Andhra HC (PreTelangana) P. Narasimha Reddy And Anr. vs SubRegistrar, Shameerpet Mandal And ... on 18 February, 2005 Equivalent citations: 2005(2)ALD807, 2005(4)ALT260 ORDER P.S. Narayana, J. 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 2131970 and 21111970 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 2281996. 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 2881996 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 1891996. 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 12101996 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 5121996 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. 4. In the counteraffidavit filed, it was averred that the petitioners had not presented the documents for registration before the first respondent at the first instance, but they asked for the value as per the market value guidelines and the first respondent intimated the petitioners that the survey numbers are temple lands, as per the Mandal Revenue Officer Letter No. B/29/91 dated 1031993. The petitioners filed Writ Petition No. 17820 of 1996 before this Court, and under the directions of this Court, the document was kept pending as No. 29 of 1996 and refused registration on 5121996 under Section 71 of the Indian Registration Act (hereinafter referred to as 'the Act' for brevity), as the lands noted in Letter No. B/29/91 issued by the Mandal Revenue Officer, Shameerpet, under the instructions of the Collector, Rangareddy, for declaring as temple lands. It is further stated that under Section 72 of the Act, an appeal is provided for to the Registrar from any orders passed by the SubRegistrar, refusing registration. The petitioners failed to avail the alternative remedy. It is further stated that the document was kept pending as No. 29 of 1996 on 1891996, as the Mandal Revenue Officer, Shameerpet, had addressed a letter to the office on 1031993 not to entertain