A writ of mandamus cannot be issued unless there is a clear demand for action by the authority and a refusal to perform a mandatory duty, which was not established in this case.

JUDGMENT :

N.V.SHRAVAN KUMAR, J.

Writ Petition No. 31927 of 2024

1. This writ petition is filed seeking the following prayer:

“…declaring the action of the Respondent No.4 in non-entertaining the registration process and documentation on the plot of the Petitioner to an extent of 267 Sq.Yards in Plot No.125 in Survey Nos.68, 79 and 80 which is situated at Nadergul Village, Balapur Mandal, Ranga Reddy District under the Nadergul Grampanchayath, Ranga Reddy District is illegal, arbitrary unconstitutional and violation of Articles 14, 15, 21 of Constitution of India and also violation of Principles of Natural Justice and consequently direct the Respondent No.4 to entertain the registration on the plot of the Petitioner to an extent of 267 Sq Yards in Plot No.125 in Survey Nos.68, 79 and 80 which is situated at Nadergul Village, Balapur Mandal, Ranga Reddy District (subject property).”

2. The facts of the case in brief are that petitioner claims to be owner, possessor and enjoyer of open plot (referred as subject property) acquired by way of registered sale deed bearing Doc.No.9793 of 1985 dated 02.08.1985.The said document was registered before the Sub-Registrar Office, Champapet, i.e., respondent No.4. It is submitted that some of the real estate brokers approached the petitioner who are all relators, and demanded the petitioner to sell the land for cheaper rate and when such demand was denied, they created a fake death certificate on the petitioner and also created a fake legal heir certificate and created certain false documents. Upon coming to know about the said information, the petitioner approached Police, Meerpet and lodged the complaint against them in Cr.No.493 of 2020 and later were remanded to judicial custody and a charge sheet was registered vide C.C.No.5040 of 2021 which is pending before Metropolitan Magistrate, L.B.Nagar, Ranga Reddy District.

3. It is the further case of petitioner that some illegal documents were created on the subject property due to which petitioner was constrained to file a suit before the II Addl.Junior Civil Judge cum II Metropolitan Magistrate, L.B.Nagar, Ranga Reddy District in O.S.No.505 of 2020 to declare the sale deeds created by the third parties as illegal. Meanwhile, the Court granted an ad-interim injunction in I.A.No.66 of 2020. Thereafter, the petitioner, due to his financial requirements, intended to sell the subject property and entered into an agreement of sale with one Ale Ramadevi and received the sale consideration amount from her. Thereafter, petitioner along with vendee had approached respondent No.4 Office on 10.10.2024 and requested the Sub-Registrar to register the sale deed, however, respondent No.4 did not initiate the same for the reason that a suit in O.S.No.505 of 2020 is pending on the file of II Addl.Junior Civil Judge cum II Metropolitan Magistrate, L.B.Nagar, Ranga Reddy District. It is further submitted that the said suit was filed by the petitioner herein and a copy of injunction order passed by the trial Court was also produced before respondent No.4. However, respondent No.4 denied the registration basing on the injunction order. Questioning the action of respondent No.4, the present writ petition is filed.

4. A counter affidavit has been filed by respondent No.4 i.e., the Sub-Registrar, Champapet, Ranga Reddy District stating that on 10.10.2024, the petitioner has approached the office of respondent No.4 and has only taken information regarding registration of the subject property and informed the concerned authorities that injunction order was passed in his favour