Telangana High Court
WP/34955/2023 of Vadde Gopal Reddy Vs The State of Telangana on 29 December 2023
S/o Kashi Reddy Aged about 64 years, occ. Agriculture, F/o No.8-23 Gundladally Village, Ganneruvaram Mandal, Karimnagar Dlstnct. ...PETITIONER [ 3255 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO
[ [3255 ]]
IN THE 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 PE[TITION NO:][ 349ss ][OF ][2023]
Between:
Vadde Gooal Reddv. S/o Kashi [Reddy ][Aged ][about ][64 ][years, ][occ. ][Agriculture,]F/o No.8-23 Gundladally [Village, Ganneruvaram Mandal, Karimnagar ][Dlstnct.]
...PETITIONER
AND
1The State of Telangana, [Rep ][by its ][Principal S.eqelary ][to ][Government']Revenue Department [(stamps ][and ][Registration) Telangana ][secretarlat,]Hyderabad.Revenue Department [(stamps ][and ][Registration) Telangana ][secretarlat,]Hyderabad.
2The District Registrar [of ][Assurance Stamps ][and ][Registration ][Department,,]Karimnagar district.Karimnagar district.
The Sub-Registrar, Gangadhara, [Karimnagar district']
J
, ..RESPONDENTS
Petition under Article [226 ][ol ][lhe constitution ][of ][lndia ][praying ][that ][in ][the]circumstances [stated ][in ][the ][affidavit ][filed ][therewith, ][the ][High ][court ][may ][be]pleased to issue a writ or [order ][or ][direction ][one ][in the ][nature ][of ][a ][writ ][of]Mandamus and declare [the action ][of ][the ][3rd respondent in refusing ][to ][receive the]document of the [petitioner ][i.e., ][Deed ][of ][Development Agreement-cum-General]PowerofAttomeforthedevelopmentoftheopenlandmeasuring2T23sq.yardsinSy.N.l30situatedatRekurthylocalityofKarimnagarCityandnotregisteringthesameasillegal,arbitraryandviolativeofArticle14,lg,2land300(A)theconstitution of [lndia, and ][consequently ][direct ][the ][3rd ][respondent ][to ][receive ][and]register the document [i.e., ][Deed ][of ][Development Agreement-cum-General ][Power]of Attorney for [the ][development ][of ][the open ][land ][measuring ][2723 sq' ][yards ][in]Sy.N.130 situated [at ][Rekurthy locality of Karimnagar ][City']
lA NO: 1 OF 2023
Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in suppo( of the petition, the High Court may be pleased todirect the 3rd respondent to receive the document offered by the petitioner forregistration i.e., Deed of Development Agreementcum-General Power of Attorneyfor the development of the open land measuring 2723 sq. yards in Sy.N.130situated at Rekurthy locality of Karimnagar City, during the pendency of the writpetition and register the same if the document is in order as per the rules of theRegistration Act, 1908.
Counsel for the Petitioner : SRI M.RAM MOHAN REDDY
Counsel for the Respondents: ASST. GP FOR STAMPS AND REGISTRATIONThe Court made the following: ORDER
,'/"
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KI'MARWRIT PETITION No.34955 of 2o23
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ORDER:
Heard learned counsel for the petitioner and learnedAssistant Government Pleader for Stamps and Registrationappearing for the respondents. With their consent, this writ [petition]is disposed of at the stage of admission.
cThis Writ Petition is hled seeking the following relief"to declare the action of the 3d respondent in refusing to [receiue]the doanment of the petitioner Le., Deed of DeuelopmentAgreement-cum-General Pouer of Attomeg for the deuelopmentof the open land meosuing 2723 sq gords in Sg No.130situated at Relatrthg localitg of Karimnogar Citg and notregi.steing tlle same as illegal arbitrary and uiolatiue of Arlicle14, 19, 21 and 3OO-A the Constitution of India andconseEtently direct the 3d respondent to receiue and registerthe doatment i.e., Deed of Deuelopment Agreement-cum-GeneralPouer of Attorneg for the deuelopment of the open landmeasuing 2723 sq gords in Sy No.13O sifitated at Rehtrthglocalitg of Kaimnagar Citg.""to declare the action of the 3d respondent in refusing to [receiue]the doanment of the petitioner Le., Deed of DeuelopmentAgreement-cum-General Pouer of Attomeg for the deuelopmentof the open land meosuing 2723 sq gords in Sg No.130situated at Relatrthg localitg of Karimnogar Citg and notregi.steing tlle same as illegal arbitrary and uiolatiue of Arlicle14, 19, 21 and 3OO-A the Constitution of India andconseEtently direct the 3d respondent to receiue and registerthe doatment i.e., Deed of Deuelopment Agreement-cum-GeneralPouer of Attorneg for the deuelopment of the open landmeasuing 2723 sq gords in Sy No.13O sifitated at Rehtrthglocalitg of Kaimnagar Citg."
3. Learned Assistant Government Pleader for Stamps andRegistration has stated that the respondents will follow theprocedure contemplated under Section 71 of the Registration Act,19O8 (for short, 'the Act, 19O8').
Section 7l of the Registration Act, 19O8 reads as follows:
" Reasons for refusal 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, shallmake an order of refusal and record 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 clairningunder the document, shall, without pa5rment andunnecessary delay, give him a copy of the reasons sorecorded.except on the ground that the property to which itrelates is not situated within his sub-district, shallmake an order of refusal and record 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 clairningunder the document, shall, without pa5rment andunnecessary delay, give him a copy of the reasons sorecorded.
(2) No registering oIf.cer shall accept for registration adocument so endorsed unless ald until, under theprovisions hereinafter contained, the document isdirected to be registered."document so endorsed unless ald until, under theprovisions hereinafter contained, the document isdirected to be registered."
4. l,earned counsel for the petitioner has fairly acceded thesame.
5. Recording the above submission made by learned counsel oneither side and without 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(s),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 ',;,.
documents by specilically assigning the reasons in terms of Section 71 of the Act, 19OB and communicate the said decision to thepetitioner.
6. Accordingly, this Writ Petition is disposed of.
Miscellaneous applications, if any pending, shall stand closed. No order as to costs.
SD/. MOHD. SANAULLAH [ANSARI]ASSISTANT [REG]YTRAR]//TRUE COPY// g/SECTION OFFICER
To,
. The Principal [Secretary ][to ][Government, Revenue Department (Stamps ][and]ndl i illii6i,i i;6;sril [sLcieta ][ri ][at, ][state ][of ][Te ][lansa ][na' ][Hvd.erab-ad']ndl i illii6i,i i;6;sril [sLcieta ][ri ][at, ][state ][of ][Te ][lansa ][na' ][Hvd.erab-ad']. in;' oi.i''iJ'R;s';il;|. [oi ][Riirrrni" ][stamps ][and ][-Registration ][Department']Karimnagar district.Karimnagar district.
fr,i, Sru--nesistrar, -s"Rl Sru--nesistrar, -s"Rl -s"Rl [Gangadhara, Karimnagar ][district',]
3fr,i, Sru--nesistrar, -s"Rl Sru--nesistrar, -s"Rl -s"Rl 4o;; bC to M.RAM iltoHRru RrooY, Advoqqle ioPUCI5. ' i;; i6;t"'dF [r-on ][Si ][i';'PS ][;ND ][AEGiSiRAT'tot{' ][ribn ][court ][ror the]State ofTelangana [at Hyderabad. ][OUT]4o;; bC to M.RAM iltoHRru RrooY, Advoqqle ioPUCI5. ' i;; i6;t"'dF [r-on ][Si ][i';'PS ][;ND ][AEGiSiRAT'tot{' ][ribn ][court ][ror the]State ofTelangana [at Hyderabad. ][OUT]
6. Two Two CD CoPiesB* [*",]
6. Two Two CD CoPies
HIGH COURT
DATED:2911212023
ORDER
WP.No.34955 of 2023
DISPOSING OF THE WRIT PETITIONWITHOUT COSTS
1HE [srAr](.c((.(o2 5 [JArl ][2021]o*DEsn,