WP/46347/2022 of Mrs. SALEHA BEGUM Vs The State of Telangana on 30 December 2022

1. The State of Telanoana, Rep by its principal Secretary Stamps andResistration oepari'ment SeE;irEi, Fiy;#;i'"?' i.s.,Resistration oepari'ment SeE;irEi, Fiy;#;i'"?' i.s.,

2. lnspector General Stamps and Registrations, Telangana, RegistrationBhavan, 4th and 5th Ftobr, Nizams-hahai;a-d, Oimingun;, ruiL.-nlr*it,Hyderabad - 500001lnspector General Stamps and Registrations, Telangana, RegistrationBhavan, 4th and 5th Ftobr, Nizams-hahai;a-d, Oimingun;, ruiL.-nlr*it,Hyderabad - 5000013. The Sub Registrar, Shamshabad, Ranga Reddy District, Telangana State

...RESPONDENTS

Petition under Arlicre 226 of the constitution of lndia praying that in thecircumstances stated in the affidavit fired therewith, tne High'c;urt;y;;pleased_to issue any writ, order or direction more farticutarr/one in ti," -noiof wRlr MANDAMUS decraring the action or inl nesp6noent *o. "it*us purchasers receiving, registering and produced by the rereasing petitircner the without documents in ravor.ii-oitn; and reason, ;;;.p;.1,;;for theYards Property or open equivalent [prot ]No. to 'r2lpart, 836.'12 in_survey sq meiers, No. zstiai, sltuateo "ny ""r." admeasurini at Madanoaflv 1ooo.6o ViflaoesqShamshabad Mandat. Ranga Reddy Dist, reiangana StrG, ;;;;i;;"";'3r#;ni";all the link documents is iiligar, arbitrary ,ra rioirlion of arficres 14,21 and 300-A of constitution of lndia [-arso.againit ]tne erinciftes of naturai jr.ti;;;;;consequently direct the Respondent No. 3 to receive, register ano ietease ineDocument in favour of the prospective purchasers proou"io oy ffu e"iition"rioithe sq Property Open Yards or equivarent ptot No 1?fq1, to 836.12 Sq in Survey meters, r.ro. situaieo iilpart, at "O,i,""iurinl-rOOO.btrvraaanlair"y ur;g;,Shamshabad Mandal, Ranga Reddy Oist, fetangana Siate; lA NO: 'l OF 2022

Petition under Section 151 cpc praying that in the circumstances statedin the affidavit filed in support of the petition, ine uign court may oe pteaseoiopass an interim direction thereby directing the Reipondent Nd.3 to receive,register and release the Document in favour of the prospective purchasersproduced by the Petitioner forthe property open plot No t2lpart, in burvey No.23lPatt, admeasuring 1000.00 Sq yards or equivalent to 836..12 Sq meters,Situated at Madanpatly Village, Shamshabad Mandal, nanga nedOy Oist,Telangana State, pending disposal of main Writ petition; Counsel for the Petitioner: SRI. MOHIN SHARIEF

Counsel for the Respondents Rl TO R3: Gp FOR STAMPS ANDREGISTRATION

The Court made the fotlowing: ORDER

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMARWRIT PETITION No.46347 of 2022ORDER:

Heard leamed counsel for the petitioner and learnedGovernment Pleader for Stamps and Registration [appearing for]the respondents. With their consent, this writ [petition ][is ][disposed]of at the stage of admission.

2. Aggrieved by the action of respondent No.3 in refusing toreceive, process, register and release the document [presented ]bythe petitioner for registration in respect of open [plot ]No.l2/Part,in Survey No.23/Part, admeasuring 1000.00 square [yards ][or]equivalent to 836.12 square meters, situated at MadanpallyVillage, Shamshabad Mandal, Ranga Reddy District, the [petitioner]filed this Writ Petition.

3. L,earned Government Pleader has stated that therespondents will follow the procedure contemplated under 71 of the Registration Act, 1908 (for short, 'the Act).

Seclion 71 of the Act reads as follows:

Reasons for refusal to register to be recorded.-(1) Every Sub-Registrar refusing to register a document, excepton the ground that the property to which it relates is [not]situated within his sub-district shall [make ]an order of [refusal]and recorded his reasons for such order in his Book No.2, [and]endorse the words "registration refused" on tJre document;and, on application made by any [person ]executing or claimingunder the document, shall, without payment and \

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unnecessary delay,give him a copy of the reasons sorecorded.recorded.

(2) No registering officer shall accept for registration a documentso endorsed unlessanduntil, underthe provisionshereinafter contained,thcdocument isdirected to beso endorsed unlessanduntil, underthe provisionshereinafter contained,thcdocument isdirected to beregistered.

4In view of the above made submission coupled with theprovision under Section 7l of the Act, this Writ petition1Sdisposed of directing the Registering Authority to receive, process,receive, process,register and release the subject document/s, subject to thepetitioner complying with the provisions of the Act as well as theIndian petitioner complying with the provisions of the Act as well as theIndian Stamp Act, 1899. It will be open to the RegisteringAuttrority to refuse the document/s presented before him, if hehas any objection, by duly assigning reasons in support of suchdecision and communicate the said decision to the petitioner. It ispresented before him, if hehas any objection, by duly assigning reasons in support of suchdecision and communicate the said decision to the petitioner. It ismade clear that this Court has not expressed any opinion onmerits of the case as to the entitlement of ttre petitioner to get thesubject document registered.merits of the case as to the entitlement of ttre petitioner to get thesubject document registered.

Miscellaneous petitions, if any, pending in this writ petitionshall stand closed. lhere glrall be no order as to costs.

SD/- L. SIVA PARVATHIASSISTANT REGISTRARIl.//TRUE COPY//ISECTION OFFICER

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To,

1 The Principal [Secretary Stamps ][and ][Registration ][Department ][Secretariat']''State ofT6langana, [Hyderabad' ][I ][s ]

'g,;ffi [l:Lff ][l;l'1,'^'?[s?1ll:"*".sil:',li["9'd'sl?ls,1$']iTfi ][,l:offi ][::[',]Hyderabad [- ][500001]Hyderabad [- ][500001]

3. The Sub [Registrar, ][Shamshabad, ][Ranga Reddy ][District' Telangana ][State]

4. One CC [to SRl. ][MOHIN SHARIEF ][Advocate ][[OPUCI]

" 5. Two CCs [to GP ][FOR STAMPS ][ANDREGISTRATION' ][High Court for the]Si;iJl;lansana, HYderabad. [oUT]Si;iJl;lansana, HYderabad. [oUT]

6. Two [CD ][CoPies]

HIGH COURT

MSKJ

DATED: 3011212022

ORDERWP.No.46347 ot 2022

IsTATa'(uN8C)I1$I[\\a'.iia\PAT

WRIT PETITION IS DISPOSED OF WITHOUT COST