Bakhshinder Singh And Another v. State Of Punjab And Others

-1IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH (123) Date of decision:- 02.12.2025 Bakhshinder Singh and another ... Petitioners

Versus

State of Punjab and others ... Respondents CORAM: HON'BLE MR. JUSTICE SUVIR SEHGAL Present:- Mr. Umesh Kaushik, Advocate for the petitioners.

**** SUVIR SEHGAL, J. (ORAL) 1.

By way of present petition, petitioners have, inter alia, sought issuance of a writ, in the nature of mandamus, directing respondent No.2District Magistrate, Patiala to initiate criminal proceedings against persons involved in forging sale deed dated 17.12.2024, Annexure P-5. 2.

Mr. Umesh Kaushik, Advocate states that the petitioners, who are residing abroad, are owners of agricultural land situated within the revenue estate of village Bahmna, Tehsil Samana, District Patiala, which was leased out to Daljeet Singh, who has been cultivating it. Counsel states that during his visit to India in October, 2025, petitioner No.1 came to know that the said land had been transferred in the name of Paramjit Kaur vide sale deed dated 17.12.2024, Annexure P-5, which had been mutated in her favour. Counsel asserts that after getting the certified copies of the documents, petitioners

-2submitted representations before the revenue authorities and vide order dated 07.02.2025, Annexure P-4, registering authority stayed further transfer to any other person and formed an opinion that action deserves to be taken under Section 82 of the Registration Act, 1908 (for short "the Act"). Counsel points that an FIR bearing No.0090 dated 19.06.2025, Annexure P-10, has been registered for offences under the BNS and petitioners have filed a civil suit, Annexure P-11, for declaration. Counsel submits that representation dated 08.09.2025, Annexure P-12, has been given to respondent No.2 to initiate action under Section 82 of the Act, which is pending. Counsel has sought a direction to the respondents to initiate the proceedings under the aforesaid provision.

3.

I have heard counsel for the petitioner and considered his submission.

4. Section 82 of the Act deals with penalty for making false statements, delivering false copies or translations, false personation, and abetting offences under the Act. This power has been vested upon the registering authority, where it finds that there has been an impersonation or fraud at the time of the registration and he has been empowered to initiate action to prosecute for various offences under Section 83 of the Act. By virtue of order dated 07.02.2025, Annexure P-4, registering authority has stopped further transfer and mutation of the land in favour of any other person and is prima-facie of the view that property has been registered on the basis of forged document for which an action deserves to be taken under Section 82 of the Act. As the authority has already formed an opinion and taken a decision to initiate action,

-3a petition seeking direction to the authority to do so would not lie. It is expected that necessary action shall be taken by the authority in accordance with law.

5.

Present writ petition is not maintainable and is dismissed as such. (SUVIR SEHGAL) JUDGE 02.12.2025 Kamal Whether Speaking/Reasoned Yes/No Whether Reportable Yes/No