OM PARKASH PARIHAR Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioners have filed this Civil Writ Petition for mandamus or direction directing respondent No.3 -Haryana Urban Development Authority (hereinafter referred to as 'HUDA'), respondent No.1-State of Haryana and respondent No.4-Director, Town and Country Planning, Haryana, to register the sale deed of the property in question in the name of the petitioners as required by the provisions of Registration Act .

(2.) The case of the petitioners is that they purchased flat measuring 166 Sq. Yards from respondent No.2-M/s Ansal Buildwell Ltd., vide agreement for sale-cum-allotment letter dated 06.03.2009. The possession of the flat was obtained by the petitioners from the said respondent on 25.03.2011. The ownership of the flat has not been transferred in the name of the petitioners by respondent No.2 by way of registered deed on the ground that, as per circular (Annexure R-1) dated 27.03.2009 issued by the Special Secretary, Financial Commissioner-cum-Principal Secretary to Government of Haryana, Town and Country Planning Department, the registration of independent floors can be allowed only regarding the plots measuring 180 Sq. Yards and above.

(3.) In the written reply, respondent Nos.3 and 4 have contended that the plot of the petitioners being less than 180 Sq. Yards, it's conveyance/sale deed cannot be registered, as per the instructions dated 13.03.2009/27.03.2009 issued by the State Government.