Parties must provide evidence of demand for registration in writ petitions; misleading claims can lead to dismissal without merits consideration.

ORDER :

This writ petition is filed seeking the following prayer:

“to declare the action of the 3 rd respondent in refusing to receive, register and release the sale deed in respect all that open Plot No.145, admeasuring 220.00 Square yards or 184.81 square meters, in Survey No.417/1, situated at Housing Colony of the APSRTC Employees Co-operative Housing Society Limited, Moula Ali, Malkajgiri, under GHMC of Malkajgiri Circle and Mandal Medchal-Malkaigiri District and bounded on North: 30 Wide Road, South: Open land Plot No.132, East: Open Land Plot No. 144, West: Open Land of Neighbors as illegal, arbitrary, against the provisions of Registration Act and against the settled principles of law and consequently direct the 3 rd respondent to receive, register and release the Sale Deed in respect of all that open Plot No.145, admeasuring 220.00 Square yards or 184.81 square meters, in Survey No.417/1, situated at Housing Colony of the APSRTC Employees Co-operative Housing Society Limited, Moula Ali, Malkajgiri, under GHMC of Malkajgiri Circle and Mandal Medchal-Malkaigiri District and bounded on North: 30 Wide Road, South: Open land Plot No.132, East: Open Land Plot No. 144, West: Open Land of Neighbors.”

2. The brief facts of the case are that the petitioner No.4 is the owner and peaceful possessors of the open Plot No.145, admeasuring 220.00 Square yards or 184.81 square meters, in Survey No.417/1, situated at Housing Colony of the APSRTC Employees Co-operative Housing Society Limited, Moula Ali, Malkajgiri, under GHMC of Malkajgiri Circle and Mandal, Medchal-Malkaigiri District and bounded on North: 30 Wide Road, South: Open land Plot No.132, East: Open Land Plot No. 144, West: Open Land of Neighbors, having acquired the same through registered sale deed dated 28.06.1982. Further case is that petitioner No.4 with an intention to sell the subject property to petitioner Nos.1 to 3 executed the sale deed and approached the respondent No.3 with the subject document. However, the respondent No.3 refused to register the subject document. Aggrieved by the same present writ petition is filed.

3. Learned counsel for the petitioners further submitted that the respondent No.3 is 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 respondent No.3 to receive, register and release the subject document.

4. Learned Assistant Government Pleader appearing for respondents submitted that the procedure for seeking registration of a document is that the parties have to pay registration charges, stamp duty and other incidental charges by way of challan and the estimated amount for the same will be available in IGRS website, wherein Stamp duty and registration charges will be calculated, enabling the parties to pay the challan. Thereafter, the parties shall approach the registering authority, enclosing the challan along with the relevant documents, which proves that the parties have approached and made a proper presentation of document sough for registration. However, in the preset case the petitioners had not enclosed the copy of challan, and no application was filed as a proof that the petitioners had approached the respondent No.3.

5. Strongly disputing the contentions of the petitioners learned Assistant Government Pleader submitted that the petitioners neither approached the respondent No.3 nor presented any document for registration and, as such, the question of refusal by the respondent does not arise, and therefore, a writ of mandamus cannot be issued directing the respondent to register the so called proposed sale deed.

6. Heard, learned counsel for the petitioners and learned Assistant Government Pleader for stamps and Registrations appearing for respondents and perused the material available on record.

7. It is not out of the place to observe that this Court on many occasions observed