681 of 2011 Devgiri Mudrank Vikreta Dasta Lekhak Sanghatan and another Versus The State of Maharashtra and three others. according to the petitioners, they are housed in a three storied building constructed/ raised by the State of Maharashtra, however, through the funds received by the Registration Department towards registration charges. 5. The petitioners submitted a representation to Respondent authorities with a request not to shift the office from their present locations elsewhere in the city of Aurangabad. According to them, the request has been recommended by the representatives of the people i.e. Member of Parliament, Member of Legislative Assembly etc. It is also contended on behalf of the Petitioners that shifting of registration offices elsewhere in the city of Aurangabad would burden the public exchequer. The present building whereat registration offices have been housed is owned by the Registration Department itself. According to the Petitioners, if registration offices are shifted elsewhere, premises on rent would be needed and payment of such rent would be wasteful expenditure. They 5 Writ Petition No. 3681 of 2011 Devgiri Mudrank Vikreta Dasta Lekhak Sanghatan and another Versus The State of Maharashtra and three others. further submitted that present premises are convenient to them, the people at large and also the officers of the Respondent No.1 State. 6. Despite the representation of the petitioners, according to the petitioners, the Respondents are bent upon to shift offices of registration. They came across news item in daily "Lokmat" dated 10th May, 2011. They have placed on record Exhibit-B newspaper clippings. 7. Learned A.G.P. on behalf of Respondents even though did not file reply, strongly opposed the petition. According to him, this petition is not filed in the interest of public at large. The registration offices, at present are in a crowded area and inconvenient to the public at large. He submits that there is no merit in the petition and request for dismissal of the same. 8. We have given due consideration to the submissions made on behalf of the parties. We have considered the status of the petitioners. Indisputedly, this is not a petition filed in the 6 Writ Petition No. 3681 of 2011 Devgiri Mudrank Vikreta Dasta Lekhak Sanghatan and another Versus The State of Maharashtra and three others. interest of public at large. We have considered the recommendations/ written communications addressed by the representatives of people i.e. Member of Parliament, Member of Legislative Assembly etc. In our opinion, issue of shifting and/ or establishment of offices of registration department is within the domain of Executive i.e. Respondent No.1. The petitioners do not have fundamental, legal or vested right in the matter. Petition filed on behalf of the petitioners is meritless and deserves to be dismissed. 9. Writ petition, therefore, stands dismissed. Rule is discharged. No costs. [S. B. DESHMUKH, J.] [D. B. BHOSALE, J.] Dated:10/06/2011. ans/3681 7 Writ Petition No. 3681 of 2011 Devgiri Mudrank Vikreta Dasta Lekhak Sanghatan and another Versus The State of Maharashtra and three others. WRIT PETITION NO.: 3681 OF 2011 Date of decision: 10th JUNE, 2011. For approval and signature THE HONOURABLE SHRI JUSTICE D. B. BHOSALE THE HONOURABLE SHRI JUSTICE S. B. DESHMUKH. Whether Reporters of local papers ... Yes may be allowed to see the judgment? To be referred to the Reporter or not? ... No Whether Their Lordships wish to see ... No fair copy of the judgment? Whether this case involves a substantial... No question of law as to the interpretation of the Constitution of India, 1950, or any order made thereunder? Whether it is to be circulated to the ... No Civil Judges? Whether the case involves an important ... No question of law and whether a copy of the judgment should be sent to Nagpur, Goa and Bombay offices? [G. F. ANSARI] PRIVATE SECRETARY TO THE HONOURABLE JUDGE