Allowed

Ashok Kumar v. State of Haryana and Ors.

Punjab & Haryana HC12 Feb 2014CWP/19813/2012

Case brief

AI extract

What is this about?

This writ petition challenged the registration of a sale-deed obtained via a forged General Power of Attorney. The High Court allowed the petition, directing the Registrar to initiate proceedings for cancellation of the mutation and sale-deed in accordance with specific state regulations within four weeks.

What did the court decide?

Direction to the Registrar, Faridabad to pass appropriate orders for cancellation of the mutation and sale-deed within four weeks.

Ashok Kumar Vs State of Haryana and Ors. — Landlord and Tenant | Punjab & Haryana HC (2014)

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C.W.P. No. 19813 of 2012 [ 1 ]

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IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH

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C.W.P. No. 19813 of 2012 Date of Decision:Feb. 12,2014

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Ashok Kumar .............................................. Petitioner

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Versus

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State of Haryana and others .................. Respondents

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Coram: Hon'ble Ms. Justice Ritu Bahri

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1.To be referred to the Reporters or not?

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Whether the judgment should be reported in the Digest?

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Present: Mr. Atul Lakhanpal, Sr. Advocate with Mr. Arjun Lakhanpal, Advocate for the petitioner.

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Mr. Indrish Goel, Addl. A.G. Haryana.

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RITU BAHRI, J. (Oral)

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The short point for consideration in this writ petition is whether the respondents in view of letter dated 27.1.2011 (Annexure P4) were bound to cancel the registration of the sale-deed dated 26.11.2010.

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The case of the petitioner is that he is owner in possession of land measuring 6 Kanals 14 Marlas falling in Khasra Nos. 28//19/2(3-4), 22/2/1(3-10). On 13.12.2010 the Kaur Rupinderpetitioner came to know that a forged sale-deed dated 2014.02.18 16:50 I attest to the accuracy and integrity of this document Chandigarh

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[ 2 ]

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C.W.P. No. 19813 of 2012

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26.11.2010 had been made with regard to the above stated land. A mutation had been sanctioned by the Patwari in this regard. The sale-deed had been executed by one Basant Kumar son of Gulshan r/o H.No.3 Sainik Colony NH-2 Faridabad on the basis of General Power of Attorney bearing Vasika No. 1156 dated 10.11.2006 in favour of Krishan Kumar Solanki. The petitioner made a representation dated 20.1.2011 (Annexure P1) for cancellation of this mutation and sale-deed.

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On notice, the respondents have filed their reply admitting that after verification by the Sub-Registrar it was found that the said General Power of Attorney was forged and fabricated as per the letter dated 25.1.2011 written by Sub Registrar-I, Kashmere Gate Delhi (Annexure P3). Thereafter, respondent No.3 requested the respondent No.2 to cancel the sale-deed dated 26.11.2010. The petitioner was informed to approach the Civil Court for getting the sale-deed cancelled vide letter dated 27.12.2011 (Annexures R1 and R2).

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As per the information given by the Joint Sub Registrar vide Annexure P4 dated 27.1.2011 the General Power of Attorney bearing Vasika No.1156 dated 10.11.2006 did not relate to the petitioner and the sale-deed had been got registered on the basis of false General Power of Attorney. Reference has been made to instructions issued

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Kaur Rupinder 2014.02.18 16:50 I attest to the accuracy and integrity of this document Chandigarh

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[ 3 ]

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C.W.P. No. 19813 of 2012

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by the State of Haryana dated 5.4.2006 which have been annexed with this petition as Annexure P5 where directions have been given for cancellation of mutation which is based on a forged General Power of Attorney.

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This petition is being allowed in view of Annexures P4 and P5 dated 27.1.2011 and 5.4.2006 respectively and a direction is being given to the Registrar, Faridabad, to pass appropriate orders in accordance with law within four weeks from the date of receipt of a certified copy of this order.

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( RITU BAHRI ) JUDGE

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12.2.2014 rupi

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Kaur Rupinder 2014.02.18 16:50 I attest to the accuracy and integrity of this document Chandigarh

Ashok Kumar v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Ashok Kumar v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Coram

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