The Single Judge dismissed a writ petition filed by a landowner seeking mandamus to prevent registration of lands before objection could be raised, holding that relief cannot be sought on mere apprehension prior to document presentation. The related miscellaneous petition was also closed.
The writ petition was dismissed with no costs awarded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE MR. JUSTICE R. SUBHASH REDDY WRIT PETITION No.24365 of 2012
ORDER:-
Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue for the 1st respondent.
This writ petition is filed seeking a mandamus declaring the action of the 1st respondent in trying to register the petition schedule property in favour of the third parties, as illegal and arbitrary. The petitioner claims that he is the owner and possessor of lands admeasuring Ac.1.70 cents and Ac.1.80½ cents out of Ac.15.40 cents in Sy.No.216/3 of Thimminaidupalem Village, Renigunta, Chittoor District. It is stated that he has purchased the aforesaid lands from its lawful vendor by registered document No.1838 of 2005, dated 09.03.2005. It is also stated that when the unofficial respondents are interfering with the lands in question, the petitioner filed O.S.No.620 of 2010 on the file of the learned Additional Senior Civil Judge, Tirupati, for injunction and finally the suit was decreed in his favour.
In the affidavit filed in support of this Writ Petition it is stated that the petitioner is apprehending that the unofficial respondents are trying to produce some sham and nominal documents before the 1st respondent for transfer/alienation of the aforesaid lands and in that view of the matter he seeks direction to the registering authority not to entertain registration. From the said affidavit it is clear that on mere apprehension this Writ Petition is filed. If there are any objections for registering the document, it is open to the petitioner to bring the same to the notice of the registering authority, but even before the documents are presented for registration, in anticipation, the petitioner cannot seek relief as prayed for.
For the aforesaid reasons, the Writ Petition is dismissed. No costs.
As a sequel, WPMP.No.31103 of 2012 stands closed.
Date: 07.08.2012 ES
R. SUBHASH REDDY, J
1 issue framed by the court
Whether a petitioner can seek anticipatory relief on mere apprehension without seeking objection to registration before document presentation.
Petitioner
Government Pleader for Revenue
R SUBHASH REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
