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High Court of Punjab and HaryanaCWP/24236/2015dismissed

Pushpa Bhola v. State Of Haryana And ORS

2015-11-19Mr. Justice S.C. Datta2 pages

-1CWP No.24236 of 2015

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP No.24236 of 2015 Date of decision: 19.11.2015 Smt. Pushpa Bhola ....Petitioner

Versus

State of Haryana and others ....Respondents CORAM: HON'BLE MR. JUSTICE PARAMJEET SINGH 1) Whether Reporters of the local papers may be allowed to see the judgment ?

2) To be referred to the Reporters or not ?

3) Whether the judgment should be reported in the Digest ? Present: - Mr. R.K. Agnihotri, Advocate, for the petitioner. ***** PARAMJEET SINGH, J. (ORAL) Instant writ petition has been filed for direction to the respondents to register the sale deed dated 10.09.2015 (Annexure P-4) relating to property bearing shop No.4617, 4617-A, 4618, 4619, 4620 and house No.4616 situated at Cross Road No.8, Sarafa Bazaar, Ambala Cantt.

I have heard learned counsel for the petitioner and perused the record.

Learned counsel for the petitioner contends that petitioner presented the sale deed for registration before the Sub Registrar but he has orally rejected it.

The contention of the learned counsel for the petitioner cannot RAVINDER SINGH 2015.11.20 15:31 I attest to the accuracy and authenticity of this document

-2CWP No.24236 of 2015 be accepted. Under Section 71 of the Registration Act Sub-Registrar refusing to register a document is required to make an order of refusal and record his reasons for such order in his Book No.2, and endorse the words "registration refused" on the document. The order of the Sub Registrar passed under Section 71 of the Registration Act is appealable before the Registrar under Section 72 of the Registration Act. Under Section 73 of the Registration Act, if Sub Registrar refuses to register a document on the ground of denial of execution of the document, application can be made to the Registrar. However, in the present case, no order of refusal to register the document has been passed by Sub Registrar or any other authority. Petition appears to be pre-mature. Dismissed.

However, petitioner will be at liberty to approach the concerned authorities in accordance with law. (Paramjeet Singh) Judge November 19, 2015 R.S.

RAVINDER SINGH 2015.11.20 15:31 I attest to the accuracy and authenticity of this document