Kashmir Singh v. State Of Punjab & ORS

CWP-24673-2015 (O&M)

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CWP-24673-2015 (O&M) Date of decision: 27.01.2020 Kashmir Singh

...Petitioner

Versus

State of Punjab and others

...Respondents

CORAM: HON'BLE MR. JUSTICE SUDHIR MITTAL

Present:

Mr.R.K. Arya, Advocate, for the petitioner.

Mr. Vikas Mohan Gupta, Addl. A.G., Punjab.

**** SUDHIR MITTAL, J. (ORAL) The petitioner purchased the land in dispute in an open auction held on 26.06.1998. Thereafter, a sale certificate dated 01.10.2012 has been executed in his favour. However, the same is not being registered. A detailed representation dated 15.01.2015 was made before the Deputy Commissioiner, Gurdaspur-respondent No.3, yet no action has been taken thereupon.

Learned State counsel submits that in view of Clause 7.42 of the Punjab Land Records Manual, 1909 the prior permission of the Deputy Commissioiner is necessary before the sale deed can be registered. SATYAWAN 2020.01.29 09:50 I attest to the accuracy and integrity of this document

CWP-24673-2015 (O&M) Be that as it may, a similar controversy came up before this Court in CWP No. 14377 of 2015 titled "Tarlok Singh vs. State of Punjab and others" which was disposed of vide order dated 20.07.2015 with a direction to the competent authority to decide the pending representation within a period of eight weeks. Thereafter, the competent authority had decided the representation vide order dated 20.08.2015 and issued direction for registration of sale certificate. Thus, the present writ petition is disposed of with a direction to respondent No.3 to take appropriate action in accordance with law within a period of six weeks from the date of receipt of certified copy of this order.

27.01.2020 (SUDHIR MITTAL) Satyawan JUDGE Whether speaking/reasoned Yes.

Whether reportable No.

SATYAWAN 2020.01.29 09:50 I attest to the accuracy and integrity of this document