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TMI Blog2013 (5) TMI 421X X X X Extracts X X X X X X X X Extracts X X X X ..... nteed under Article 14 and 19(1)(g) of the Constitution and also the said circular is against the judgment of the Supreme Court delivered in "Suraj Lamp & Industries (P) Ltd. (2) v. State of Haryana" reported in [2012] 1 SCC 656 and the relevant laws and/or; (b) Issue a writ of mandamus or an appropriate writ, order or direction in the nature of mandamus and direct the respondent-department to forthwith register the sale deed;...." 2. The brief facts and the background in which the writ petition has been filed are as follows: 2.1 The petitioner company entered into a collaboration agreement dated 11.09.2011 with one Mrs. Rani Puri, owner of the immovable property situate at A-1/81, Masjid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en laid on the observations made by the Supreme Court in paragraph 27 of the said judgment. It is further submitted that there is no impediment in the Sub- Registrar registering a genuine GPA and/or an agreement to sell. It is in this regard that, reliance is placed on the observations made in paragraph 27 of the judgment of the Supreme Court in Suraj Lamp & Industries (P) Ltd. 5. On the other hand, learned counsel for the respondents submits that, the transaction, which has been entered into between the petitioner company and the original owner, i.e., Mrs Puri, seeks to evade stamp duty and, therefore, there is a resistance by the Sub-Registrar, in registering the document. 5.1 Mr Mohammad, learned counsel for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... court is called upon to examine, therefore, at this juncture, in substance, is the validity of the circular dated 27.04.2012, issued by respondent no. 2. The grievance of the petitioner, in particular, is directed towards the following directions contained in the circular dated 27.04.2012 issued by respondent no. 2: "....Therefore, it is again clarified to all the Registrars/ Sub-Registrars, that on the basis of a GPA, a Will, and Agreement to Sell, collectively or separately in respect of an immovable property, a conveyance cannot be executed i.e. no transfer of property will take effect until unless a clear sale deed is executed and duly registered by the executants in the office of the Registrar/ Sub-Registrar. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purchasers. In several States, the execution of such development agreement and powers of attorney are already regulated by law and subjected to specific stamp duty. Our observations regarding "SA/GPA/Will transactions" are not intended to apply to such bona fide/ genuine transactions..." 6.2 Quite clearly, the Supreme Court has not said that in no case a conveyance can be registered by taking recourse to a GPA. As long as the transaction is genuine, the same will have to be registered by the Sub-Registrar. There is distinctly a specific reference to the fact that, a person may enter into a development agreement with a land developer or builder for development of a parcel of land or for construction of apartments in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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