Writ courts cannot adjudicate disputed civil rights; exhaustion of statutory remedies under the Registration Act is required.

ORDER :

S.M.Subramaniam, J.

1. Under assail is the writ order dated 21.10.2024 passed in W.P.No.30818 of 2024. The writ petitioner is the appellant before this Court.

Brief Facts of the Case:

2. Appellant presented a settlement deed for registration under the Registration Act, 1908, [hereinafter referred to as 'the Act']. The Registering Authority/Sub-Registrar refused to register the instrument on the ground that another person is in possession of a document relating to the same schedule property. Registering Authority has stated that presentant of the document does not have an absolute right. Secondly, as per document relied on, presentant holds one-fourth share in schedule property described in the instrument. Thus refusal check slip issued came to be challenged in the writ proceedings. Writ Court dismissed the writ petition on merits.

3. Findings of the Writ Court indicates that appellant does not have an absolute right over subject property.

Availability of Alternate Remedy and Writ Courts' Role:

4. This Court is of the considered view that Writ Court cannot decide disputed facts relating to civil rights. Power of judicial review of High Court under Article 226 of the Constitution of India is to ensure the processes through which a decision has been taken are in consonance with statutes and rules, but not the decision itself. Therefore, any findings touching upon civil rights in a writ order may cause prejudice to parties litigating civil rights and result in miscarriage of justice. Parties, at the first instance are expected to exhaust statutory remedy contemplated under the Act and in the present case, the scheme contemplated under the Registration Act is to be scrupulously followed.

5. Documents presented for registration are scrutinized by Registering Authority, and a decision is taken either to register the document or refuse registration. A slip has been issued to presentant of the document. Refusal slip per se would not provide a cause to institute a writ proceeding, since an adjudication/inquiry is contemplated under Section 71 of the Registration Act before Registering Authority.

6. Part XII of Registration Act provides “Of Refusal to Register”. Section 71 of the Act enumerates “Reasons for refusal to register to be recorded.—(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his Book No.2, and endorse the words “registration refused” on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered”.

7. A cursory reading of above provision would indicate that Registering Authority shall make an order of refusal and record reasons in Book No.2, and endorse the words “registration refused” on the document. Any person on receipt of refusal slip is at liberty to submit explanations, along with documents, if any to the Registering Authority, who in turn has to conduct an inquiry by affording opportunity to the presentant/representative of document. After conducting inquiry, Registering Authority has to register the document or pass a reasoned order for refusal to register under Section 71 of the Registration Act.

8. If the document presented is refused and a reasoned order refusing to register is passed, the said order is appealable under S