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2025 DAILYLAW 58290 (PNJ)

LAKHVEER SINGH AND ORS v. STATE OF PUNJAB AND ORS

CWP/14004/2025 · 2025-05-15

Kuldeep Tiwari

body2025

Judgment text

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136 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-14004-2025 Date of Decision : 15.05.2025 LAKHVEER SINGH AND OTHERS .....Petitioners VERSUS STATE OF PUNJAB AND OTHERS .....Respondents CORAM: HON'BLE MR. JUSTICE KULDEEP TIWARI Present : Mr. Nirmaljeet Singh Sidhu, Advocate, for the petitioner. Mr.Pardeep Bajaj, DAG, Punjab. KULDEEP TIWARI, J.(Oral) 1. The petitioners, fetching grievance on account of the indolent and lackadaisical approach of respondent no.4, for not registering their sale deed dated 06.02.2025 (Annexure P-1), and Sale Deed Bakaimi Rehn dated 06.02.2025 (Annexure P-2), duly executed by the original owners in favour of the present petitioners, have approached this Court through the instant petition filed under Article 226/227 of the Constitution of India, seeking a writ of mandamus. 2. Learned counsel for the petitioners submits that after execution of the sale deeds (supra), on stamp papers, the petitioners, including seller and vendor, had visited the office of Sub-Registrar concerned, for getting the said deeds registered, however, the same were neither registered, nor any refusal order was passed thereon. DHARAM VIR 2025.05.19 10:54 I attest to the accuracy and integrity of this document CWP-14004-2025 -2- 3. He further placed reliance upon the provisions of Section 71 of the Registration Act, 1908, to submit that the Sub-Registrar concerned, is under bounden duty, to either register the sale deed, or to pass a refusal order. 4. Notice of motion. 5. Mr.Pardeep Bajaj, DAG, Punjab, accepts notice on behalf of respondents-State and waives service. 6. This Court has heard learned counsel for the parties concerned, and has perused the entire case file, and is of the considered view that the instant motion can be disposed of with a mandamus upon respondent no.4-Tehsildar-cum-Sub Registrar, Rampura, to take a final decision, on the sale deeds (supra), as executed by the petitioners, by passing a speaking order in view of provisions of the Registration Act, 1908, within a period of one month from the date of receipt of a certified copy of this order. 7. It goes without saying that in case respondent no.4, comes to conclusion that the sale deeds (supra) cannot be registered, he/she shall pass a speaking order in accordance with the provisions of Section 71 of the Registration Act, 1908. 8. Disposed of accordingly. (KULDEEP TIWARI) May 15, 2025 JUDGE dharamvir Whether speaking/reasoned. : Yes/No Whether Reportable. : Yes/No DHARAM VIR 2025.05.19 10:54 I attest to the accuracy and integrity of this document