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2011 DIGILAW 31 (PNJ)

Surinder Pal Singh v. State of Punjab

2011-01-05

SURYA KANT

body2011
JUDGMENT Mr. Surya Kant, J. (Oral): - This order shall dispose of CWP Nos. 17578 and 17579 of 2010 as common questions of law and facts are involved in both these cases. The facts, however, have been extracted from CWP No. 17578 of 2010. 2. The petitioner seeks a Mandamus to direct the Tehsildarcum- Registering Authority, SAS Nagar, Mohali to register the Conveyance Deed in respect of Plot No. 2639, Sector 71, SAS Nagar, Mohali on the allotment price as per the Government notification dated 31.03.2010 [Annexure P-3]. 3. The undisputed facts are that the afore-stated plot was purchased by the parents of the petitioner in the year 1996, who applied for the transfer of the said plot in the name of the petitioner complete in all respects in February, 2010 and pursuant to their application, the plot was transferred in the name of the petitioner some where in the first week of June, 2010. Soon thereafter the petitioner applied for execution of the Conveyance Deed in his favour by the Allotting Authority, i.e., Greater Mohali Area Development Authority [GMADA]. The State of Punjab issued a notification dated 31.03.2010 inserting Rule 3-A in the Punjab Stamp [Dealing of Under-valued Instruments] Rules, 1983, inter-alia, enabling the allottees to seek registration of the Conveyance Deed at the allotment price of the plot provided that the same was presented for registration upto 30th day of June, 2010. 4. As stated earlier, the petitioner had also applied for registration of the Conveyance Deed in his favour and for that purpose, he submitted the draft Conveyance Deed along with relevant documents in the office of the GMADA on 11.06.2010. The said application was forwarded by the Estate Officer, GMADA to the Sub Registrar, SAS Nagar, Mohali for registration on 29.06.2010 [Annexure P-5]. The petitioner is said to have received the letter on 30.06.2010, namely, the last date to avail the concession granted by the State Government vide notification dated 31.03.2010. It is his case that he could reach the office of the Sub Registrar after 4.00 PM on 30.06.2010 and meanwhile the office had been closed and his request for registration of the Conveyance Deed was declined. 5. Respondents No. 1, 2 and 3 have filed reply/affidavit maintaining that since the petitioner reached the office of the Sub Registrar after 5.00 PM that the Conveyance Deed could not be registered on 30.06.2010. 6. 5. Respondents No. 1, 2 and 3 have filed reply/affidavit maintaining that since the petitioner reached the office of the Sub Registrar after 5.00 PM that the Conveyance Deed could not be registered on 30.06.2010. 6. Having heard learned counsel for the parties at some length and taking into consideration the time duration granted to the petitioner to approach the office of the Sub Registrar, I am of the considered view that it is not a case where the petitioner allowed the grass to grow under his feet and acted in such a negligent manner that he should be deprived of the concession extended by the State Government vide notification dated 31.03.2010. 7. Consequently, the writ petitions are allowed and the Sub Registrar, SAS Nagar, Mohali is directed to register the Conveyance Deed in respect of Plot Nos. 2630 and 2639, Sector 71, SAS Nagar, Mohali in favour of the petitioners on the allotment price. The needful shall be done within a period of two weeks from the date a certified copy of this order is received. 8. Suffice it to observe that the afore-stated direction has been issued in the light of the facts and circumstances of the cases in hand and it would not be treated as a binding precedent in such other cases where the allottee failed to approach the Sub Registrar for registration of the Conveyance Deed on time. 9. Disposed of. -----------0.K.B.0------------