Telangana High Court

WP/26391/2006 of Md.Jabar, Vs The Sub-Register, on 26 December 2006

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V.V.S.RAO WRIT PETITION No.26391 of 2006 Dated:26.12.2006 Between: Md.Jabbar. …Petitioner and The Sub-Registar. …Respondent HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.26391 of 2006 ORDER: The petitioner is a resident of Hyderabad. It is his case that the land

HON’BLE SRI JUSTICE V.V.S.RAO

WRIT PETITION No.26391 of 2006

Dated:26.12.2006

Between:

Md.Jabbar.

and

…Petitioner

The Sub-Registar.

…Respondent

HON’BLE SRI JUSTICE V.V.S.RAO

WRIT PETITION No.26391 of 2006

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ORDER:

The petitioner is a resident of Hyderabad. It is his case that the landadmeasuring Ac.1.03 guntas and Ac.1.12 guntas in Survey Nos.316/P and317 situated at Anmagal Hayathnagar Village, Hayathnagar Mandal inRanga Reddy District, was classified as Inam Land, that the competentauthority, after due enquiry, granted Occupancy Rights Certificate in favourof one Md.Abdul Nabi and others, whose names were also entered in therevenue records as pattadars and possessors and were enjoying the sameas absolute owners, that the petitioner along with Smt. Salma Begumpurchased the said land from them on 05.10.2006 through their registeredGeneral Power of Attorney holders, and also executed a sale deed. Thepetitioner alleges that when the said document was presented before therespondent, even after paying the necessary registration charges, therespondent is not registering the document and just kept the same inabeyance on the ground that the subject property is a Government land,aggrieved by which, the present Writ Petition is filed.

Heard the learned Counsel for the petitioner and the learnedAssistant Government Pleader for Revenue (General). It is no doubt truethat when a document is presented, it is incumbent on the part of theRegistering Officer to examine the same with reference to Sections 31 to 36of the Registration Act, 1908 (the Act, for brevity) and/or Rules 26 and 58 ofthe Andhra Pradesh Rules under the Act. This aspect of the matter wasconsidered by my learned brother Hon’ble Sri Justice A.Gopal Reddy inW.P.No.15199 of 2004, dated 01.09.2004.

Following the above, this Writ Petition is disposed of directing therespondent or any other Registering Officer to accept the documentpresented by the petitioner and consider for registration. Be it noted, if for any reason, the document presented is not registered, it is incumbent on thepart of the Registering Officer to record and furnish reasons under Section71 of the Act. Even thereafter, if the petitioner has any grievance, he mayfile appeal before the Appellate Authority under Section 72 of the Act. Thereafter, if any adverse order is passed by the Appellate Authority, thepetitioner can file a suit under Section 77 of the Act. No costs.

26.12.2006vs

____________(V.V.S.RAO, J)

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