The central legal point established in the judgment is the obligation of the respondent to register the land document or pass appropriate orders under the Registration Act, and the petitioner's right to appeal under Section 71 of the Act.

JUDGMENT

M.Satyanarayana Murthy, J. - This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:

'to issue Writ, Order or Direction particularly one in the nature of Writ of Mandamus, declaring the action of respondents 2 and 3 in refusing to register the document relating to the land to an extent of Ac. 1.00 in Sy.No. 7/2 of Kothur village Tirupati Rural Mandal and kept the same pending vide P. No. 6/2012 as illegal arbitrary and violative of Sections 21 to 24 of Registration Act and consequently direct the respondents to register and release the document relate to the land to an extent of Ac. 1.00 in Sy. No. 7/2 of Kothur village Tirupati Rural Mandal which is kept pending registration vide P No 6/2012 and pass such other or orders.'

2. The case of the petitioner in brief is that the petitioner purchased the land from the petitioner's vendor admeasuring an extent of Ac.1.00 in Sy.No.7/2 of Kothur Village, Tirupati Rural Mandal, Chittoor District for valid consideration and submitted the same for registration complying with all the formalities such as payment of stamp duty, attestation of attestors etc., When the document was presented for registration, it was kept pending vide P.No.6/2012, without assigning any valid reasons for non registration, therefore, the action of the 3rd respondent is not in accordance with rules, as it is violative of Articles 14 and 300-A of the Constitution of India, and requested to issue a direction.

3. No counter affidavit is filed by the respondents.

4. It is an undisputed fact that the petitioner purchased the property from his vendor admeasuring to an extent of Ac.1.00 in Sy.No.7/2 of Kothur Village, Tirupati Rural Mandal and presented a document for registration before the 3rd respondent/Sub-Registrar, complying with all formalities such as payment of stamp duty, and other formalities under Registration Act, 1908. But, the 3rd respondent kept the document pending for registration assigning P.No.6/2012. It appears that the reasons assigned for keeping the document vide P.No.6/2012 is only due to pendency of civil litigation.

5. The 3rd respondent/Sub-Register is unconcerned with the pending litigation with regard to take appropriate action in civil litigation and he cannot keep the document pending vide P.No.6/2012 for registration and he may refuse registration of the document, if the land is included in prohibited property list or notified under Section 22-A of Registration Act, 1908 or the Registrar may refuse to register the document in terms of Section 22-B or 35 of Registration Act and in case the document cannot be registered for any of the reasons referred above, the Registrar is required to pass appropriate orders under Section 71 of the Act which is mandatory, enabling the petitioner to prefer an appeal contemplated under Section 71 of Registration Act, 1908.

6. Instead of passing an order under Section 71 of Registration Act, keeping the document pending for registration for years together is nothing, but failure to discharge the public duty by the public officer, and in such case, the Court can issue a direction compelling the public officer to discharge the public duty.

7. Hence, the 3rd respondent is directed to register the document, if it is, otherwise in order, as registration is not prohibited by any Act in force or in the absence of any prohibitory order issued by the Competent Court. In case, the 3rd respondent is not inclined to register the document on account of any of the orders, he is directed to pass appropriate orders under Section 71 of the Act enabling the petitioner to take appropriate steps to prefer an appeal within four (4) weeks from today.

8. With the above observation, Writ Petition is allowed. There shall be no order as to costs.

As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition shall stand closed.