1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.7149 OF 2010 Ashok s/o Ramnath Taro, Age 28 years, Occ. Agriculture, R/o Karmad, Taluka and District Aurangabad ... PETITIONER VERSUS 1. The State of Maharashtra, (through the Secretary, Industries, Energy and Labour Department, Mantralaya, Mumbai – 400 032) 2. Inspector General of Registration and Controller of Stamps, M.S. Pune, Ground Floor, Opposite to Vidhan Bhavan (Council Hall), New Administrative Building, Pune – 411 001 3. Deputy Inspector General of Registration, Aurangabad Division, Central Administrative Building, IInd Floor, (South East Cabin), Collector Office Compound, Aurangabad 4. Regional Officer, Maharashtra Industrial Development Corporation, Aurangabad. ... RESPONDENTS ..... Shri M.S. Karad, Advocate for the petitioner, Shri K.J. Ghute Patil, A.G.P. for respondent Nos.1 to 3 Shri S.B. Bhosale, Advocate for respondent No.4. ..... CORAM: P.V. HARDAS & N.D. DESHPANDE, JJ. DATED: 11th August, 2010 2 ORAL JUDGMENT (PER N.D. DESHPANDE, J.): 1. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, this petition is heard finally at the stage of admission. 2. By this petition under article 226 of the Constitution of India, the petitioner seeks to challenge, the communication namely letter dated 14.11.2007, issued by the Regional Officer, Maharashtra Industrial Development Corporation, Aurangabad, letter dated 18.12.2007, issued by the Inspector General of Registration and Controller, Maharashtra State, Pune and the letter dated 2.1.2008, issued by the Deputy Inspector General of Registration, Aurangabad Division, Aurangabad, refusing registration of the land notified for special economic zone vide notification dated 4.1.2007. 3. The material facts as disclosed from the petition can be stated briefly as under : The petitioner is an agriculturist of village Karmad. The petitioner decided to sell agricultural land admeasuring 80 Ares in Gat No.73 of village Karmad, Taluka and District Aurangabad as he was in dire need of money for maintenance of his family. 3 4. The petitioner has received purchase money from the purchaser. When petitioner approached to Sub-Registrar for registration of the sale deed, the Sub-Registrar refused to register the sale deed as the said land has been notified under M.I.D.C. Act. The petitioner was further informed that the Regional Officer, M.I.D.C. directed the Inspector General of Registration, Pune not to register the sale deeds of lands notified under M.I.D.C. Act and hence, Inspector General of Registration directed all the subordinates not to register the lands notified under M.I.D.C. Act. 5. It is further stated that, the Government has declared the lands in village Gandheli, Adgaon, Deolai, Balapur, Chincholi, Karmad and Pardhari, Taluka and District Aurangabad an industrial area and the concerned Deputy Collector, Sub-Divisional Officer and Special Land Acquisition Officer have been delegated with the powers under sections 32, 36 and 38 of the M.I.D.C. Act. 6. The main contention of the petitioner is that, even though the said lands were notified under the M.I.D.C. Act, neither acquisition proceedings have yet started nor notification under section 32(1) has been issued by the Government and, therefore, neither M.I.D.C. nor its Regional Office has any authority to stop registration of sale deed, as 4 they have no authority until the land is acquired and handed over to them for development. 7. Heard both the sides. It has been brought to our notice that the earlier Circular issued by virtue of which the sale deeds could not be registered, has been withdrawn pursuant to the Circular dated 4.2.2010. In such circumstances, nothing survives in the present petition. 8. In the light of the above, we direct the respondents to register the instrument of conveyance if submitted by the petitioner and if otherwise it complies with all other formalities. 9. Rule is made absolute on the above terms with no order as to costs. (N.D. DESHPANDE, J.) (P.V. HARDAS, J.)