C BALA VARADA REDDY Vs. DISTRICT REGISTRAR

JUDGEMENT

(1.) The petitioner is invoking the jurisdiction under Article 226 of the Constitution of India to declare the action of the second respondent in issuing notice dated 15-9-1997 as illegal, arbitrary and unconstitutional and consequently seeks a direction to the respondents to register the documents submitted by him for the purpose of registration relating to an extent of Ac. 0.79 cents out of a total extent of Ac. 1.31 cents in Sy.No, 14/3 of Tiruchanur Village, Tirupati Rural Mandal, Chittoor District.

(2.) The writ affidavit filed by the petitioner herein shows that the property in Sy. No. 14/3 to the extent of Ac. 1.31 cents of Tiruchanoor village, Tirupati Rural Mandal is a private patta land of Palamakulu Changalrayulu which belongs to his family as ancestral property. It is the further case of the petitioner that the owner of the said property was inclined to sell the same and the petitioner was prepared to buy to the extent of Ac. 0.79 cents in Sy. No.14/3 for consideration. Accordingly the document was prepared and submitted to the Sub-Registrar for registration. But, the Sub-Registrar instead of registering the document, issued a notice to the petitioner informing that the Mandal Revenue Officer has informed him that the land in question belongs to the institution and the same cannot be registered. The petitioner was called upon by the Sub-Registrar to give explanation as to why the registration should not be refused. Aggrieved by the said order and also aggrieved by the notice issued by the Sub-Registrar, the petitioner was constrained to file the present writ petition.

(3.) The learned Counsel Mr. Narayana appearing on behalf of the writ petitioner herein submitted the bar that the Registrar has no jurisdiction to refuse to register the document except for the reasons stated under Section 35 (3) (a), (b) and (c) of the Indian Registration Act which reads as under: