Punjab-Haryana High Court
Amarjit Singh And Another vs State Of Haryana And Others on 20 February, 2009
Author: Surya Kant
Bench: Surya Kant
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
C.W.P NO. 2793 OF 2009
DECIDED ON : 20.02.2009
Amarjit Singh and another
...Petitioners
versus
State of Haryana and others
...Respondents
CORAM : HON'BLE MR. JUSTICE SURYA KANT
Present : Mr. Ravindra Jain, Advocate,
for the petitioners.
SURYA KANT, J. (ORAL)
Notice of motion.
Mr. R. D. Sharma, Senior DAG, Haryana, accepts notice on behalf of the respondents.
Keeping in view the nature of order which I propose to pass, there is no necessity to call upon the counter-affidavit of the official respondents.
The petitioners seek a direction to the Deputy Commissioner and Sub Registrar at Yamuna Nagar for registration of the Conveyance Deed in respect of House No. 247-L, Model Town, Yamuna Nagar, in which the petitioners are claiming to be co-owners to the extent of 412.5 square yards out of total area of 525 square yards.
The petitioners' case is that as per the municipal records, they are owners in possession of the aforementioned property to the extent of their share and there is no dispute or C.W.P NO. 2793 OF 2009 -2- litigation of any type between the co-owners. It is further explained that there is no order passed by any Court of competent jurisdiction, restraining alienation and/or creating any kind of encumbrance over the said property. Notwithstanding the same, the respondents are sitting tight over the execution of the conveyance deed presented on 30.12.2008.
Having heard learned counsel for the parties and keeping in view the plea taken by the petitioners, I deem it appropriate to dispose of this writ petition with a direction to the Deputy Commissioner-cum-Collector and Sub Registrar, Yamuna Nagar to register the conveyance deed presented by the petitioners, provided that there is no legal impediment against registration thereof. However, if respondents No.2 and 3 are of the view that on account of some valid reasons that the conveyance deed cannot be registered, such reason(s) shall be conveyed to the petitioners in writing within one week from the date of receipt of certified copy of the order.
Disposed of.
Copy of this order be given dasti on payment of usual charges.
FEBRUARY 20, 2009 (SURYA KANT) shalini JUDGE