A petitioner must comply with mandatory registration procedures, including presenting executed documents, to seek relief in writ jurisdiction.

ORDER :

N.V. SHRAVAN KUMAR, J.

Questioning the action of the respondent No.3, Sub-Registrar, Shamshabad, in refusing to receive the documents presented by the petitioner for registration in respect of the land admeasuring Acs.3.00 gts., under Sy.Nos.725/1 Part, situated at Shamshabad village and Mandal, Ranga Reddy District, (hereinafter referred to as ‘the subject property’) without assigning any reasons, petitioner filed the present writ petition.

2. Brief facts of the case are that the petitioner claims to be the owner and possessor of the subject property having purchased the same from one Sri Vinay Kumar and another vide a registered sale deed bearing Document No.2341 of 2006 dated 18.12.2005. It is submitted that originally one late Sri G.Sayanna was the Pattedar and possessor of the subject lands including other lands and his name was recorded since the year 1954 in all concerned revenue records like Adangal/Pahani etc. The said G.Sayanna sold the subject lands in favour of the vendors of the petitioner vide registered sale deed bearing Documents No.1028 and 1029 of 1997 dated 19.11.1997 registered in the office of the SRO, Shamshabad, Rangareddy District. Thereafter, the names of the vendors of the petitioner were mutated in the revenue records in Adangal/Pahani and they were issued Pattadar Pass Book and title deed to that effect. Thereafter, the vendors sold the subject property in favour of the petitioner.

3. While so, due to personal necessities, now the petitioner intends to sell the subject property in favour of some third parties and approached the respondent No.3 for registration, who in turn refused to receive the said documents without assigning any reason. Hence, the petitioner filed the present writ petition.

4. On the earlier occasion on 10.11.2017, this Court, while passing Rule Nisi, has passed the following the interim order in WPMP. No.46873 of 2017, which reads as under:

“Learned Government Pleader for Revenue takes notice for respondents.

Having regard to the order dt.12-05-2016 of the Supreme Court in Special Leave to Appeal (C) …… CC No.8917 of 2016, 3^rd respondent shall receive the document presented by the petitioner for the purpose of registration and shall register the same subject to the final outcome of the said Special leave Petition as well as this Writ Petition and subject to complying with provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899 by the petitioner.”

5. Subsequent to the said order, the respondent No.3, while denying the writ averments, has filed counter affidavit/vacate stay petition, inter alia, stating that the petitioner has not taken any steps for mutation of the subject property in the Revenue records since the name of the petitioner is not reflecting in Dharani to enable the authority to examine the correlation to the above referred survey numbers and nature of classification of land and it is mandatory on the part of the petitioner to produce Pattadar Pass book and Title Deed for the subject land as it is also mandatory on the part of the authority to make an entry of every transaction of sale, gift, purchase, mortgage at the appropriate place under the signature and seal of the authority. It is further submitted that the petitioner has intentionally not made the Revenue Department as party respondents to this writ petition and behind their back, wanted to get the subject property registered without obtaining necessary clearances from the competent authorities, i.e. from ULC authority, conversion permission from the concerned authority, which enables the authority to examine the documents for proper payment of stamp duty and registration fee as required under the Registration Act and the Ru