SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Admitted to Full Bench.

(2.) There is divergent opinion of two different Division Benches on the matter of granting interim relief, which have already been noticed in Civil Writ Petition No. 5936 of 1993, aforesaid. Let the matter of interim relief be now listed before the Full Bench, which is already stated to have been constituted. Parties may approach the aforesaid Full Bench for getting the interim matter decided.

(3.) This brings us to the disposal of the stay matter. The counsel for the petitioners has submitted before us that during the pendency of the writ petition, operation of instructions be stayed. If the stay asked for is granted, it would mean that the petitioners would be entitled to get the sale deed registered at the rates fixed between the vendor and the vendee. The counsel for the respondents submitted before us that the Hon'ble Supreme Court has granted stay of the operation of the judgment of this court by which instructions have been struck down. The Counsel has argued that in view of the grant of the stay of the operation of the judgment of this Court, it is no longer open to this Court to grant stay of the operation of the instructions issued by the Punjab Government. He has further pointed out that a Division Bench of this Court in C.W.P. No. 5936 of 1993 has already observed that the Collectors in the State of Punjab should not entertain any sale deed for registration unless stamp duty is paid by the parties according to the instructions issued by the State. The pointed attention of this Court has been brought to the following order passed by the Division Bench in C.W.P. 5936 of 1993 :