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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V.SHRAVAN KUMAR, J
Ven Infra Projects, Hyderabad – Appellant
Versus
State of Telangana – Respondent
| Table of Content |
|---|
| 1. petitioner claims ownership (Para 2) |
| 2. counsel argues for registration (Para 3 , 4) |
| 3. registration authority's duty (Para 5 , 6 , 7 , 8 , 9) |
| 4. failure to present documents (Para 10 , 11 , 12 , 13) |
| 5. writ petition dismissed (Para 14) |
ORDER :
N.V. Shravan Kumar, J.
This writ petition is filed seeking the following prayer:-
“to declare the action of the 4th Respondent in refusing to receive, register and release the lease deed and mortgage deed presented by the petitioner in respect of land admeasuring 0-17.69 guntas or equivalent 2140 Sq.yards along with temporary structures in Sy No.11/33, situated at Khanamet Village, Serilingampally Mandal, Ranga Reddy District, as illegal, arbitrary, without jurisdiction and contrary to the provision of the Registration Act, 1908 and in violation of Article 14 of the Constitution of India and consequently direct the 4th Respondent to receive, register and release lease deed and the mortgage deed in respect of land admeasuring 0-17.69 guntas or equivalent 2140 Sq.yards along with temporary structures in Sy No.11/33, situated at Khanamet Village, Serilingampally Mandal, Ranga Reddy District.”
2. Brief facts to this writ petition are
A petitioner must comply with statutory requirements for document registration, and failure to provide evidence of proper presentation can lead to dismissal of the writ petition.
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.
A writ of mandamus cannot be issued without evidence of a demand for registration being met with refusal, and parties must follow the procedure outlined in the Registration Act.
A writ of mandamus requires evidence of a demand for public duty performance and refusal; without this, the petition cannot succeed.
A petitioner must comply with mandatory registration procedures, including presenting executed documents, to seek relief in writ jurisdiction.
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.
A party must present documents for registration as per the Registration Act, and failure to do so negates claims of wrongful refusal.
The Sub-Registrar must register documents presented for registration unless legally prohibited, following the Registration Act's provisions.
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