Case Note & Summary
The petitioner, Basavaraj Shankrappa Avvannavar, an under-trial prisoner lodged in Central Prison, Dharwad, filed a writ petition under Articles 226 and 227 of the Constitution of India seeking a writ of mandamus directing the Superintendent of Central Prison (Respondent No.1) to permit the Senior Sub-Registrar, Dharwad (Respondent No.2) to visit the prison premises to complete the registration of a sale deed in respect of his property (Sy. No. 29 Block Hissa No. 5, Kamalapur Village, measuring 22 guntas). The petitioner contended that his incarceration prevented him from personally appearing before the Sub-Registrar's office, thereby impeding his right to deal with his property. The court, after hearing the petitioner's counsel and the Additional Government Advocate for the respondents, held that the right to property is not extinguished by incarceration. The court observed that under the Registration Act, 1908, the Sub-Registrar can attend at the prison to register a document executed by a prisoner, as the Act does not mandate personal appearance at the Sub-Registrar's office. The court allowed the petition and directed Respondent No.1 to permit Respondent No.2 or any authorized officer to visit the prison on a date and time fixed by the Superintendent to complete the registration formalities, including obtaining the petitioner's signatures. The court also directed the prison authorities to provide necessary security and ensure compliance with prison rules.
Headnote
A) Constitutional Law - Right to Property - Incarceration - An under-trial prisoner retains the right to deal with his property, and incarceration does not extinguish that right. The court can issue a writ of mandamus to facilitate registration of a sale deed by directing the prison authorities to permit the Sub-Registrar to visit the prison for completion of formalities under the Registration Act, 1908. (Paras 1-4) B) Registration Act, 1908 - Sections 31, 32, 33, 34, 35, 58, 60 - Registration of Documents - Prisoner - The Sub-Registrar can attend at the prison to register a document executed by a prisoner, as the Act does not require personal appearance at the Sub-Registrar's office. The court directed the Superintendent of Central Prison to permit the Sub-Registrar to visit the prison for obtaining signatures and completing registration. (Paras 2-4)
Issue of Consideration
Whether an under-trial prisoner can be permitted to execute and register a sale deed while in judicial custody, and whether the Sub-Registrar can visit the prison to complete the registration formalities under the Registration Act, 1908.
Final Decision
The writ petition is allowed. Respondent No.1 is directed to permit Respondent No.2 or any officer authorized by him to visit the Central Prison, Dharwad, on a date and time fixed by the Superintendent, to complete the process of registration of the sale deed in respect of the petitioner's property (Sy. No. 29 Block Hissa No. 5, Kamalapur Village, measuring 22 guntas) by obtaining the petitioner's signatures and complying with the statutory formalities under the Registration Act, 1908. The prison authorities shall provide necessary security and ensure compliance with prison rules.
Law Points
- Right to property
- Registration Act
- 1908
- Section 31
- Section 32
- Section 33
- Section 34
- Section 35
- Section 58
- Section 60
- Article 226
- Article 227
- Constitution of India
- Mandamus
- Incarceration
- Under-trial prisoner
- Registration of documents
- Prisoner's rights
