KASHMIR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner prays for issuance of a writ in the nature of mandamus directing respondents to consider his application for sanction of a mutation on the basis of sale deed No. 253 dated 23.05.1990.

(2.) Counsel for the petitioner submits that paragraph 7.32 of the Punjab Land Record Manual (hereinafter referred to as the Manual) provides that a Sub Registrar/Registrar, exercising powers under the Registration Act, shall after registration of deeds of transfer of agricultural land, forward such deeds to the concerned Tehsildar, in a memorandum prescribed by paragraph 7.32 of the Manual. The Tehsildar is thereafter required to forward the registration memoranda to the concerned Patwaris for entry in their mutation registers. A vendee therefore, is not required to approach a Tehsildar or a Patwari for sanction of a mutation except where some dispute arises. Para 7.32 read with Sections 34, 35 and 37 of the Punjab Land Revenue Act, 1887, places a statutory obligation on revenue officers to sanction a mutation particularly when a registered sale deed is forwarded to them.

(3.) Counsel for the State of Haryana submits that after sale of the land to the petitioner, his vendee mortgaged the land with the Oriental Bank of Commerce and raised a loan. On account of default in payment of the loan, the land has been attached in execution proceedings. A mutation therefore, could not be entered in the name of the petitioner.