Telangana High Court
WP/37806/2012 of S.Rasool Khan Vs The Joint Sub-Registrar-I, on 28 December 2012
SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.37806 of 2012 Date: 28.12.2012 Between: S.Rasool Khan … Petitioner And The Joint Sub-Registrar-I, Kurnool and another … Respondents Counsel for the petitioner: Sri Babuji Tenneti Counsel for the respondents: Assistant Government
THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY
WRIT PETITION No.37806 of 2012
Date: 28.12.2012
Between:S.Rasool Khan … PetitionerAndThe Joint Sub-Registrar-I, Kurnool and another… Respondents Counsel for the petitioner: Sri Babuji Tenneti Counsel for the respondents: Assistant Government Pleader forRevenue The Court made the following :
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ORDER:
The order dated 07.06.2012 of respondent No.1 in refusing toreceive and register the document in respect of survey No.74/C ofJoharapuram Village, Kurnool is assailed in this writ petition.
A perusal of the impugned order shows that the reason forrefusing to register the document is that the land in question isincluded in the list of endowment lands. The petitioner disputed theclaim of the endowments department that the property is anendowment property.
Under Section 72 of the Registration Act, 1908 (for short ‘theAct’), the petitioner is entitled to file an appeal along with the materialin support of his claim that the land in question is a private propertybefore the appellate authority. The appellate authority shall examinethe same and if he is convinced that no material exists in support of theclaim of the endowment department that the property belongs to it, heshall pass an order in favour of the petitioner. Conversely, he shalldispose of the appeal that may be filed by the petitioner by givingreasons in support thereof. The appellate authority shall complete thisexercise within a period of two months from the date of receipt of acopy of this order.
Subject to the above directions, the Writ Petition is disposed of.
As a sequel, W.P.M.P.No.47956 of 2012 shall stand disposed ofas infructuous.
28[th] December, 2012GHN
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(C.V.NAGARJUNA REDDY, J)