Affidavit of the Petitioner herein

IN THE HIGH COURT OF THE JUDICATURE OF …………… AT ………….
W.P. No. ……….. of 20…….

Between :

A.B.							               … Petitioner
	   
And

C.D.							            … Respondent

I, …………………………, S/o. …………………, an adult Indian inhabitant, Occupation: ………………… and residing at ……..………….……………. District ..……., and now having temporarily come down to ………………, do hereby solemnly and sincerely affirm and state on oath as follows :
 
1. That I am the petitioner herein and as such am well acquainted with the facts of the case.
 
2. I submit that I am an Ex-serviceman, having served the Army vide J.C.No. .......….  I also submit that inasmuch as I am an Ex-serviceman and landless poor person and inasmuch as I am entitled for assignment of land under the Ex-servicemen category and on my application as an Ex-serviceman after due enquiry on ……………… patta was granted in my favour for an extent of Ac. ……….. cents in S.No. ………….. of ……………… village Accounts.  I also submit that I have reclaimed the property and I had also obtained a loan for digging a well, dug a well and from the said time onwards, I have been cultivating the same by raising different crops thereon.  Thus I have been in actual possession and enjoyment of the above said property from the time of grant of patta in my favour and I have been paying the cist to the Government relating to the said property.
 
3. I also further submit that due to my old age I am undergoing medical treatment and doctors have advised me to have operation to my leg.

4. I also submit that for my medical expenses I have taken loans and I have discharged my debts.  I also submit that inasmuch as the allotment made under Ex-servicemen category by virtue of G.O.Ms. No. …………., Revenue (Assignment-I) Department, dated ……………., I have a right to alienate the said property after a period of …….. years.  I also further submit that inasmuch as I intended to alienate the aforesaid properties in favour of the third parties, I approached the respondent on .......…… and requested him to register the document relating to S.No. …………. of an extent of Ac. ……… cents but however, the respondent had refused to register the document and was not inclined to give any written endorsement in this regard.  I also submit that in W.P. No. ………. of ………….. this Hon'ble Court had already decided that in such cases after a period of ……… years, the registering authorities are bound to register the same by its orders dated ……………  I also submit that I had produced a copy of the said order and also the G.O.Ms. No. ……….. Revenue (Assignment-I) Department, dated …………… before the respondent but inspite of that the respondent was not inclined to register the document without assigning any reasons.  The said action of the respondent is totally illegal, arbitrary, unjust and unconstitutional, being violative of Articles 14, 21 and 300-A of the Constitution of India and also contrary to the orders of the State Government in G.O.Ms. No. ………….., Revenue (Assignment-I) Department, dated ………... and also contrary to the Judgment of this Hon'ble Court in W.P. No. ………… of ………… dated …………..
 
5. In the said circumstances, I have no other effective alternative remedy except to invoke the extraordinary jurisdiction of this Hon'ble Court under Article 226 of the Constitution of India.
 
6. Earlier I have not filed any Writ Petition, Suit or Appeal either before this Hon'ble Court or before any other Court of Law or Authority for the reliefs prayed in the present writ petition.

Under these circumstances, it is just and necessary in the interests of Justice, that this Hon'ble Court may be pleased :

(i) To issue an order or direction, more in the nature of Writ of Mandamus, declaring the action of the respondent in refusing to register the document submitted by the petitioner for registration of Sale Deed over an extent of Ac. ……… cents in Survey No. ……….. of …………. village Accounts without assigning any reasons, as illegal, arbitrary, unjust and unconstitutional, being violative of Articles 14, 21 and 300-A of the Constitution of India and also contrary to the orders of the State Government in G.O.Ms. No. …........, Revenue (Assignment-I) Department, dated ………….. and also contrary to the orders of this Hon'ble Court in W.P. No. ………… of …………. dated …………. and consequently direct the respondent to receive and register the sale deeds submitted by the petitioner for the aforesaid lands ;
 
(ii) To direct the respondent to receive and register the sale deeds submitted by the petitioner over an extent of Ac. ………. cents in Survey No. ………. of ……....... village Accounts, pending the disposal of the above Writ Petition;
 
and pass such other and further order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case, or otherwise, I will be put to irreparable loss, great hardship, heavy injury and unsustainable damage.
	
Solemnly affirmed at ……………. on this					
the …………. day of ………… and signed					
his name in my presence.                                                                    

Deponent
Before me
Advocate ……………..