A.L.BAHRI AND ASHOK BHAN, JJ. - (1.) ADMITTED to Full Bench. To be listed for final hearing alongwith Civil Writ Petition No. 5936 of 1993, already admitted to Full Bench vide order dated June 15,1993.
(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. JUDGMENT N. C. Jain, Amarjeet Chaudhary and Sarojeni Saksena, JJ. The main writ petition is adjourned sine-die in order to await the decision of the Hon'ble Supreme Court in the case of State of Punjab v. Chamkaur Singh and others Civil Appeal No. 5425 of 1990 and other connected cases. 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: "mr. A. P. S. Deol, Advocate. Mr. G. S. Cheema, AAG (P ). Judgment of the Division Bench of this Court has been challenged in Hon'ble the Supreme Court and the appeal stands admitted. Operation of the judgment of this Court has been stayed. During the pendency of the appeal before Hon'ble the Supreme Court, there is no question of complying with the judgment of the Division Bench of this Court, which is under challenge and the operation whereof has been stayed. The learned counsel for the petitioners has placed before us copies of various judgments of Division Benches of this Court, wherein despite the admission of the appeal and the stay granted by Hon'ble the Supreme Court, the writ petitions have been allowed. We do not agree with these judgments. However, for the sake of uniformity, we admit this writ petition to Full Bench. In the meantime, all the Collectors in the State of Punjab are directed to strictly enforce the law laid down by Hon'ble the Supreme Court and not to entertain any sale deed for registration unless the stamp duties are paid by the parties according to the instructions issued by State. A copy of this order shall be sent to the Financial Commissioner (Revenue) and the Chief Secretary, Punjab, for meticulous compliance of our order. "
(3.) THE afore-mentioned order was passed after hearing the counsel for the petitioners in that case and the counsel for the State.;