Telangana High Court

WP/46642/2022 of VARUKOLU NAGA LAXMI Vs THE STATE OF TELANGANA on 30 December 2022

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I THE HONOURABLE SRI JUSTICI.] MUMMIN[:NT SUDHEER KUMAIT WRIT PETITION NO:46642 ()F 2022 Betrveen: l. Varukolu Naga Laxn.ri, Wo Rajesham, Hindu, Occ. I{ouse Hold, R-io Kokkerakunta Village. Rarnadugu Mandal, Karimnagar District. 2. ELIGETI RAJESHAM, S/o Sailu, Hindu, Occ. Business, Resident of

HIGII COUITT FOR THE STATE OF TELANGANA

AT HYDERABAD

(Special Original Jurisdiction)

FRIDAY .THE TTIII{TIETH DAY OF DECEMBERTWO'f HOUSAN D AND TWEN'I'Y'I'WOPRESENT

THE HONOURABLE SRI JUSTICI.] MUMMIN[:NT SUDHEER KUMAITWRIT PETITION NO:46642[()]F 2022

Betrveen:

l. Varukolu Naga Laxn.ri, Wo Rajesham, Hindu, Occ. I{ouse Hold, R-io KokkerakuntaVillage. Rarnadugu Mandal, Karimnagar District.Village. Rarnadugu Mandal, Karimnagar District.

2. ELIGETI RAJESHAM, S/o Sailu, Hindu, Occ. Business, Resident of H.No.2-297.Poosala Road, Sultanabad Village and (M), Karimnagar. District.Poosala Road, Sultanabad Village and (M), Karimnagar. District.

3. SRI VUSHAKOYALA SATIIEESH, S/o Bhadraiah, Hindu, Occ. Cooli, Rcsident ofRangampalli Village. Peddapalli Mandalam, Karimnagar District.Rangampalli Village. Peddapalli Mandalam, Karimnagar District.

.1. KOMMIRA RAJA REDDY, Sio Venkata Narasimha Reddy, t{indu aged about 74years, Occ. Pensioner, R/o H.No.9-4-528, Sapthagiri Colony, Karimnagai.years, Occ. Pensioner, R/o H.No.9-4-528, Sapthagiri Colony, Karimnagai.

5. SM'f. ET,UKAPELLY LAXiVII, Wo Kanakaiah,. .Hindu, Occ. Flouse Hold, RioRekurthy Village and Mandal, Karimnagar DistrictRekurthy Village and Mandal, Karimnagar District

...PET[tIONER(S)

ANI)

l. The State_ Of_ ['lelangana, ]Represented by its Principal Secretary. Departnrent olRevenue (Registration and Stautps), Secretariat. Burugula Ramakishna Blavan, NearRevenue (Registration and Stautps), Secretariat. Burugula Ramakishna Blavan, Near

2. The Commissioner and Inspector General - of Registration and Stamps, Mojharn Jahi,(M.J.)Market.road, Near Karachi Bakery, Nanrpally, Flyderabad. 5000I 7. [-](M.J.)Market.road, Near Karachi Bakery, Nanrpally, Flyderabad. 5000I 7. [-]

3. The District P.egistrar of Stamps and Assurances,, Krrimlagar.

4. The Sub-Registrar Gangadhara., Karimnagar Distriot.

5. The District Collector., Karimnagar.

6. The Revenue Divisional Offrcer, Karimnagar.

7. The Tahasildar Kothapalli.. Karimnagar Districl.

...RESPONDENTS

/

Petition under Article 226 of the Constitution ol India praying that in thecircumstances stated in the alfidavit filed therewith, the High court may be pleased toissue writ order or direction more particularly one in rhe nature of writ ol Mandamusdeclaring proceedings of the 7th respondent No. B/1582/2018 dated 26-07-201g and.declaring proceedings of the 7th respondent No. B/1582/2018 dated 26-07-201g and.consequential action ofthe respondent No.4 in not receiving sale deed documents of thewrit petitioners herein for registration. pertrining to theil residential House/Plots, underwrit petitioners herein for registration. pertrining to theil residential House/Plots, underthe guise of said proceedirlgs of the rcspondent No.7, Ls illegal, arbitrary and contrarv to contrary to section t7 , 22 A [and ]section [7 ][t ][read ][rvith ][Rule ][5 ][8 ][of ][lndian ][Registration Act]& Rules and consequently [direct the ][respondents ][hcrein, ][to ][receive ][and ][admit ][the ][salc]deetl document of the [first ][writ ][petitioner ][pertaining ][to ][her ][residcntial ][house bearing]H.No.No.l -37i4iAl1 [with ][a ][plinth ][area ][of ][707 ][Sq.Feet, ][built ][over residential ][Plot ][bearing]No. Nil [(abutting ]H.No.l-38) [admcasuring ][151.25 square yards, ][situated ][in ][S-No.45' ][and]sale deed documents of [thc ][writ ][petitioners ][2 to 5 ][herein, ][pertaining ][to ][their. ][open]residential Plots [bearing ][No. ][94. ][l6-southem Part. ][7. ][18 and ][19-Westem ][Part.]admeasuring 217.5, [121.34,252.08 ][and ][(317 ][+ 54:371 ][square ][yards) ][respectively,]situated in Survey [Numbcrsl40, ][213,213, ][and ][142 ][respectively. ][all of ][Rekurthy ][village]and Gram Panchayat, Karimnagar [Mandal ][and ][District ][and ][Zilla ][Parishad Karimnagar,]now within Municipal [Corporation ][of ][Karimnagar. ][by ][setting ][aside ][the ][proceedings ][of]the 7th respondent No. B/1582/2018 [dated ][26'07-2018. ][in ][the ][interest ][ofjustice]

IA NO: I OF 2022

IA NO: I OF 2022

Petition under Section l5i cPC [praying that ][in ][the ][circumstances stated ][in ][the]affidavit filed in support of the [petition, the High Court ][may be ][pleased ][to ][direct ][the]respondents herein to receive [and admit ][the ][sale ][deed document ][of ][the ][first ][writ]petitioner pertaining to hcr residential [house ]bearing [H.No.No.1-37/4/All ][\ ][/ith ][a ][plinth]area of 707 Sq.Feet, built over [residential ][Plot ][bearing ][No. ][Nil ][(abutting ][H'No'1-38)]admeasuring 151.25 square [yards, ][situated ][in ][S.No.45 ][and sale deed documents ][of ][the]writ petitioners 2 to 5 herein, [pertaining ][to their ][open ][residential Plots ][bearing ][No. ][94;]l6-southem Part; 7 ,18 and l9-Westem [Part; ][admeasuring ][217.5, ][121.14,252.O8 ][and](317+54=) 371 square yards respectively situated [in ][Survey Numbers140, ][213,213, ][and]142 respectively; all of Rekurthy [Vitlage ][and Gram ][Panchayat, ][Karimnagar ][Mandal ][and]Districi and Zilla [parishad Karimnagar, ][now ][within ][Municipal ][Corporation ][of]Karimnagar; as per section 7l of [Indian ][Registration ][Act ][read ][with ][Rule 58 ][of ][T.S.]Registration Rules; by suspending the [proceedings ][of the 7lh ][respondent]No.B/l 582/20 [1 ]8 dated [26-O'7'2018.]

Counsel for the Petitioner(s):SRI. [SURENDRA DESAI]

Counsel for the Respondents: [GP ][FOR ][STAMPS ][AND ][REGISTRATION]

The Court made the following: ORDER

-

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMARWRI? PETITION No.46642 of 2o22

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ORDER:

Heard learned counsel appearing for the petitioners andlearned Assistant Government Pleader for Stamps andRegistration appearing for the respondents.

2. This Writ Petition is filed seeking to declare the action ofrespondent No.7 in issuing the proceedings No.B/ 158212018,dated 26.07.2018 and consequential action of respondent No.4in not receiving t1.e sale deed for registration [pertaining]residential house bearing H.No.l-37 /4lA/ 1 with a plinth area of7O7 square feet, built over residential plot bearing No.Nil(abutting H.No.1-38) admeasuring 151.25 square yards,situated in S.No.45 of petitioner No. 1; open residential [plot]bearing Nos.94, l6-southern part; 7; .18 [& ][19 ][-Western ][part;]admeasuring 217.5, 121.34, 252.OA and (317+54) 371 squareyards in survey Nos. 14O, 213, 213 and 142 respectively, ofpetitioner Nos.2 to 5 herein of Rekurthy Village and GramPanchayat, Karimnagar Mandal and District and Zilla Parishad,Karimnagar, now u'ithin Municipal Corporation of Karimnagar,as arbitrary and illegal and consequently, set aside the aforesaidproceedings issued by respondent No.7, dated 26.07.2018.

3. The rearned counser for trre petitioners has submitted thaton earlier occasion, this Court in its order d ated 22.03.2022 inW.P.No.44223 of 20lg and batch has considered the issue ofnon-registration of theProPerties in Rekurthy Village,Karimnagar District.

4. The above made submission rs not disputed by thelearned Government pleader lor Starnps ancl Registration.

5. Having regard to the above, it isrelevant to to refer totoSection Tl of the Registration Act, 190g (for short ,the Act,l9o8J and Rule 5g of the Telangana Rules made under the Act,19O8, which read as follows:

relevant to to refer toto

Section 71:

Reasons for refusal to register to be recorded._

(l) Every Sub-Registrar refusing to regisler a document,except on the ground that the prop.erty to which itrelates is not situated within his sub-district shallmate an order of refusal and recorded his reasons forsuch order in his Book No.2, and endorse the words"registration refused" on the document; and, onapplication made by any person executing or claimingunder the document, shall, without payment and,Every Sub-Registrar refusing to regisler a document,except on the ground that the prop.erty to which itrelates is not situated within his sub-district shallmate an order of refusal and recorded his reasons forsuch order in his Book No.2, and endorse the words"registration refused" on the document; and, onapplication made by any person executing or claimingunder the document, shall, without payment and,unnecessary delay, give him a copy of the reasons sorecordedrecorded

(2) No registering officer shall accept for registration adocument so endorsed unless ald until, under thedocument so endorsed unless ald until, under the -f provisions hereinafter contained, the document isdirected to be registered.

Rule 58

"58. tt iorms no part of a Registering Officer's duty toenquire into the validity of a document brought to himfor registration or 1() attend to any written or verbalprotest against the registration of a document based onthe ground that the executing party had no right toexecute the document; but he is bound to considerobjections raised on any of the grounds stated below:

a) that the parties appearing or about toappear before him are not the personsthey profess to be;appear before him are not the personsthey profess to be;

b) that the document is forged;

cl that the person appearing as arepresentative, assign or agent, has noright to appear in that capacity;representative, assign or agent, has noright to appear in that capacity;

d) that the executing party is not reallydead as alleged by the party applying forregistration; ordead as alleged by the party applying forregistration; or

e) that the executing party is a minor or anidiot or a lunatic."idiot or a lunatic."

6. In view of the above submissions made by both the partiescoupled with the provisions of Section 71 of the Act, 1908 andRule 58 of the Telangana Rules made under the Act, 1908, theWrit Petition is disposed of directing the Registering Authority toregister and release the subject documents submitted by thepetitioners subject to the petitioners complying with theprovisions of the Act, 19O8, and the Indian Stamp Act, 1899.It will be open to the Registering Authority to refuse to receive the documents presented before him, if he has any otherobjection, by dury assigning reasons in support of such decisionobjection, by dury assigning reasons in support of such decisionand communicate the said decision to the petitioners.Miscellaneous petitions, ifMiscellaneous petitions, ifauy, pcnding in thrs writpetition shall stancl closed.petition shall stancl closed.

SD/- MOHD. SANAULLAH AIISARIASSISTAIIT REGISTBAR//TRUE COPYil /ASSISTAIIT REGISTBAR//TRUE COPYil /

//

,l' /\-{_SECTION OFFICER

HIGH COURT

'tMSKJDATED:30 /12/2022. ;-,ilt1r\iLo3ii zl [JAN?08]ORDERWP.No.46642 of 2022

WP IS DISPOSED OFWITHOUT COSTS

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