KRISHNA GOPAL KATARIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) AT issue, in this writ petition under Arts. 226 and 227 of the Constitution is the legality and validity of instructions dt. Oct. 21/22, 1982 (Annexure P-3), issued by the Additional Deputy Commissioner, Patiala, debarring Sub-Registrars from registering the sale or lease deeds in respect of the properties pertaining to religious places and Deras; orders dt. March 14, 1983 (Annexure P-2) passed by the Sub-Registrar, Patiala declining to register the lease-deed presented by the petitioners and the order dt. June 1,1984, of the Registrar, Patiala (Annexure P-4), dismissing the petitioners appeal against the orders of the Sub-Registrar.

(2.) A broad brush backdrop will help; to delineate the contours of forensic controversy:-3. Surinder Singh, Petitioners 2, took on perpetual lease land measuring 4 Bighas belonging to Shivala Mandir, situate in village Badungar, Tehsil and District Patiala vide a registered lease deed dt. July 15, 1982. This land represented 1/3rd share of Khasra No. 456-min measuring 12 Biswas. It was stipulated in the lease deed that the lessee was entitled to sub let the property on the same terms and conditions on which lease was granted to him. Petitioners 2 entered into an agreement for sub-leasing of property mentioned above to petitioners 1 for 96 years vide agreement dt. March 14, 1983. This lease deed was presented for registration before the Sub-Registrar, Patiala, respondent 3 by the petitioners, who declined to register the document and passed the following order:-