Telangana High Court
WP/34962/2023 of Edugola Ramulu Goud Vs The State of Telangana on 29 December 2023
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 Between: Edugola Ramulu Goud, S/o Late Hanumaiah Goud, aged 57 years, Rt/o H.No.8-4- 544174174, Sanjay
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HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE
PRESENTTHE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMARWRIT PETITION NO: 34962 OF 2023
Between:
Edugola Ramulu Goud, S/o Late Hanumaiah Goud, aged 57 years, Rt/o H.No.8-4-544174174, Sanjay Nagar, Near Don Basco School, Erragadda, Hyderabad.
...,.PETITIONER
AND
'1 . The State of Telangana, rep. By its Secretary, Stamps and RegistrationDepartment, Secretariat, Hyderabad.. The State of Telangana, rep. By its Secretary, Stamps and RegistrationDepartment, Secretariat, Hyderabad.2. The District Registrar, Ranga Reddy District.3. The Joint Sub-Registrar, Ranga Reddy District.4. The District Collector, Ranga Reddy District.3. The Joint Sub-Registrar, Ranga Reddy District.4. The District Collector, Ranga Reddy District.
.....RESPONDENTS
Petition Under Article 226 of the Constitution of lndia praying that in thecrrcumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a Writ, Order or Direction more particularly one in the nature ofWrit of Arlandamus declaring the action of the respondents in not registering theSale Deed submitted by the petitioner for registration with regard to the HouseNo.1-591120142/3 (PTl No.1 129907264) admeasuring 73.5 sq. yards with built uparea of 200 sft. [(ACC), ]Plot No.9 (Part) in Sy.No.2 10, situated at Rest of the areanot covered by colony in the Block-2 of lvladeenaguda village, underChandanagar GHtvlC Circle, Serilingampally [t/andal, R.R.District, as highlyillegal, arbitrary and consequently direct the 3rd respondent to [receive, ][register]and release the Sale Deed submitted by the [petitioner ]for registration [with ][regard]to the House No.1-59112O142/3 [(PTl ]No.1129907264) admeasuring [73.5 ][sq.]yards with built up area of 200 sft. (ACC), Plot No.9 [(Part) ]in Sy.No.210, situated at Rest of the area not covered by colony in the Block-2 of Madeenaguda village,under Chandanagar GHMC Circle, Serilingampally Mandal, R.R.District, withoutreference to the notification of the District Collector dated 26-09-2013.I.A.NO:1 OF 2023
Petition Under Section 151 CPC praying that in the circumstances stateldin the affidavit filed in support of the petition, the High Court may be pleased todirect the 3'd respondent to receive, register and release the Sale Deedsubmitted by the [petitioner ]for registration with regard to the House No.1-59112014213 [(PTl ]No.1129907264) admeasuring 73.5 sq. yards with built up areaof 200 sft. (ACC), Plot No.9 (Part) in Sy.No.210, situated at Rest of the area notcovered by colony in the Block-2 of Madeenaguda village, under ChandanagarGHMC Circle, Serilingampally Mandal, R.R.District, without reference to thenotification of the District Collector dt.26-09-2013 pending disposal of the writpetition.
Counsel for the Petitioner : SRI N.M.KRISHNAIAHCounsel forthe Respondents: AGP FOR REVENUEThe Court made the following ORDER
THE HONOURABLE [SRI ]IUSTICE [N.V.SHRAVAN ][KUMAR]WRIT PETITION No.34962 of 2023
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ORDER:
Heard learned [counsel ]for the [petitioner ][and ][learned ][Assistant]Government [Pteader ][for ][Stamps ][and ][Registration appearing ][for ][the]respondents. [With ][their ][consent, ][this ][writ ][petition ][is ][disposed ][of ][at ][the]stage of [admission.]
Z. This writ [petition ][is ][fited ][seeking ][the following ][prayer:]
'to declare [the ][action ][of ][tLLe ][respondents ][in ][not ][registeing ][the]Sale Deed submitted bg [th.e ][petitioner ]for [regi.stration ]uithreqard to the [House ][No.1-59/ ][12O/ ][42/ ]3 [(PTI ][No.11299O7264)]admeasuing [73.5 sq ][gords utith built up ][area ][of ][2OO sft ][ACC,]Ptot No.9 (Part) in Sg No.21O situated at Rest of the area notcouered by colong in the Block-2 of Madeenaguda uillage underChandanagar GHMC Circle, Serilingampallg Mandal, RRDistnct a-s highlg illegal arbitrary and con seEt-entlg direct the3,a respondent to receiue register and release the Sale Deedsubmitted bg the petitioner for registration uith regard to theaforesaid subject propertA withaut refererrce to the notiftcationof the District Collector dt 26.09.2013"
3. The learned counsel for the petitioner has submitted that on eartieroccasion, this Court in W.P.No.3309O ol 2023, dated 06.12.2023, andW.P.No.32901 of 2O73, dated 05.12.2023, has passed orders directing theregistration of [the ]documents presented /pending before the authoritieswithout reference [to ]District Gazette notification dated 26.09.2013 and also stated that the subject survey number [in ]the [present ][writ ][petition ][is ][shown]in District Gazette notification dated [26.09.2013 ][and ][pray ][this Court ][to ][pass]similar order.
4. Learned Assistant Government Pteader has not disputed the same andfurther rtated that the respondents wi[[ fotlow the [procedure ]contemptatedunder Section 71 of the Registration Act, 1908 [(for ]short, 'the Act, 1908').
Section 71 of the Act reads as foltows:
Reasons for refusa[ to register to be recorded.-
(1) Every sub-Registrar refusing to register a document,except on the ground that the property to which itrelates is not situated within his sub-district, shatt makean order of refusal and record his reasons for such orderin his Book No. 2, and endorse the words "registrationrefused" on the document; and, on apptication made byany person executing or ctaiming under the document,shatt, without payment and unnecessary detay, [give ]hima copy of the reasons so recorded.except on the ground that the property to which itrelates is not situated within his sub-district, shatt makean order of refusal and record his reasons for such orderin his Book No. 2, and endorse the words "registrationrefused" on the document; and, on apptication made byany person executing or ctaiming under the document,shatt, without payment and unnecessary detay, [give ]hima copy of the reasons so recorded.
(2) No registering officer shalt accept for registration adocument so endorsed untess and until, under theprovisions hereinafter contained, the document isdirected to be registered. "document so endorsed untess and until, under theprovisions hereinafter contained, the document isdirected to be registered. "
5. Recording the above submission made by learned counsel on either side and without expressing any opinion on the merits of the case, this writpetition is disposed of directing the Registering Authority to receive,register and retease the subject document(s), without reference to theDistrict Gazette Notification, dated 26.09.2011, subject to the petitionercomptying with the provisions of the lndian Registration Act, 1908, andlndian Stamps Act, 1899, as expeditiousty as possibte, preferably within aperiod of three (01) weeks from the date of receipt of copy of this order, l
subject to the petitioner complying with the [provisions ]of the IndianRegistration Act, 1908, and lndian Stamps Act, 1899. lt is also open to theRegistering Authority to refuse to register the documents by specificatty.assign the reasons in terms of Section 71 of the Act, 1908 and communicatethe said decision to the petitioner. lt is also made clear that this order doesnot preclude the Government/ District Cotlector to take appropriate steps aswarranted by law and to assert its titte. lf any proceedings/suit/appeal arepending between the executants of the document/government or any otherinterested party, the registration of the document witl be subject to theresutt of that proceedings/suit/ appeat.
6. Accordingty, this writ petition is disposed of. Miscellaneousapptications, if any pending, shall stand ctosed. No order as to costs.SD/.C.PRAVEEN KUMARASSISTANT REGISTRAR//TRUE COPY//SECTION dFFICER
To1. The Secretary, Stamps and Registration [Department, Secretariat, ][State ][of]Telangana at Hyderabad.
2. The District Registrar, Ranga Reddy [District.]
3. The Joint Sub-Registrar, [Ranga Reddy District.]
4. The District Collector, Ranga Reddy District.
5. Two CCs to GP FOR REVENUE, [High Court for ][the ][State of ][Telangana at]Hyderabad. [OUT]6. One CC to Sri N.M.Krishnaiah. [Advocate ][OPUC]7. Two CD Copies SASB
HIGH COURT
DATED:2911212023
ORDERWP.No.34962 of 2023
DTSPOSING O['THE W.P
WITHOUT COSTS.
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