WP/46673/2022 of Uppula Mahesh Kumar Vs THE STATE OF TELANGANA on 30 December 2022

1. Business, Uppula Mahesh Kumar, Ri./o. H. No. 5-1-15711, S/o. Koteshwar Krishna Rao- Nagar, N.T.P.C., Aged about 53 years Karimnagar,, Occ.Karimnagar, District.Karimnagar, District.

2. Gangipalli Lachaiah, S/o. Rajaiah, Aged about 57 years, Occ. BusinessRl/o.Mailaram village and Benjanki Mandal, Karimnagar District.Rl/o.Mailaram village and Benjanki Mandal, Karimnagar District.

3. Guduru Suresh, S/o. Gangaram Aged about 53 Years, Occ. Business, Rl/oKombadpada Village, Beevandhi Mandal ,Thane District.Kombadpada Village, Beevandhi Mandal ,Thane District.

4. Salam Bin mohammed Barrawaz, S/o. Mohammed Bin Salmin Barrawaz,Aged about 34years, Occ. Business, R/o. H. No. 18-13-8i21,Rahamathcolony, Bandlaguda , Hyderabad.Aged about 34years, Occ. Business, R/o. H. No. 18-13-8i21,Rahamathcolony, Bandlaguda , Hyderabad.

5. Manchikatla Kiran, S/o. Venkatesh, Aged about 34 years, Occ. Business,Vedhar Village, Ramagundam , Karimnagar District.Vedhar Village, Ramagundam , Karimnagar District.

6. Salam Bin Mohammed Barrawaz, S/o. Mohammed Bin Salmin Barrawaz,Aged about 34years, Occ. Business, Rl/o. H. No. 18-13-8/21 , Rahamathcolony, Bandlaguda , Hyderabad.Aged about 34years, Occ. Business, Rl/o. H. No. 18-13-8/21 , Rahamathcolony, Bandlaguda , Hyderabad.

7. Rehana Begum, W/o. Khaja Nayeem Uddin, Aged 47 years, Occ. HousewifeFl/o. H. No. 6-4-107 , Kharkanagadda, Hussainpur, Karimnagar DistrictFl/o. H. No. 6-4-107 , Kharkanagadda, Hussainpur, Karimnagar District

8. Salam Bin mohammed Barrawaz, S/o. Mohammed Bin Salmin Barrawaz,Aged about 34years, Occ. Business, Fl/o. H. No. 18-13-8/21 ,Rahamathcolony, Bandlaguda , Hyderabad.Aged about 34years, Occ. Business, Fl/o. H. No. 18-13-8/21 ,Rahamathcolony, Bandlaguda , Hyderabad.

9. Yenugandula Rajamma, Wo. gangaramu Aged bout 65 years, Occ.Housewife, H.No. 1-5-128, Jagityal Karimnagar District.Housewife, H.No. 1-5-128, Jagityal Karimnagar District.

10. Salam Bin mohammed Barrawaz, S/o. Mohammed Bin Salmin Banawa4Aged about 34years, Occ. Business, Fl/o. H. No. 18-'1 3-8/21 , Rahamathcolony, Bandlaguda, Hyderabad.Aged about 34years, Occ. Business, Fl/o. H. No. 18-'1 3-8/21 , Rahamathcolony, Bandlaguda, Hyderabad.

11. Koduri Sagar, S/o. Komuraiah, Aged about 44 years, Occ. Business, H.No.2-1O-1186122, Kamala Heights Appt, Jyothi Nagar, Karimnagar District.1O-1186122, Kamala Heights Appt, Jyothi Nagar, Karimnagar District.

12. Salam Bin Mohammed Barrawaz, S/o. Mohammed Bin Salmin Barrawaz,Aged about s2years, Occ. Business, Rl/o. Phoolbagh, Chandraiangutta,Charminar, Hyderabad.Aged about s2years, Occ. Business, Rl/o. Phoolbagh, Chandraiangutta,Charminar, Hyderabad.

'l3.Uttem Srinu, S/o. Kondaiah Aged about 35 years, Occ. Business Rl/o. 6-'1 11,Ramadugu Village and Mandal,- Karimnagar District.Ramadugu Village and Mandal,- Karimnagar District.

...Petitioners

AND

1. The State Of Telangana, Represented by its Principal Secretary, Departmentof Revenue (Registration and Stamps), Secretariat, Burugula RamakrishnaBhavan, NearTank Bund, Hyderabad.-PlN 500021.of Revenue (Registration and Stamps), Secretariat, Burugula RamakrishnaBhavan, NearTank Bund, Hyderabad.-PlN 500021.

...Respondents

Petition under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue writ order or direction more particularly one in the nature of writof Mandamus declaring proceedings of the 7th respondent No. 8i1582/2018dated 26- 07-2018 and consequential action of the respondent No.4 in notreceiving and issuing challan for registration of the sale deed documents of thewrit petitioners herein pertaining to their residential plots Under the guise of saidproceedings of the respondent No.7, as illegal, arbitrary and contrary to contraryto section 17 read wilh 22 A and section 71 of lndian Registration Act andconsequently direct the respondents to receive and admit the sale deeddocuments of the writ petitioners 1 to 13 herein for registration over residentialplot bearing No.12 and 13 (Part),3, No, No,S, No,No, No,2, No,52,No, No, which areSy.Nos. 65,147 and 148, 118, 153,147 and 148, 153,73, 153, 215, 153, 15, 153,153. respectively of Rekurthy Village and Gram Panchayat, Kothapalli Mandaland Zilla Parishad and within Municipal Corporation and District Karimnagar, bysetting aside the proceedings of the 7th respondent No. B/1582/20'18 dated 26-07 -2018.

lA NO: 1 OF 2022

Petition under Section 151 CPC praying that in the circumstances statedin the affidavit filed in support of the petition, the High Court may be pleased todirect the 7th respondent to receive and admit the sale deed documents of thethe writ petitioners ['1 ]to 13 herein for registration over residential plot bearingNo.12 and 13 (Part),3,No,No,5,No,No,No,2,No,52,No,No, which are Sy.Nos.65,147and148,'l18,'l53, 147and148,153,73,153, 215,'153,15, 153,i53.respectively of Rekurthy Village and Gram Panchayat, Kothapalli Mandal andZilla Parishad and within Municipal Corporation and District Karimnagar; as persection 71 of lndian Registration Act; by suspending the proceedings of the 7threspondent No B/1582i2018 dated 26-07-2018, pending disposal of the main writpetition in the interest of justice and pass Counsel for the Petitioner: SRl. BABULU L

Counsel for the Respondent No.1 to 7: AGP FOR STAMPS AND

REGISTRATION

The Court made the following: ORDER

THE HON'BLE SRI JUSTICE [MUMMINENI ][SUDHEER KUMAR]WRIT PETI?IO N No.46673 of2022ORDER:

Heard learned counsel appearing [for the ][petitioners ][and]Iearned Assistant Government [Pleader ][for ][Stamps ][and]Registration appearing for the [respondents.]2. This Writ Petition is filed seeking [to ][declare ][the action of]respondent No.7 in issuing the [proceedings No.B/ ][l5B2l2OlB,]d,ated 26.07.2O18 and consequential [action of ][respondent ][No.4]in not receiving and issuing the challan [for ][registration ][of ][the]sale deeds presented by the [petitioners ]in [respect ][of ][residential]plots bearing Nos. 12 and 13 [(part) ]3, [No, No, ][5, ][No, No, ][No, ][2,]No, 52, No, No, which are in Survey [Nos'65, ][147 ][ard ][148, ][118,]153, r47 and 148, 153, 73, 153, 215, [153, ][15, ][153, ][153,]respectively, situated at Rekurthy Village [and ][Gram ][Panchayat,]Kothapalli Mandal and Zilla Parishad [within ][Municipal]Corporation and District, Karimnagar, [as ][arbitrary ][and ][illegal]and consequently, set aside the aforesaid [proceedings ][issued ][by]respondent No.7, dated 26.07 .20la.

3. The learned counsel [for ]the [petitioners ][has ][submitted ][that]on earlier occasion, this Court 13 [its ][order ][dated ][22.03.2022 in]

W.P.No.44223 of 20 iB and batch has considered the issue ofnon-reglstration of the prcpertieslnRekurthy Village,Karimnagar District.

4. The above made submission is not disputed by thelearned Government pleader for Stamps and Registration

5. Having regard to the above. it is relevant to refer toSection 7 1 of the Registration Act, 190g (for short the Act,1908') and Rule 58 of the Terangana Ruies made under the Act,1908, which read as follows:

Section 71

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 shaltmake an order of refusal and recorded his reasons forsuch order in his Book No.2, ald endorse the words"registration refused" on the document; and, onapplication made by any person executing or claimingunder the document, shall, without payment 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 shaltmake an order of refusal and recorded his reasons forsuch order in his Book No.2, ald endorse the words"registration refused" on the document; and, onapplication made by any person executing or claimingunder the document, shall, without payment andunnecessary delay, give him a copy of the reasons sorecorded.

(2) No registering ollicer shalt 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.

t

I

Rule 58

'58. [It ][forms ][no part ][of ][a ][Registering ][Officer's ][duty ][to]enquire into the validity of a document brought [to ][him]for registration or to attend to any written or [verbal]protest against the registration of a document based onthe ground that the executing [party ]- had no [right ][to]execute the document; but he is bound to [consider]objections raised on any of the [grounds stated ][below:]

a) that the parties appearing or about [to]appear before him are not the [persons]they profess to be;appear before him are not the [persons]they profess to be;

b) that the document [is ][forged;]

c) that the person appearing as [a]representative, assign or agent, has noright to appear in that capacity;representative, assign or agent, has noright to appear in that capacity;

d) that the executing [party ]is not [really]dead as alleged by the party applying forregistration: ordead as alleged by the party applying forregistration: or

e) that the executing party is a minor or [an]idiot or a lunatic.'idiot or a lunatic.'

6. In view of the above submissions made by both the [parties]

coupled with the provisions of Section 71 of the Act, 1908 andRule 58 of the Telangana Rules made under the Act, 1908, theWrit Petition is disposed of directing the Registering Authority toregister and release the subject documents submitted by thepetitioners subject to the petitioners compiying with theprovisions of the Act, 1908, and the Indian Stamp Act, 1899.It will be open to the Registering Authority to refuse to receivethe documents presented before him, if he has any other objectior, by duly assigning reasons in support of such decisiondnd communicate the said decision to the petitioners.Miscellaneous Petitions, if any, pending in this writpetition shall stand closed.

SD/.A.V.S.PRASADASSISTANT RElSTRAR

//TRUE COPY//

SECTION OFFICER

To,1 Ilg State t1!.,0r, of rerangana Secretary, Secretariat, Deparim:nt of Burugura Revbnue (Registration and Stamps),nrrrr'ii.n"n" Bhavan, Near TankBund, Hyderabad -plN 5000212The Commrssroner and lnsoector.General of Registration and Stamps,[ollql [Jahi ][(M ][J ][)r\.4arker ][ioad, ][Near Xa,acr,i ]ejk"ry,'ilrrprily, Hyderabad5000173. The District Registrar of Stamps and Assurances, Karimnagar.4. The Sub-Registrar, Gangadhara, Karimnaga Oirir.i"t.5. The District Collector KJrrmnagar.6. The Revenue Divisional Officef Karimnagar.7. The Tatrasildar. Kothapa i. Karrmnagar District.E. One CC to SIlt BABULU L Advocate IOPUCI9. Two CCs to Gp FoR sTA.Mps nruO iECf Si'nnTtON, High Court for theState of Telangana IOU I]10.Two CD Copres HIGH COURT

MSK.JDATED:3O11212O22

ORDER

WP.No.46673 of 2022

WRIT PETITION IS DISPOSED OF WITHOUT COST

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