AMAR NATH VARMA, J. - (1.) Petitioners Nos. 1 and 2 are licensed deed writers in the Meerut Registration Office. The deed writers have an association called the Deed Writers' Association, Meerut, which is arrayed as Petitioner No. 3. It has 26 members. By means of this petition they have challenged the validity of certain rules (as amended it (1978) framed Under Sec. 69 of the Registration Act by the Inspector General of Registration, Uttar Pradesh. Their contention is that these have imposed restrictions on their right to carry on the profession of deed writing which are unreasonable and are hence volatile of Article 19 of the Constitution of India. It may, however, be mentioned here that in the course of arguments learned Counsel for the Petitioners confined the challenge to these rules only on certain specific grounds which shall be dealt with below.
(2.) Sri G.P. Bhargava, learned Counsel for the Petitioners, did not challenge the power of the Inspector General of Registration to frame these rules. Nor did he question his power to levy a certain amount as fee for granting license to the deed writers attached to the various registration offices of the State. He, however, contended that there was no warrant for increasing the fee from Fs. 20/ - to Rs. 40/ -.
(3.) Before we deal with the submissions of the learned Counsel, we will first have a brief look at the relevant statutory provisions of the Registration Act having a bearing on the controversies raised in this petition. Sec. 69 empowers the Inspector General of Registration of a State to frame rules for the purposes of carrying out the object of the Act. This provision was amended empowering the Inspector General of Registration to frame rules in respect of the deed writers. In exercise of these powers the Inspector General of Registration of Uttar Pradesh framed U.P. Document Writers' Licensing Rules, 1977. These rules were further amended in 1978. Under Rule 3 of the amended rules it was provided that no fresh license shall be issued under the rules to persons other than those specified in Sub -rule (1) of Rule 18 till the number of such licenses falls below the prescribed limit, fixed under amended Rule 3 which prescribes that the number of deed writers for each registration office shall not exceed three for every one hundred documents presented for registration the previous year. Rule 18 as amended, however, provides that the persons holding a license on March 31, 1977 shall not be affected by the limit which may be fixed on the number under Rule 3.;