Petitioner challenged instructions requiring market-rate registration of transfer deeds for PUDA property. Court held writ petition premature due to lack of cause of action as no objection had been raised. Petition dismissed.
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In the High Court of Punjab and Haryana at Chandigarh
C.W.P.No.7314 of 2008 Date of Decision:12-05-2008
Om Parkash Sharma
---Petitioner
vs.
State of Punjab and others
---Respondents
Coram: HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MRS. JUSTICE SABINA
Present: Mr. V.K.Sandhir, Advocate, for the petitioner
M.M.KUMAR, J.
The instructions dated 22.10.2002(Annexure P-6) are sought to be challenged on various grounds. According to the instructions any person who is seeking registration of transfer deed (popularly known as 'Registry) in cases where the property has been purchased from PUDA, is required to pay the prevailing market rate when the document is presented for registration irrespective of the fact that the property was purchased earlier. The petitioner appears to have purchased property much earlier and Conveyance Deed is sought to be executed. However, Conveyance Deed has not been presented so far so as to result into a cause
C.W.P.No.7314 of 2008
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of action by raising objection by the respondent to register the Conveyance Deed at the prevailing market rate. Therefore, there is no cause of action for the petitioner to challenge the instructions dated 22.10.2002 (Annexure
P-6).
Accordingly the writ petition is dismissed as premature.
(M.M.KUMAR) JUDGE
(SABINA) JUDGE
May 12, 2008 paramjit
Om Parkash Sharma
State of Punjab
M.M. Kumar
Sabina
As recorded by the court registry
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