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2025 DAILYLAW 68294 (PNJ)

KAMINI JAIN AND OTHERS v. THE UNION TERRITORY, CHANDIGARH AND OTHERS

LPA/2068/2025 · 2025-08-28

Harsimran Singh Sethi, Vikas Suri

body2025

Judgment text

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 229+227+104+112 Date of Decision: 28.08.2025 (1) LPA-1560-2025 (O&M) SANGEETA KUMARI AND ORS ...Appellants Versus UT OF CHANDIGARH AND ORS ...Respondents (2) LPA-1664-2025 (O&M) RAJ KUMAR AND ORS ...Appellants Versus UT OF CHANDIGARH AND ORS ...Respondents (3) LPA-1616-2025 (O&M) CR DAHIYA ALIAS CHHAJU RAM DAHIYA ...Appellant Versus UT OF CHANDIGARH AND ORS ...Respondents (4) LPA-2237-2025 (O&M) DAVINDER KUMAR AND ORS ...Appellants Versus UNION TERRITORY CHANDIGARH AND ORS ...Respondents (5) LPA-2169-2025 SHOBHA JOLLY ...Appellant Versus THE UNION TERRITORY, CHANDIGARH AND ORS ...Respondents HARISH KUMAR 2025.09.01 10:49 I attest to the accuracy and authenticity of this order/judgment LPA-1560-2025 (O&M) & connected cases (2) (6) LPA-2068-2025 (O&M) KAMINI JAIN AND ORS ...Appellant Versus THE UNION TERRITORY, CHANDIGARH AND ORS ...Respondents CORAM: HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI HON'BLE MR. JUSTICE VIKAS SURI Present:- Mr. D.S. Rawat, Advocate, for the appellants in LPA-1560-2025. Mr. Vikas Chatrath, Advocate, with Mr. Abhishek Singla, Advocate, Ms. Preet Arora, Advocate and Mr. Sachit Kotoch, Advocate, for the appellants in LPA-1664-2025 & LPA-2237-2025. Dr. Rau P.S. Girwar, Advocate, with Ms. Archana Arora Rau, Advocate, Ms. K.T. Rau, Advocate and Mr. Ashish Sharma, Advocate, for the appellant in LPA-1616-2025. Mr. Ravinder Jain, Advocate for the appellants in LPA-2068-2025. Mr. Ram Lal Gupta, Advocate with Mr. Keshav Gupta, Advocate, for the appellants in LPA-2169-2025. Mr. Jaivir Chandail, Addl. Standing Counsel, with Ms. Shubreet Kaur, Advocate and Mr. Abhay Nanda, Advocate with Mr. Punnaydeep Sharma, Sub Registrar, U.T. Chandigarh, for respondents No. 1 to 6. Mr. Raj Kumar, Advocate, for Mr. Gagandeep Singh Wasu, Senior Standing Counsel, for respondent-CHB in LPA-1616-2025. ***** HARSIMRAN SINGH SETHI , J. (ORAL) CM-5185-LPA-2025 IN LPA-2068-2025 For the reasons mentioned in the application under Section 5 of HARISH KUMAR 2025.09.01 10:49 I attest to the accuracy and authenticity of this order/judgment LPA-1560-2025 (O&M) & connected cases (3) the Limitation Act for condonation of delay of 31 days in filing the appeal, which is supported by affidavit, the same is allowed and delay of 31 days in filing the appeal is condoned. CM stands disposed of. CM-5647-LPA-2025 IN LPA-2237-2025 For the reasons mentioned in the application under Section 5 of the Limitation Act for condonation of delay of 64 days in filing the appeal, which is supported by affidavit, the same is allowed and delay of 64 days in filing the appeal is condoned. CM stands disposed of. Main cases 1. After arguing for some time, learned counsel for the appellants submit that some of the appellants have filed representations raising certain grounds with regard to non-registration of their documents and the appellants will be satisfied in case the respondents are directed to decide the same by passing an appropriate order within some specified time period. Learned counsel further submit that liberty may also be granted to those appellants, who have already filed representation but intend to file a fresh detailed representation. Learned counsel further submit that the appellants, who have not filed any representation till date, they be also granted liberty to file detailed representation raising all the pleas. 2. Learned counsel appearing on behalf of the respondents submits that in case, such representation(s) have been received and already HARISH KUMAR 2025.09.01 10:49 I attest to the accuracy and authenticity of this order/judgment LPA-1560-2025 (O&M) & connected cases (4) not been decided, the same will be decided in accordance with law after appreciating all the facts within a period of four weeks from the date of receipt of copy of this order by the competent authority and in case, it is found feasible to accept the claim of the appellants, the same will be accepted, otherwise due reasons will be given for not accepting the claim of the appellants, which reasons will be conveyed to them as well. Learned counsel further submits that the appellants, who have not filed any representation and intends to file the same, their representations will also be decided within a period of four weeks from the date of receipt of such representation. 3. Learned counsel appearing for the appellants submits that in view of the statement made by the learned counsel representing the Chandigarh Administration, the present appeal may kindly be disposed of as having not been pressed any further. 4. At this stage, learned counsel for the appellants submit that as the registry of the documents is being delayed, the appellants in case chose to get the documents registered at the enhanced rates, the same may not come in the way to get a decision as to whether, the appellants were entitled for the benefit of getting the documents registered on a circle rate, which was prevalent prior to 01.04.2025 keeping in view the ground raised in the writ petition. 5. Keeping in view the facts mentioned hereinbefore, the present appeals are disposed with the direction that in case any representation has HARISH KUMAR 2025.09.01 10:49 I attest to the accuracy and authenticity of this order/judgment LPA-1560-2025 (O&M) & connected cases (5) already been received at the hands of the appellants, as undertaken by the respondents, the same be decided within a period of four weeks from the date of receipt of the copy of this order and in case, it is found feasible to grant the relief, the same be granted otherwise, due reasons be mentioned for not accepting the claim of the appellants, which reasons be also conveyed to them. Further, in case any appellant choses to file a representation, the same be also decided within a period of four weeks of receipt of the same. Further, in case during the pendency of the said process, any of the appellants decided to get the document registered at the enhanced circle rate, the same will be done in accordance with law but in case, after the registration of the document, it transpires that the representation of such appellants has been accepted, due action be taken for the refund of the excess stamp duty paid by such appellants. 6. All the pending applications stand disposed of. 7. Photocopy of this order be placed on the files of connected cases. ( HARSIMRAN SINGH SETHI ) JUDGE ( VIKAS SURI ) August 28, 2025 JUDGE harish Whether speaking/reasoned Yes Whether reportable No HARISH KUMAR 2025.09.01 10:49 I attest to the accuracy and authenticity of this order/judgment