no mandate can be issued to the registering authority not to entertain any deed of conveyance presented before him. = The registering authorities have to process deeds of conveyance or any other document presented for registration, which is compulsorily registerable under Section 17 of the Indian Registration Act, 1908. In accordance with the provisions contained in the Registration Act and Rules made there under, once a document is presented before him by duly complying with all the statutory requirements, as per the provisions of the Act and Rules made there under, he cannot refuse to register the document. Furthermore, registering authority has no competence to go into the merits of the ownership claims of the individuals and enter into disputed questions. Furthermore, as registering authority is required to act strictly in accordance with the provisions of the Registration Act and Rules made there under, no mandate can be issued to the registering authority not to entertain any deed of conveyance presented before him.

 

HONOURABLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION NO.33825 OF 2017

Date: 11.10.2017

Between:

Kuthuru Chinna Venkata subbaiah @ K C Venkatasubbaiah,

S/o. Chinna Pullaiah, Aged 46 years, Occu: Business,

R/o. Door No.7/25, T.B.Road, Proddatur town and mandal,

Kadapa district and another.

…..Petitioners

and

The State of A.P., rep.by its Principal Secretary,

Revenue Department, AP Secretariat, Velagapudi,

Guntur district, A.P. state and others.

…..Respondents

The Court made the following:

PNR,J

W.P.No.33825 of 2017

2

HONOURABLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION NO.33825 OF 2017

ORDER:

This writ petition is filed praying to grant the following relief:

“to issue writ order or direction more particularly

one in the nature of writ of Mandamus declaring the

action of the Respondents 3 & 4 in registering the

documents bearing No.12 of 2013 and 13 of 2013 and the

documents generated through the Sale deed document

No.12 of 2013 bearing Nos.4497 to 4521 of 2017, 4459 to

4557 of 2017 and 4567 of 2017 in Sy.No.57, total extent of

Ac.4-39 cents or 1.777 hectors situated at Modemeedipalli

village, Kothapalle Panchayati, Proddatur Mandal, Kadapa

District, bounded by East: Land sold to Akula Subbanna

and Rama Chandra Reddy, West: Land of M.Thirupal

Reddy, North: Land of Nandaiah and South: Land of Akula

Subbanna is illegal, arbitrary, and in violation of Article

14, 16, 21 and 300-A of the Constitution of India and

consequently set aside the same null and void, and pass

such order or orders the Hon’ble Court deems fit and

proper.”

2. A bare perusal of the record would disclose that two

documents bearing Nos.12 and 13 of 2013 were registered and

based on the said documents, further deeds of conveyance were

registered. According to the petitioners, Muddarla Narayana sold

the land to an extent of Ac.3.49 cents in Sy.No.57 of

Modemeedipalli village, Kothapalle Panchayat, Kadapa district, to

the petitioners and they are in possession and enjoyment of the

same. According to the petitioners, Muddarla Narayana succeeded

to the said property and, therefore, his title was validly passed on

to the petitioners. While so, by relying on illegal sale transactions

made in the year 2013, respondents carrying on further sale

PNR,J

W.P.No.33825 of 2017

3

transactions. Aggrieved thereby, petitioners complained to the

Sub-Registrar as well as District Registrar and requested not to

entertain the deeds of conveyance in the said properties. The

averments made in the affidavit filed in support of the writ petition

also disclose that petitioners filed O.S.No.34 of 2017 in the Court

of II Additional District Judge, Kadapa praying to grant perpetual

injunction against defendants therein. Petitioners also filed

I.A.No.890 of 2017 praying to grant interim injunction. In the said

I.A., notice was ordered and suit is pending. In these

circumstances, this writ petition is filed for the prayer noted above.

3. The facts as briefly noted above would disclose that on a

dispute between the petitioners and unofficial respondents and

others, petitioners filed O.S.No.34 of 2017 and the said suit is

pending consideration. The registering authorities have to process

deeds of conveyance or any other document presented for

registration, which is compulsorily registerable under Section 17 of

the Indian Registration Act, 1908. In accordance with the

provisions contained in the Registration Act and Rules made there

under, once a document is presented before him by duly complying

with all the statutory requirements, as per the provisions of the Act

and Rules made there under, he cannot refuse to register the

document. Furthermore, registering authority has no competence

to go into the merits of the ownership claims of the individuals and

enter into disputed questions. Furthermore, as registering

authority is required to act strictly in accordance with the

provisions of the Registration Act and Rules made there under, no

mandate can be issued to the registering authority not to entertain

any deed of conveyance presented before him. Since petitioners

PNR,J

W.P.No.33825 of 2017

4

have already filed the suit against some of the respondents herein

praying to divide the entire schedule property into two shares of

Ac.2.00 and Ac.2.39 cents with specific meets and bounds and

allot Ac.2.00 to the plaintiff with exclusive rights, deliver the

possession of the plaintiff’s allotted share, on their failure to order

to deliver possession through Court of law, leaving it open to the

petitioners to prosecute the pending suit and IA/IAs filed / may be

filed, writ petition is dismissed.

Miscellaneous petitions, if any, pending in this writ petition

shall stand closed. There shall be no order as to costs.

___________________________

JUSTICE P.NAVEEN RAO

Date: 11.10.2017

kkm

PNR,J

W.P.No.33825 of 2017

5

HON’BLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION NO.33825 of 2017

Date: 11.10.2017

kkm