Registering authorities lack jurisdiction to adjudicate title disputes; civil court remedy required.

C O M M O N O R D E R

These two writ petitions are filed for identical reliefs, seeking a direction to the first to third respondents, namely the Inspector General of Registration, the District Registrar (Administration) and the Sub-

Registrar, to conduct an enquiry with reference to Survey No.326/1A and to consequently take action against the fourth to seventh respondents in accordance with law, based on the respective representations of the petitioners.

2. Upon hearing the learned counsel for the petitioner and upon perusal of the material records, it is seen that the petitioners claim that they have title to the property and are in possession and enjoyment of the same. However, the fourth to seventh respondents have wrongfully and fraudulently registered documents in respect of the said property. Therefore the petitioners have made representations seeking an enquiry and appropriate action.

3. When the matter came up for hearing, the learned counsel appearing on behalf of the private respondents, i.e., the fourth to seventh respondents, would submit that as a matter of fact, the patta stands in the name of the private respondents. The petitioners had earlier approached the fourth to seventh respondents for selling of the property, but the transaction did not materialise. Thereafter, taking advantage of their alleged influential position, the petitioners have started asserting rights over the property and the present Writ Petition is an abuse of process of law.

4. In reply thereto, the learned counsel for the petitioners would submit that the petitioners have already taken steps with reference to the cancellation of patta and the said proceedings are also pending.

5. I have considered the rival submissions made on either side and perused the material records of the case.

6. It is no longer res integra that questions of title, etc., cannot be gone into by the registering authorities. Even if the petitioners claim that they are the owners of the property, it is for them to approach the appropriate civil court for appropriate relief. Keeping such liberty open, the prayer in these Writ Petitions cannot be countenanced.