Telangana High Court

WP/34981/2023 of Chiti Mohan Rao Vs The State of Telangana on 29 December 2023

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO: 34981 OF 2023 Between: Chiti Mohan Rao, S/o. Ramchandar Rao, Aged about

HIGH COURT FOR THE STATE OF [TELANGANA]AT HYDERABAD(Special Original Jurisdiction)

FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE

PRESENT

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

WRIT PETITION NO: 34981 OF 2023

Between:

Chiti Mohan Rao, S/o. Ramchandar Rao, [Aged about ][75 ][years, ][Occupation ][;]Business, Rl/o.H.No.9-1-2861.12, Jaya Residency [Bhagath Nagar, ][Karimnagar Town]and District.

.....PETITIONER

AND

1. The State of Telangana, Department of Revenue [(Stamps and Regiskation)']Secretariat Buildings Hyderabad, [Rep.by ][its ][Principal ][Secretary.]Secretariat Buildings Hyderabad, [Rep.by ][its ][Principal ][Secretary.]

2. The District Registrar of Assurance, [Stamps and Regiskation ][Department ][at]Karimnagar Town and District.Karimnagar Town and District.

3. The Sub-Registrar, Gangadhara [Karimnagar ][District.]

4. The Tahsildar/Mandal Revenue officer, [Kothapally Revenue ][Mandal,]Karimnagar District.Karimnagar District.

.....RESPONDENTS

Petition Under Article 226 ol [the ][Constitution ][of ][lndia ][praying ][that ][in ][the]circumstances stated in [the ][affidavit ][filed ][therewith, ][the ][High Court may ][be]pleased to issue a Writ, Order or Direction more [particularly ][one ][h ][the ][nature ][of]Writ of Mandamus declaring the [action ][of ][3'd ][respondent/Sub-Registrar ][in]refusing to receive and register [documents ][presented ][In ][respect ][of ][property ][in]sy.No.99/A and 103 to an [extent ][of ][',l ][75.00 ][sq.Yards ][situated ][at ][Rekurthi ][village,]Karimnagar Mandal and District basing [upon a communication dated 28.07.2018]of the 2nd respondent as [wholly illegal, uniust, ][untenabJe, ][unconstitutional and/or]jurisdiction violative of Article 300-A of constitution of [lndia, ][human ][rights, ][as well]the [provisions ]of Registration [Act, ][1908 without ][any ][Notification ][and]

consequently darect the 3rd respondenl to receive and register the sale deedspresented in respect of the aforementioned property.

I.A.NO:1 OF 2023

Petition Under Section 151 CPC praylng that in the circumstances statedin the affidavit filed in support of the petition, the High Court may be pleased todirect the 3'd respondentiSub-Registrar to receive and process the documentspresented for registration of sale deeds in respect of residential property inSy.No.99/A and 103 to an extent of 175.00 Sq.Yards situated at Rekurthi village,Karimnagar Mandal and District pending disposal of the above writ petition.

Counsel for the Petitioner : SRI PUTLURI GIRIDHAR

Counsel for the Respondents : AGP FOR REVENUE

The Court made the following ORDER

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KIIMARWRIT PETITION No.34981 of 20.23

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ORDER:

Heardlearned counsel for the petitioner and learnedAssistant Government Pleader for Stamps and Registrationappearing for the respondents. With their consent, this writ petitionis disposed of at the stage of admission.

.)This Writ Petition is frled seeking the following relief:This Writ Petition is frled seeking the following relief:

" declare the action of 3'd respondent/ Sub-Registrar inrefusing to receive and register documents presented inrespect of property in Sy No.99/A and 103 to an extent of175.OO Sq Yards situated at Rekurt-hi village, KarimnagarMandal and District basing upon a communication dated28.07.2OLa of the 2"a respondent as wholly illegal unjustuntenable unconstitutional and/or jurisdiction violativeof Article 3OO-A of constitution of India humaa rights asMandal and District basing upon a communication dated28.07.2OLa of the 2"a respondent as wholly illegal unjustuntenable unconstitutional and/or jurisdiction violativeof Article 3OO-A of constitution of India humaa rights aswell the provisions of Registration Act, 1908 without anyNotification and consequenfly direct the 3ta respondent toreceive and register the sale deeds presented in respect ofthe aforementioned property."Notification and consequenfly direct the 3ta respondent toreceive and register the sale deeds presented in respect ofthe aforementioned property."

3. Learned Assistant Government Government Pleader for Stamps andfor Stamps andStamps andandRegistration has stated that the respondents will follow theprocedure contemplated under Section 7l of the Registration Act,l9O8 (for short, the Act, 19O8').

Learned Assistant Government Government Pleader for Stamps andfor Stamps andStamps andand /

a

Section 7l ofthe Registration Act, lg0g reads as follows " Reasons for refu sa-l to register to be recorded._

(f) Every Sub-Registrar refusing to register a document,relates except on is not the situated ground that the within his i"L:ar"L"l," property to _t i"t, .litmake an order of refusal and *"..a-rri" ,I""J.r" "t fo.such order in his Book No. 2, and ,"a.."" GJ*.a""resistrarion refused. on the d."";;;1; iO, onrelates except on is not the situated ground that the within his i"L:ar"L"l," property to _t i"t, .litmake an order of refusal and *"..a-rri" ,I""J.r" "t fo.such order in his Book No. 2, and ,"a.."" GJ*.a""resistrarion refused. on the d."";;;1; iO, onapplication made bv any person executing or claimingunder the documlnt, [""ilJi ][--;;;;1*o""r_""# ].rounder the documlnt, [""ilJi ][--;;;;1*o""r_""# ].rounnecessary delay, give him a copy of G"-r"a"or. recorded."orecorded."o(2) No registering officer shall accept for registrationadocumentso endorsed unless and until, undertheprovisionshereinafter contained, the documentis"documentso endorsed unless and until, undertheprovisionshereinafter contained, the documentis"directed tobe registered.

4. Learned counsel for the petitioner has fairly acceded t}tesame.same.

5. Recording the above submission made by Iearned counsel oneither side and w'ithout expressing any opinion on the merits of thecase, this Writ petition is disposed of directing the RegisteringAuthority to receive, register and release the subject document(sf ,presented by the petitioner, as expeditiously as possible, preferablywithin a period of three (03) weeks from the date of receipt of a copyof this order, subject to the petitioner complying with the provisionsof the Registration Act, 1908, and Indian Stamp Act, 1899. It isalso open to the Registering Authority to refuse to register the I

i

i

I

documents [by ][specifrcally assigning ][the ][reasons ][in ][terms ][of ]71 of the [Act, ][1908 ][and ][communicate ][the ][said ][decision ][to ][the]petiboner.

6Accordingly, [this Writ ][Petition ][is ][disposed ][of']

Miscellaneousapplications,ifanypending,shallstand

closed. [No ][order ][as ][to costs']

SD/. A.V.S.PBASADASSISTANT [REGIFTRAR]//TRUE COPY'I gSECTION [OFFICER]

To' [- ]1 . rh" [P ][ri ][nc ][i ][pa I ][qqereta ]" "t:"-:::T gi*: 3? +T,:l!:::",1:ry.""Sf2f : l;' [- ]1 . rh" [P ][ri ][nc ][i ][pa I ][qqereta ]" "t:"-:::T gi*: 3? +T,:l!:::",1:ry.""Sf2f : l;,. -' ? f; :'813[1fl\ [?1'j,'$?i' ][;m;;",i"i, ][3 ][ti, ][p' ][a ][i' ][a ][illiiiiatio ][n ][Depa ][rtm ][ent ][at]Town and District'Town and District'Kiiimnagar [[District']][[District']]

Kiiimnagar s. rt"'5ru:n"gisttat, [cing'dhara ][Karimnag.ar ][[District']]4. rhe [rahsi ][ldaiur' ][no ][jiiiBilil;;'ii; ][;: ][i6thapallv ][Reven ][ue Mandal']4. rhe [rahsi ][ldaiur' ][no ][jiiiBilil;;'ii; ][;: ][i6thapallv ][Reven ][ue Mandal']

r. filt8sil [BFtEts- ][REVENUE' Hish ][court ][ror ][the ][state ][or ][relansana ][at]Hvderabad. [OUT][OUT]Hvderabad. [OUT][OUT]

Hvderabad. [OUT][OUT]6. ijl';"cc i; [drl= ][Futiuri ][Gi rid ][har' ][Ad ][vocate ][[oPUCl]

7. Two [CD ][Copies]

SAGJ

HIGH COURT

DATED:2911212023

ORDERWP.No.34981 of 2023

DISPOSING OF THE W.PWITHOUT COSTS

o

1HE [STAI]€'([ [4 ][JAN ][2024]t DEi P.^-r c\\<.(,

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