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2022 DAILYLAW 2989 (PNJ)

ONKAR SINGH KANWAR v. STATE OF HARYANA AND OTHERS

CWP/5275/2022 · 2026-07-16

Kuldeep Tiwari

body2022

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 102 CWP-5275-2022 Date of Decision : July 16, 2026 ONKAR SINGH KANWAR -PETITIONER V/S STATE OF HARYANA AND OTHERS -RESPONDENTS CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present: Mr. Gaurav Aggarwal, Advocate for the petitioner. Mr. Vivek Chauhan, Addl. A.G., Haryana, and Mr. Gaurav Jindal, Addl. A.G., Haryana. *** KULDEEP TIWARI, J. (ORAL) 1. Through the instant writ petition, the petitioner seeks issuance of a direction to respondent No.3- Sub Registrar to register the conveyance deed on the basis of the original stamp papers purchased on 27.01.2014. 2. The factual matrix, shorn of unnecessary details, is that the petitioner purchased a property situated in the revenue estates of Villages Chakkerpur and Sukhrali, Tehsil and District Gurugram. For the purpose of registration of the conveyance deed, the petitioner purchased stamp papers worth ₹9,28,000/- from the State Bank of India, Mehrauli Road Branch, Gurugram, which is the nodal agency authorized by the State of Haryana for the said purpose. However, when the conveyance deed, along with the original stamp papers, was presented before respondent No.3-Sub Registrar on 04.10.2017, registration was orally declined on the ground that GRN No. DEVINDER YADAV 2026.07.21 11:13 I attest to the accuracy and authenticity of this order/judgment CWP-5275-2022 2 0004039735 dated 27.01.2014 had already been utilized and, therefore, the document could not be registered. 3. The stand taken by the respondents also deserves notice. In the reply dated 28.07.2022, filed by way of affidavit of the Treasury Officer, Gurugram, it was stated that the petitioner had purchased the stamp papers from the State Bank of India, Mehrauli Road Branch, Gurugram. However, upon verification of the records maintained on the official E-GRAS portal, i.e. www.egrasgry.nic.in, the status of the transaction was reflected as “Pending”. It was further stated that the question as to whether the stamp receipt had actually been utilized could only be verified from the office of respondent No.3-Sub Registrar. Thereafter, respondent No.3-Sub Registrar filed a short reply dated 07.05.2026 stating that upon verification of the aforesaid GRN on the official E-GRAS (Electronic Government Receipts Accounting System) portal of the Government of Haryana, its status was reflected as “Failed”. It was further stated that such status indicates that either the challan had not been deposited in the bank or the bank had not updated the payment status on the portal. 4. Learned counsel for the petitioner submits that the stamp papers worth ₹9,28,000/- were purchased through Cheque No. 751234 from the State Bank of India, Mehrauli Road Branch, Gurugram, under Serial No. 006742, GSR/002 and GRN No. 0004039735 dated 27.01.2014, towards payment of stamp duty to the Government of Haryana. It is submitted that when the petitioner presented the conveyance deed for registration on 04.10.2017 along with the original stamp papers, registration was declined merely on the ground that the computer system was not accepting the GRN. DEVINDER YADAV 2026.07.21 11:13 I attest to the accuracy and authenticity of this order/judgment CWP-5275-2022 3 It is further submitted that despite several representations requesting the authorities to verify the actual status of the stamp papers, no effective action was taken. It is contended that once the conveyance deed was presented for registration, the Sub Registrar was under a statutory obligation either to register the same or to refuse registration by passing an order in accordance with the provisions of the Registration Act, 1908. However, neither course was adopted. 5. Per contra, learned State counsel, while placing reliance upon Sections 49 and 50 of the Indian Stamp Act, 1899, submits that since the conveyance deed was presented for registration more than three years after the purchase of the stamp papers, the validity of the stamp papers may have lapsed, resulting in the status of the GRN being reflected as “Failed” on the official portal. It is, however, fairly conceded that the aforesaid issues require examination by the Sub Registrar, who is required to conduct an appropriate inquiry and thereafter pass an order in accordance with the provisions of the Registration Act, 1908. 6. Having considered the rival submissions and perused the record, this Court finds substance in the submission advanced by learned State counsel to the extent that the controversy raised by the petitioner requires examination by the Sub Registrar. Once a document is presented for registration, the Sub Registrar is under a statutory obligation either to register the same or to refuse registration by passing a reasoned and speaking order in accordance with law. 7. Consequently, without evincing any opinion on the merits of the case, the instant writ petition is disposed of with a direction to DEVINDER YADAV 2026.07.21 11:13 I attest to the accuracy and authenticity of this order/judgment CWP-5275-2022 4 respondent No.3- Sub Registrar that, in the event the petitioner presents the conveyance deed for registration within a period of fifteen days from today, he shall examine the matter in accordance with law, conduct a proper inquiry, afford an opportunity of hearing to the petitioner, and thereafter pass a speaking order within a period of thirty days from the date of presentation of the document. (KULDEEP TIWARI) July 16, 2026 JUDGE devinder Whether speaking/reasoned : Yes/No Whether Reportable : Yes/No DEVINDER YADAV 2026.07.21 11:13 I attest to the accuracy and authenticity of this order/judgment