A writ of mandamus cannot be issued without evidence of a demand for registration and subsequent refusal; misleading statements in affidavits can lead to dismissal.

ORDER :

N.V. Shravan Kumar, J.

This writ petition is filed seeking the following prayer:

“to declare the in-action of Respondent No.3 are illegal, arbitrary and contrary to the Law while directing the Respondent No.3 to consider by receiving register and release the document (Sale Deed) presented by the Petitioners Nos.1 to 3 pertaining to property in respect of all that Flat No.12, on the First Floor “B” Block in the building admeasuring 1000 Sq.feet of Built up area (including common areas), together with proportionate undivided share of land admeasuring 15 Sq.Yards or 12.54 Sq.Meters (out of a total extent of 9,277 Square yards), in Survey No.73, Situated at Archana Enclave, East Marredpally, under the limits of the Secunderabad Cantonment Board, Telanagana State.”

2. Facts rising to file this writ petition are that the petitioner No.1 claims to be the owner and possessor of Flat No.12, on the First Floor “B” Block in the building admeasuring 1000 Sq.feet of Built up area (including common areas), together with proportionate undivided share of land admeasuring 15 Sq.Yards or 12.54 Sq.Meters (out of a total extent of 9,277 Square yards), in Survey No.73, Situated at Archana Enclave, East Marredpally, under the limits of the Secunderabad Cantonment Board, Telanagana State, having acquired the same through registered sale deed dated 21.10.1994. Petitioner No.1 would further submit that he with an intention to sell the subject property to petitioner Nos.2 and 3 had executed a sale deed duly enclosing all the necessary link documents had approached the respondent No.3 for registration of the subject document. However, the respondent No.3 orally refused to register the same. Aggrieved by the same the present writ petition is filed.

3. Learned counsel for the petitioners would submit 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 subject document.

4. Learned Assistant Government Pleader for Stamps and Registration placed on record instructions issued by the respondent No.3, wherein it is stated that the petitioners has not presented any document in respect of subject property and further submitted that as per office records, Sy.No.73 of East Marredpally is prohibited property.

5. Learned Assistant Government Pleader has drawn attention of this Court to Section 32 and 34 of the Registration Act 1908, which reads as under:-

“32. Persons to present documents for registration.—Except in the cases mentioned in 1 [sections 31, 88 and 89], every document to be registered under this Act, whether such registration be compulsory or optional, shall be presented at the proper registration-office,—

(a) by some person executing or claiming under the same, or, in the case of a copy of a decree or order, claiming under the decree or order, or

(b) by the representative or assign of such a person, or 

(c) by the agent of such a person, representative or assign, duly authorized by power-of attorney executed and authenticated in manner hereinafter mentioned.

34. Enquiry before registration by registering officer.—(1) Subject to the provisions contained in this Part and in sections 41, 43, 45, 69, 75, 77, 88 and 89, no document shall be registered under this Act, unless the persons executing such document, or their representatives, assigns or agents authorized as aforesaid, appear before the registering officer within the time allowed for presentation under sections 23, 24, 25 and 26.”

Learned Assistant Government Pleader further submitted that the