The central legal point established in the judgment is the statutory obligation on revenue officers to sanction a mutation when a registered sale deed is forwarded to them and the importance of compliance with the prescribed procedure for mutation recording.

RAJIVE BHALLA, J. (ORAL) - 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.

4. I have heard counsel for the parties and perused the pleadings and the statutory provisions. Para 7.32 of the Manual reads as follows:

“7.32. Procedure as regards registered deeds of transfer:-Registrars and sub-registrars send [on 15th and last day of each month] to tahsildars particulars of all registered deeds which purport to transfer agricultural land. The office kanungo forwards these slips [within three days of their receipt in Tahsil office] to the field kanungo of the circle who distributes them to the patwaris concerned. The form of notice is as follows:-

1 2 3 4 5 6 7 8

Sr. Name Nature of Amount of Name Name No. Remarks

No. of the alienation and consideration and and and of

village the area, field money R/O R/O the where No. and entered in of of the registration

the land jamabandi the deed person person of the

is holding No. exe- to deed

situated of the land cuting whom

alienated and in the the

the case of deed land is

buildings situated alienated

with the

limits of a

municipal

committee, small

town committee

or notified area

committee

details of

property

according to

Section 21 (2)

of the

Registration

Act.

1 2 3 4 5

Serial No. Number of deed Name of village Date of field Remarks

Kanungo's report

returning the

Registration memo

to the

tahsil office

Where a deed is not to take effect immediately but after a specified period, this fact should be noted in the column for remarks.

(i) A file should be kept of all invoices received during the year and a fly index will be attached to it in the form usually adopted for miscellaneous files.

(ii) The registration memoranda should then be sent to the field kanungo, who will distribute them to the various patwaris for entry in their mutation registers in the usual way. The information in the memoranda is sufficient to enable the patwari to enter up the transfer in his register of mutations as soon as he receives them without reference to the transferee.

(iii) When the field kanungo hands over the memoranda to a patwari, the latter should make a note of the fact in his diary recording the serial number of the sheet received by him. The entry should be signed by the field kanungo. The patwari will then enter up in his register the mutations detailed in the memoranda [before the next inspection of the field kanungo], and endorse the fact of entry on the memoranda giving the serial number