P NARASIMHA REDDY Vs. SUB REGISTRAR SHAMEERPET MANDAL

JUDGEMENT

(1.) Heard Ms. Satyavathi, learned Counsel representing the writ petitioners and the learned Government Pleader for Revenue.

(2.) The writ petitioners filed the present writ petition seeking a writ of mandamus or any other appropriate direction regarding the action of the first respondent in refusing to register the document presented by the petitioners for registration without assigning any reasons, as illegal, arbitrary and without jurisdiction, and consequently direct the first respondent to receive and register the documents that may be presented by the petitioners for registration in respect of petitioners' lands and pass such other suitable orders.

(3.) It is averred that the petitioners are agriculturists by profession and are the absolute joint owners and possessors of the agricultural lands situated at Devara Yamjal Village, Shameerpet Mandal, Rangareddy District, and they inherited the above properties from their father. It is stated that some of the properties were purchased by the petitioners' father through registered sale deed dated 21-3-1970 and 21-11-1970 respectively. It is further stated that the petitioners have been in peaceful possession and enjoyment of those lands and the revenue records also substantiate the contention of the petitioners. It is further stated that the petitioners effected oral partition in the month of October 1991, and ever since then they are in separate possession and enjoyment of their respective shares. It is stated that the petitioners presented the documents before the first respondent for registration on 22-8-1996. But the first respondent refused to receive and register the same on the ground that they shall obtain clearance certificate from the second respondent. Since the first respondent refused to receive and register the documents presented by the petitioners pertaining to joint family property, the petitioners filed W.P. No.17820 of 1996 before this Court praying to direct the first respondent to receive and register the documents that may be presented by the petitioners for registration in respect of their agricultural lands, and this Court by its order dated 28-8-1996 disposed of the said writ petition directing the first respondent to register the documents, if it is in order or if in his opinion the same cannot be registered, the procedure prescribed under Section 71 of the Act shall be followed and appropriate orders be passed in accordance with law. It was further directed that the first respondent either to register the document or to refuse the same in accordance with law by recording the reasons for the said refusal. In pursuance of the said orders, the petitioners presented the documents by paying requisite fee on 18-9-1996. Though the first respondent received the documents on the same day, he had not released the said documents, even after the lapse of eight weeks for the reasons best known to him. As the first respondent failed to release the documents, in spite of repeated requests made by the petitioners, the petitioners got issued a legal notice dated 12-10-1996 requesting him to release the document forthwith, as otherwise, they will move this Court. Subsequent to the issue of the legal notice, the first respondent passed an order on 5-12-1996 refusing to register the document on the ground that the petitioners issued legal notice threatening to move this Court for contempt of Court. The said action is being questioned in the present writ petition.