IMPORTANT POINT
IMPORTANT POINT
A writ of mandamus requires evidence of a demand for public duty performance and refusal; without this, the petition cannot succeed.

ORDER :

1. This writ petition is filed seeking “directions to the 3rd respondent to register the document in respect of the petitioner’s house bearing Door No. 1-57 (Old) 1-101 (New), in Sy. No. 49 admeasuring 266.67 sq. meters situated at Dwarakanagar Colony, Rekurthy Village Mandal and District Karimnagar in favour of the prospective purchaser.”

2. Learned counsel for the petitioner submits that petitioner is owner of the House bearing Door No. 1-57 (Old) 1-101 (New), in Sy. No. 49, admeasuring 266.67 sq. meters, situated at Dwarakanagar Colony, Rekurthy Village Mandal and District Karimnagar, having acquired the same through registered sale deed dated 23.06.2010. It is further submitted that the petitioner with an intention to sell the subject property executed the sale deed. However, the registering authority orally refused to register the subject document. Aggrieved by the same present writ petition is filed.

3. Learned counsel for the petitioner further submitted that the respondent authorities are duty bound to receive, register and release the subject document and in case of not registering, they shall assign reasons for refusal and pass orders accordingly. As such, it is prayed to direct the registering authority to register and release the sale deed presented in respect of the subject property.

4. Learned Assistant Government Pleader for Stamps and Registration submits that the procedure for seeking registration of a document is that the parties have to pay registration charges, stamp duty and other incidental charges by way of challan and the estimated amount for the same will be available in IGRS website, wherein Stamp duty and registration charges will be calculated, enabling the parties to pay the challan. Thereafter, the parties shall approach the registering authority, enclosing the challan along with the relevant documents, which proves that the parties have approached and made a proper presentation of document sough for registration. However, in the present case the petitioner had not enclosed the copy of draft sale deed, challan and no application is filed as a proof that the petitioner had approached the respondent No. 3.

5. Strongly disputing the contentions of the petitioner learned Assistant Government Pleader submitted that the petitioner neither approached the respondent No. 3 nor presented any document for registration. As such, the question of refusal by the respondent does not arise, and therefore, a writ of mandamus cannot be issued directing the respondent to register the so called proposed sale deed.

6. Heard, learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registrations appearing for respondents and perused the material available on record.

7. In the present case, it is relevant to refer the order dated 19.08.1999, passed in Deverneni Linga Rao vs. Sub-Registrar, Peddapalli, 1999 (6) ALD 144. The relevant paragraphs are extracted here under:

“8. The well established Rule, subject to certain exceptions, is that the applicant for mandamus must show by evidence, that he made a demand calling upon the concerned authority to perform his public duty and that was met with refusal either bywords or by conduct Applying this salutary rule, the Apex Court in Saraswati Industrial Syndicate Ltd. vs. Union of India, thus:

“.....The powers of the High Court under Article 226 arc not strictly confined to the limits to which proceedings for prerogative writs are subject in English practice. Nevertheless, the well-recognised rule that no writ or order in the nature of a mandamus would issue when there is no failure to perform a mandatory duty applies in this country as well. Even in cases of alleged breaches of mandatory duties, the salutary general rule, which is subject to certain exceptions, applied by us, as it is in England, when a writ of mandamus is asked for, could be stated as we find it set out in Halsbury's Laws of England (3rd Edition, Vol. 13, P. 106):

“As a general r