Telangana High Court
WP/46329/2022 of Mrs. SHAMEEM BEGUM Vs The State of Telangana on 30 December 2022
BEGUM, Wo MOHAMMED MOIZ Occ. Housewife, R/o H. No. l0_4_ 280lAF/ 12, Ansari Road, Bahadurpura, Hyderabad, T.S., ...PETITIONER Atr{D The State of Telangana, Rep by its Principal Secretary Stamps and Registration Departrnent Secretariat, Hyderabad, T.S., Inspector General Stamps and Registrations
HIGH COUR'I' FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)FRIDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWOPR.ESENT
THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION NO:46329 0F 2022
Between:
Mrs. SHAMEEM BEGUM, Wo MOHAMMED MOIZ Occ. Housewife, R/o H. No. l0_4_280lAF/ 12, Ansari Road, Bahadurpura, Hyderabad, T.S.,280lAF/ 12, Ansari Road, Bahadurpura, Hyderabad, T.S., Atr{D
...PETITIONER
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The State of Telangana, Rep by its Principal Secretary Stamps and RegistrationDepartrnent Secretariat, Hyderabad, T.S.,Departrnent Secretariat, Hyderabad, T.S., Inspector General Stamps and Registrations Telangana, Registration Bhavan, 4th and5th Floor, Nizamshahi Road, Osmangunj, M.J. Market, Hyderabad - 5000015th Floor, Nizamshahi Road, Osmangunj, M.J. Market, Hyderabad - 500001
The Sub Registrar Shamshabad, Ranga Reddy District, Telangana State
...RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the affidavit filed therewith, the High court may ["be ]pleased todirection more particularly one in the nature of wRIT MANDAMUS declaringihe actionof the Respondent No. 3 not receiving, registering and releasing the documenis in favourofthe prospective purchasers produced by the petitioner, withoui any cause and reason,fbrdirection more particularly one in the nature of wRIT MANDAMUS declaringihe actionof the Respondent No. 3 not receiving, registering and releasing the documenis in favourofthe prospective purchasers produced by the petitioner, withoui any cause and reason,fbrthe Property open Plot No. 12, in survey No. 23lpart, admeasuring 1000.00 Sq yards orequivalent to 836.12 Sq meters, Situated at Madanpally village, Shamshabad Mandal,Ranga Reddy Dist, Telangana state, inspite of submitiing all thelink documents is illegal,arbitrary and violation of articles 14,21 and,300-A of bonstitution of India also againstthe.Principles of natural justice and consequently direct the Respondent No. 3 to refeive,register and release the Document in favour ofthe prospective purchasers produced by thePetitioner for the Property open plot No. 12, in Survey No. 23lpart, admeasuring totio.ooSq Yards or equivalent to 836.12 Sq meters, Situated at Madanpally village, ShlmshabadMandal, Ranga Reddy Dist, Telangana State;Mandal, Ranga Reddy Dist, Telangana State; IANO:lOF 2022
Petition under section 151 cpc praying that in the circumstances stated in theaffidavit filed in support ofthe petition, the IJigh court may be pleased to pass an interimdirection thereby directing the Respondent No. 3 to receive,^ register and release thedirection thereby directing the Respondent No. 3 to receive,^ register and release theDocument in favour of the prospective purchasers produced by the petitioner lor the eouivalent [to ][g36.12 Sq meters, Situated ][at ][Madanpally ][Village, ][Shamshabad ][Mandal']Ranga [ReddY ][Dist. Telangana ][State]: SRI' MOHIN [SHARIEF]Counsel [for ][the ][Petitioner ]Counsel [for ][the ][Respondents ][: GP ][FOR STAMPS ][AND ][REGISTRATION]The Court [made ][the ][follorving:]
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THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER [KUMAR]WRIT PETITIOT{ No.46329 of 2022ORDER:
Heard learned 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 ][to]receive, process, register and release the document [presented ][by]the petitioner for registration in respect of [open ][plot ][No. ][12 ][in]Survey No.23/Part, admeasuring 1000.00 square [yards ][or]equivalent to 836.12 square meters, situated at [Madanpally]Village, Shamshabad Mandal, Ranga Reddy District, the [petitioner]filed this Writ Petition.
3. Learned Government Pleader has stated that [the]respondents will fotlow the procedure contemplated under Section71 of the Registration Act, 1908 (for short, the [ActJ.]
Section 71 of the Act reads as follows:
Reasons for refusal to register to be recorded.-
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(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]ald recorded his reasons for such order in his Book No.2, [and]endorse ttre words "registration refused" on the document;and, on application made by any [person ][executing ][or ][claiming]under the document, shall, without [paJrment ]aldon the ground that the property to which it relates is [not]situated within his sub-district shall make an order of [refusal]ald recorded his reasons for such order in his Book No.2, [and]endorse ttre words "registration refused" on the document;and, on application made by any [person ][executing ][or ][claiming]under the document, shall, without [paJrment ]ald It unnecessary delay,recorded.recorded.
give him a copy of the reasons so
(2) No registering of{icer shalr accept for registration a documentso endorsed unlessanduntil, underthe provisionshereinafter contained,thedocurnent isdfuected to beso endorsed unlessanduntil, underthe provisionshereinafter contained,thedocurnent isdfuected to beregistered.
4. In view of the above made submission coupled with theprovision under Sectio n T 1 of the Act, this Writ petition isdisposed of directing the Registering Autftority to receive, process,register and release the subject document/s, subject to thepetitioner complying with the provisions of the Act as well as theIndian Stamp Act, 1g99. It will be open to the RegisteringAuthority 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 ismade clear that this Court has not expressed any opinion onmerits of the case as to the entitlement of the petitioner to get thesubject document registered.
Miscellaneous petitions, if any, pending in this writ petitionshall stand closed. There sha,ll be no order as to costs.
SD/MOHD. SANAULLAH ANSARIASSISTANT ITEGNTRARI{. ]--.-SECTIdN OFFICER
//TRUE COPYII
,z
To,
l. The Principal [Secretary ][Stamps and ][Registration Department Secretariat' Hyderabad']T.S.,T.S.,2. Inspector [General ][Stamps and ][Registrations ][fe!1e1a'.negistration ][Bhavan' ][4th ][and]- l n f'toor, Nizamshahi Road, Osmangunj, M'J' Market' Hyderabad - 500001:. ii" [SuU ][Registrar ][Shamshabad' Ranga ][Reddy ][District'-Telangana ][State]4. One CC to [iRI. ][tUOgIN ][SHARIEF Advocate IOPUC]]5. Two ccs to cp [FOR ][ST;M|S ][AND ][REGIST-RATION ][, ][High court for ][the State ][of]Telangana, [HYderabad. ]IOUT]- l n f'toor, Nizamshahi Road, Osmangunj, M'J' Market' Hyderabad - 500001:. ii" [SuU ][Registrar ][Shamshabad' Ranga ][Reddy ][District'-Telangana ][State]4. One CC to [iRI. ][tUOgIN ][SHARIEF Advocate IOPUC]]5. Two ccs to cp [FOR ][ST;M|S ][AND ][REGIST-RATION ][, ][High court for ][the State ][of]Telangana, [HYderabad. ]IOUT]
6. Two CD [CoPies]
HIGI{ COURl'
MSK, JDATED: [3011212022]ORDERWP.No.46329 [of ][2022]WRIT PETITION [IS ][DISPOSED OF ][WITHOUT ][COSTS]