Telangana High Court
WP/35034/2023 of Smt.Nafees Sultana Vs The State of Telangana on 29 December 2023
COURT FOR THE STATE OF TELANGANA AT HYOERABAD (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 PETITION NO: 35034 OF 2023 Between: Smt.Nafees Sultana, Wo.Mohd Farooq, Aged about 47
HIGH COURT FOR THE STATE OF TELANGANAAT HYOERABAD(Special Original Jurisdiction)
FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION NO: 35034 OF 2023
Between:
Smt.Nafees Sultana, Wo.Mohd Farooq, Aged about 47 [years, ]Occ ;House [wife,]R/o. H. No. 3-7-3 47, V avilalap ally, Ka [ri ]mnaga r & District.
.....PETITIONER
AND
1. The State of Telangana, Department of Revenue [(Stamps ]and. Registration),Secretariat Buildings Hyderabad,Rep.by its Principal Secretary.. Registration),Secretariat Buildings Hyderabad,Rep.by its Principal Secretary.
2. The District Registrar of Assurence, Stamps and Registration Department [at]Karimnagar Town and District.Karimnagar Town and District.
3. The Sub-Registrar, Gangadhara Karimnagar District.
4. The Tahsildar/Mandal Revenue officer, Kothapally Revenue [Mandal,]Karimnagar District.Karimnagar District.
.....RESPONDENTS
Petition Under Article 226 ot lhe Constittrtion of lndia [praying ][that ][in ][the]circumstances stated in the affidavit filed therewith, [the ][High Court ][may ][be]pleased to issue a Writ, Order or Direction more [particularly ]one in the nature ofWrit of Mandamus declaring the action of [3'd ][respondent/Sub-Registrar ][in]refusing to receive and register documents [presented ]in respect of [property ][in]Sy.No.62, Plot bearing No.6 to an extent of [194.00 ]Sq.Yds, [situated ][at ][Rekurthi]village, Karimnagar Mandal and District basing upon a [invalid ][communication]dated 28-07 -2018 of the 2nd respondent as [wholly illegal, unjust, ][untenable,]unconstitutional and/or [jurisdiction ]violative of [Article ][3O0-A ]of [constitution ][of]lndia, human rights, as well the [provisions ]of Registration Act,1908 [without ][any]Notification and 3'd respondent is [refusing ]to [received ]and [register ][the]documents which is highly unjust [and ][it ][amounts to depriving ][the ][enjoyment ][of]
direct the 3rd respondent to receive and register the sare deedsreceive and register the sare deedsand register the sare deedsregister the sare deedsthe sare deedssare deeds to receive and register the sare deedsreceive and register the sare deedsand register the sare deedsregister the sare deedsthe sare deedssare deedspresented inrespect of the aforementioned property.t.A.NO:1 OF23
Petition Under Section 151 cPC praying that in the circumstances statedin the affidavit fired in support of the petition, the High court may be preased todirect the 3'd respondent to receive and process the Document presented forregistration of sare deed in respect of the property in sy.No.62, prot No.6 to anextent of 't g4'00 Sq.yds in situated at Rekurthi virage, Karimnagar Mandar andDistrict pending disposal of the above writ petition.
Counset for the petitioner : SRI SR|N|VASA RAO PUTLUR|
Counsel for the Respondents : AGp FOR REVENUE
The Court made the fottowing ORDER
I
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KT'MAR
WRIT PETITION No.35O34 of 2023
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ORDER:
Heardlearned counsel for the petitioner and learnedAssistant Government Pleader for Stamps and Registrationappearing for the respondents. With their consent, this writ petitionis disposed of at the stage of admission.
2This Writ Petition is frled seeking the following relief:
oto declare the action of 3rd respondent/ SubRegi.strar inrefusing to receiue and register doanments presented in respectof propertg in Sg No.62 plot bearing No.6 to on ertent of 194.OODi-stict basing upon a inualid communication dated 28.O7.2O18of the N respondent as whollg illegal unjust untenableunconstitutional and/ or [juri.sdiction ]uiolatiue of Article 3OO-A ofconstitution of India tuman rights as uell the prouisions ofRegi.stration Act 19O8 u.titLnut ang notification and 3drespondent is refusing to receiued and register the docum.entsuthich i.s highlg unjust and it amounts to depriuing theenjoyment of direct th.e 3d. respondent to receiue and regi.sterthe sale deeds presented in respect of the aforementionedpropertg.'
3. Learned Assistant Governrnent Pleader for Stamps andRegistration has stated that the respondents will follow the I
procedure contemplated under Section 7l of the Registration Act, 19O8 (for short, 'the Act, 19O8').
Section 71 of the Registration Act, 19O8 reads as follows:
u Reasons for refusal to register to be recorded.-
(l) 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 ald, onapplication made by €rny person executing or claimingunder 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 ald, onapplication made by €rny person executing or claimingunder the document, shall, without pa5rment andunnecessary delay, give him a copy of the reasons sorecorded.
(2) No registering - o{frcer shall accept for registration adocument so endorsed unless and until, under theprovisions' hereinafter contained, the document isdirected to be registered."document so endorsed unless and until, under theprovisions' hereinafter contained, the document isdirected to be registered."
4. l,earned counsel for t]ee 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 (O3) weeks from the date of receipt of a copyof this order, subject to the petitioner complying with the provisions of the [Registration ][Act' ][l9O8' and Indian ][Stamp ][Act' ][1899' ][It ][is]also [open ][to ][the ][Registering ][Authority ][to ][refuse ][to ][register ][the]documents [by ][specifrcally assigning the reasons ][in ][terms ][of ]71 of [the Act, ][1908 ][and ][communicate ][the ][said ][decision ][to ][the]petitioner.
6Accordingly, [this Writ ][Petition ][is ][disposed ][of]Miscellaneous [applications' ][if ][any ][pending'][ shalt ][stand]
closed. [No ][order ][as ][to ][costs']
SADSD/. [A.v.s.P]ASSIS[TANT ][REG]FFICERSECTTON
/,TRUE [COPY/']'1ffiffis3ffi*ffi;SECTTON
SAGJ
HIGH COURT
DATED:291'1212023
ORDER
WP.No.35034 of 2023
DISPOSING OF THE W.PWITHOUT COSTS
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