Case Note & Summary
The petitioners, three individuals, filed a writ petition under Article 226 of the Constitution of India challenging Rule 44(1)(i) of the Maharashtra Registration Rules, 1961 and a circular dated 12.07.2021 issued thereunder. The petitioners sought a declaration that the rule is contrary to the Registration Act, 1908 and prayed for it to be struck down, along with quashing of the circular. The factual background involved petitioner No. 1 presenting sale deeds on 30.11.2021 for registration in respect of certain plots, but the Sub-Registrar refused to register them citing the requirement of a No Objection Certificate (NOC) from the Gram Panchayat as per the impugned circular. The legal issue was whether Rule 44(1)(i) and the circular were ultra vires the Registration Act, 1908. The petitioners argued that the Registration Act does not empower the State to impose such additional conditions for registration, and that the rule and circular exceeded the rule-making power under Section 69 of the Act. The respondents, represented by the Government Pleader, defended the rule and circular. The court analyzed the provisions of the Registration Act, 1908, particularly Sections 34, 35, and 71, which specify the grounds on which a Sub-Registrar can refuse registration. The court held that the Act does not contemplate requiring an NOC from a Gram Panchayat as a condition for registration. The court found that Rule 44(1)(i) of the Maharashtra Registration Rules, 1961, which mandates such NOC, is beyond the scope of the rule-making power under Section 69 of the Act and is therefore ultra vires. Consequently, the circular dated 12.07.2021, issued under that rule, was also quashed. The court allowed the petition, striking down the rule and circular, and directed that the sale deeds presented by the petitioners be processed without insisting on the NOC.
Headnote
A) Constitutional Law - Delegated Legislation - Ultra Vires - Rule 44(1)(i) of Maharashtra Registration Rules, 1961 - The court examined whether the rule requiring NOC from Gram Panchayat for registration of sale deeds is beyond the rule-making power under Section 69 of the Registration Act, 1908. Held that the rule is ultra vires the parent Act as it imposes an additional condition not contemplated by the Act. (Paras 1-10) B) Registration Act, 1908 - Refusal of Registration - Grounds for Refusal - Sections 34, 35, 71 - The court held that a Sub-Registrar can refuse registration only on grounds specified in the Act, such as non-compliance with procedural requirements. Requiring a NOC from Gram Panchayat is not a ground under the Act. (Paras 5-8) C) Maharashtra Registration Rules, 1961 - Rule 44(1)(i) - Validity - The court struck down Rule 44(1)(i) as being contrary to the Registration Act, 1908 and quashed the circular dated 12.07.2021 issued thereunder. (Paras 9-10)
Issue of Consideration
Whether Rule 44(1)(i) of the Maharashtra Registration Rules, 1961 and the circular dated 12.07.2021 requiring No Objection Certificate from Gram Panchayat for registration of sale deeds are ultra vires the Registration Act, 1908 and the Constitution of India.
Final Decision
The court allowed the writ petition, struck down Rule 44(1)(i) of the Maharashtra Registration Rules, 1961 as ultra vires the Registration Act, 1908, and quashed the circular dated 12.07.2021. The Sub-Registrar was directed to process the sale deeds presented by the petitioners without insisting on NOC from Gram Panchayat.
Law Points
- Rule 44(1)(i) of Maharashtra Registration Rules
- 1961 is ultra vires the Registration Act
- 1908
- Circular requiring NOC from Gram Panchayat for registration of sale deeds is without authority of law
- Sub-Registrar cannot refuse registration on grounds not specified in the Registration Act
