Major Singh vs State of Punjab and Others

Ritu Bahri, J.—The present petition filed under Articles 226/227 of the Constitution of India is for issuing a writ in the nature of mandamus directing respondent No. 2 to release the sale deed of the petitioner without insisting on depositing the stamp duty at the present collector rate.

The petitioner got registered a sale deed and the same was executed by the Local Commissioner appointed by the Court. After the sale deed was registered, the same was not released to the petitioner as the officials are demanding more stamp duty. A detailed representation dated 24.05.2014 (P-4) has been given by the petitioner but no action has been taken on it.

Learned counsel for the petitioner has referred to a Division Bench judgment passed by this Court in a case of Manoj Kumar Vs. State of Haryana and Others, whereby it has been held that the ostensible sale price given in the transfer deed has to be accepted and the decree passed by the Court cannot be questioned and the genuineness of the sale price has to be presumed.

In view of the above position, this petition, at this stage is disposed of without expressing any opinion on the merits of the case, by giving a direction to respondent No. 2 to pass an appropriate order on the representation dated 24.05.2014 (P-4) of the petitioner and decide the same in accordance with law.