ANJU DEVI AND ANOTHER v. STATE OF HARYANA AND ANOTHER
CWP/10699/2025 · 2025-04-21
Kuldeep Tiwari
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46045 (PNJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46045 (PNJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
118 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-10699-2025 Date of Decision : 21.04.2025 ANJU DEVI AND ANOTHER
.....Petitioners VERSUS STATE OF HARYANA AND ANOTHER .....Respondents
CORAM:
HON'BLE MR. JUSTICE KULDEEP TIWARI Present : Mr. Pardeep Kumar Rapria, Advocate, for the petitioners. Mr. Bhupender Singh, DAG, Haryana.
KULDEEP TIWARI,
J.(Oral)
1. The indolent and lackadaisical approach of the Sub- Registrar, Gurugram (respondent no.2), propelled the present petitioners to approach this Court, through the instant writ petition filed under Article 226/227 of the Constitution of India, for issuance of a mandamus upon the respondent no.2, to adhere to the principle of Section 17(1) of Registration Act, 1908, as despite representation (Annexure P-2)/oral requests made by them to register the conveyance deed, executed way back in November, 2024, neither the said deed was registered, nor any refusal order was passed.
2.
Learned counsel for the petitioners submits that the act and conduct of respondent no.2, is totally against the settled law and the provisions of Section 71 of the Registration Act, 1908, which mandates upon a Sub-Registrar, either to pass a speaking order in case of refusal for registration, or to register the executed document in accordance with law, DHARAM VIR 2025.04.23 11:58 I attest to the accuracy and integrity of this document
CWP-10699-2025 -2- but, none of actions, has been taken thereon so far, and even their representation (supra), has not been decided till date.
3. Notice of motion.
4. Mr. Bhupender Singh, DAG, Haryana, accepts notice on behalf of all the respondents, and waives service.
5. He submits that the Sub-Registrar, Gurugram (respondent no.2), will pass an apt order in accordance with the provision of the Registration Act, 1908, as well as the law laid down by this Court, in case the petitioners revisit the office of the latter concerned.
6. In view of the specific stand taken by learned State counsel, a mandamus is passed by the Sub-Registrar, Gurugram (respondent no.2), to decide the representation (supra) of the petitioners.
7. It goes without saying that the apt decision shall be taken on the representation (supra), by passing a speaking order, and after giving due opportunity of hearing to the petitioners.
8. The petitioners are at liberty to revisit the office of the Sub- Registrar, Gurugram (respondent no.2), within a period of 07 days from today, and thereupon, the latter concerned, is required to pass a speaking
order on the representation (supra), within a period of 04 weeks thereafter.
9.
Disposed of accordingly.
(KULDEEP TIWARI) April 21, 2025
JUDGE dharamvir Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No DHARAM VIR 2025.04.23 11:58 I attest to the accuracy and integrity of this document