How To File Writ Petition Against Sub-Registrar

Writ petitions serve as efficient legal tools for going after justice and redress against administrative tasks or governmental actions. Resolving issues concerning the conduct or rulings of a Sub-Registrar could profit from the application of a writ petition. 

Sub-registrars serve as crucial to the registration procedure of many legal documents, which include agreements and property deeds. Nonetheless, there may be times when their decisions or actions are contested or interrogated. A writ petition can be utilized in these situations to address complaints and request remedy.

Who is a Sub-registrar?

The Department’s entry-level officer is called a Sub-Registrar. He is employed under Section 6 of the Registration Act as a public servant, and he carries out his duties in accordance with the provisions of several Acts, such as the Indian Stamp Act and the Registration Act.

What is a Writ of Mandamus?

• A writ of mandamus is an order compelling someone to carry out an action for which they are legally accountable and may be issued by a judge at the petitioner’s request.
• A writ of mandamus may also be issued when a lower court or government agency needs to enforce its legal obligations or stop abusing its authority. 
• The party requesting the enforcement of a writ of mandamus must be able to demonstrate that they have the legal authority to order the respondent to carry out the specific act or refrain from carrying it out.

Writ Petition against Sub-Registrar: Grounds to File

A Writ of Mandamus is a remedial writ and cannot be referred to as a writ of right because the petitioner must successfully show the court that the writ would address a fair or utilitarian issue before the writ can be granted.

The following are the main grounds for filing a writ petition against sub-registrar:

• The petitioners legally recognized right has been infringed upon or jeopardized.
• A public authority may violate an applicant’s rights in the following ways:

1. Not restricting themselves to the duties and authority of their position
2. The inability or refusal to exercise their authority in a way that complies with the law.
3. A public servant or authority who declines to fulfill their legally mandated duties.
4. A flagrant disdain for or transgression of natural justice principles.

Writ Petition against Sub-Registrar: Filing Procedure

The procedure to file a writ petition against sub-registrar is as follows:

• Attach Supporting Documents: Provide all pertinent records, affidavits, and proof to back up the petitioner’s allegations against the sub-registrar. These documents must be used to bolster the case against the sub-registrar. An affidavit attesting to its authenticity that has been signed and submitted is needed to finish the petition process. It must be signed by the petitioner or a designated representative.
• Filing the Writ Petition: Ideally with the assistance of legal counsel, prepare and file the writ petition against the sub-registrar with the court, paying the required filing fees and following the instructions. A writ of mandamus might need to be filed in order to compel a sub-registrar to perform its legal responsibilities if they are not being fulfilled. Please make sure that your file satisfies all procedural requirements set forth by the court. By doing this, you can make sure that your case is handled properly and that your submission is accepted.
• Serving the Notice: Following submission, the respondents may receive notices from the court alerting them to the writ petition against the sub-registrar. The respondents are given the opportunity to express their opinions.
• Hearing: To hear from both parties, review the evidence, and issue any needed temporary orders or directives, the court will set up a hearing.
• Judgment: The court will next render a judgment in light of the arguments made and relevant legal principles.

Writ Petition against Sub-Registrar: Template

The template for filing the writ petition against sub-registrar is provided below:

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