Gujarat Court March 2014 Judgments

Arunbhai Ramjibhai Patel and Others Vs. State of Gujarat and Others

Court: Gujarat

Bhaskara Bhattacharya, C.J. 1. All these Special Civil Applications were taken up together as the subject-matter of challenge in all these applications is the legality and validity of a Circular dated 9th May 2007 issued by the Respondent No. 2 purporting to be as part of simplification of the Rule 45[1] of Registration ,viz. the Gujarat Registration Rules, 1970. 2. In order to appreciate the aforesaid question, it will be profitable to refer to the Circular dated 9th May 2007 which is quoted below:- xxx xxx xxx œCIRCULAR: In the State the documents of the immovable properties are registered in the office of the Sub-Registrar. From experience it is learnt that, in the absence of sufficient knowledge about the law/rules the documents with insufficient stamp duty are lying in the office without registration. Due to non-registration of the pending documents the copy of the document and the index-2 are not supplied, due to this reason the party has misunderstandings without any reaso...