ORDER

The Writ Petition is filed seeking to issue a Writ of Certiorarified Mandamus calling for records relating to the order passed by the 1st respondent in No.101/SRO-NVY/TRP/2023/64, dated 16/11/2023, quash the same and consequently direct the 1st respondent to complete the registration of the sale deed dated 03.08.2023, within a time frame to be fixed by this Court.

2. The case of the petitioner is that by way of release deed dated

09.11.2022, the 2nd respondent got an immovable property from his relatives. Thereafter, the 2nd respondent negotiated with the petitioner and agreed to sell the property for a sum of Rs.21 lakhs and also received the entire consideration and executed a sale deed on 03.08.2023. In addition to that, the petitioner paid a sum of Rs.1,05,000 towards stamp duty and transfer duty and a sum of Rs.10,697/- towards Registration and other charges and presented the sale deed for registration jointly with the 2nd respondent before the 1st respondent. The 1st respondent enquired and verified about the identity of the persons and execution of sale deed, payment of consideration. Photographs of the petitioner, 2nd respondent and two witnesses were taken before the 1st respondent and thumb impression of the above named persons persons were obtained. Print of the of the above were taken and signatures were obtained from all the persons. In continuation, thumb impression of the petitioner and the 2nd respondent were obtained in the Register relating to the office attendance maintained in the office of the 1st respondent. The petitioner was waiting in the registration office after completing their part of work for the 1st respondent to assign document number. Despite the 1st respondent finishing the major portion of registration, no document number was assigned by completing the registration. On enquiry, the 1st respondent said that he has got some doubt about the shares of persons settled the property in favour of the 2nd respondent and he will get it clarified with the legal experts and instructed the petitioner to come after two days. Ever after 15 days, the 1st respondent did not complete the registration despite repeated requests of the petitioner. Surprisingly on 18.08.2023, the 1st respondent handed over a letter dated 18.08.2023, purportedly given by the 2nd respondent stating that the sale consideration was not paid by the petitioner and hence, he wanted to cancel the sale deed and also the release deed. This is nothing but after though and unscrupulous action of the respondents to extract money illegally from the petitioner. Aggrieved by the in- action of the 1st respondent, a writ petition seeking mandamus was filed before this Court in W.P.No.31743 of 2023. On 06.11.2023, this Court was pleased to order notice to the respondents both through Court and post for hearing on 01.12.2023. The private notice sent through registered post to the 1st respondent was received on 14.11.2023. Two days after receiving notice in the Writ Petition, the 1st respondent passed the impugned or on 16.11.2023 refusing to register the sale deed on the ground that the 2nd respondent who is the vendor, submitted a representation on 18.08.2023 to cancel the registration. The 2nd respondent failed to appear before this Court even after receiving notice in the Writ Petition. On 12.12.2023, this Court closed the writ petition as infructuous after recording that the 1st respondent passed orders on 16.11.2023 refusing to register the sale deed. Since the said writ petition was closed, the petitioner has challenged the order passed by the 1st respondent dated

16.11.2023 which was passed pending W.P. No.31743/2023.

3. The learned counsel for the petiitoner submitted that as per Section st

35 of the Registration Act, the 1 respondent has no option except to register the document when the execution is admitted before him. He further st submitted that the 1 respondent says that he refused to register the sale deed under Section 71 of the Re