Telangana High Court
WP/46660/2022 of Smt. Varaganti Gayathri and another Vs The State of Telangana and 2 others on 30 December 2022
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) :PRESENT: THE HON'BLE SRI JUSTICE MUMMINENI SUDHE WRIT PETITION NO: 46660 0F 2022 AND 1, ER KUMAR 1. Smt. Varaganti Gayathri, Wo Sri. K. Balakrishna, Aged about 36 years, Occupation:Govt. Employee, Ri"/o. H.
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HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)FRIDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND TWENTY TWO
:PRESENT:THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMARWRIT PETITION NO: 46660 0F 2022Between:1. Smt. Varaganti Gayathri, Wo Sri. K. Balakrishna, Aged about 36 years,Occupation:Govt. Employee, Ri"/o. H. No. 12-1j-1915, Amber Nagar,Warasiguda, Secunderabad- 6'1. [']2. Kankata Balakrishna Sp. Kankata tr/ahankali, Aged about 43 years,Occupation: Business,zKlo. H. No. 12-1 [.l-191 ]5, Amber Nagar, Warasiguda,Secunderabad- 61 -/...PetitionersAND1,The State of Telangana, Rep. by its principal Secretary,/tamps qndRegistration Department, Secretariat, Hyderabad. [vl ],/2The Sub- Registrar, Malkajgiri, tMelchal- tvlalkajgiri District.The Telangana State Wakf Boarf Rep. by its Chief Executive Officer, HuzHouse, Nampally, Hyderabad.,/... Respondents Petition under Article 226 of lhe Constitution of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a writ order or direction more particularly one in the natuie ofwrit of [Vlandamus, to declare the action of the Respondents, particularly the 2ndRespondent, in refusing to receive, process, register and release the documentspresented by the Petitioners in respect all that the Residential lndependentHouse Bearing No.30-238/12 Part, PTI No. 1170869900, on ptot No. 12,Southern Part, admeasuring 188. 68 Sq. Yards (Out of 377.36 Sq. yards), in Sy.No. 430 Part, situated at Otd Safilguda, Malkajgiri, under GHMC, Malkajgiri Circieand Mandal, Medchal Malkajgiri District e! illegal, arbitrary, against theprovisions of Registration Act and against the setfled principles of law andconsequently direct the 2nd Respondent to receive, process, register andrelease the documents in respect of above referred property.
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 2nd Respondent to forthwith to receive, process, register and releasethe documents presented by the Petitioners in respect of all that the Residentialthe documents presented by the Petitioners in respect of all that the ResidentialIndependent House Bearing No. 30-238/12 part, pTl No. 1170869900, on plotNo.12, Southern Part, admeasuring 188.68bq. yards (Out ot 327.36 Sq. yards),No.12, Southern Part, admeasuring 188.68bq. yards (Out ot 327.36 Sq. yards), I
in Sy. No. 430 Part, situated at Old Safilguda,Malkajgiri, under GH, [Malkajgiri]Circle and Mandal, Medchal Malkajgiri District.Circle and Mandal, Medchal Malkajgiri District.
Counsel for the Petitioner: SRl. M V RAJ KUMAR GABRTEL
Counsel for the Respondent No.1 & 2: Gp FOR STAMPS AND REGISTRATION
Counsel for the Respondent No.3: SRI ABU AKRAM (Standing Counsel for Wakf Board)
The Court made the following: ORDER
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THE HON'BLE SRI JUSTICE [MUMMINENI ][SUDHEER KUMAR]WRIT PETITION No.4666O of 2022
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ORDER:
Heard learned counsel for the petitioners and [learned]Government 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 the respondents in refusing toreceive, process, register and release the documents [presented by]the petitioners for registration in respect of [residential]independent house bearing No.30-238/12 [part, ]PtINo.1170869900, on plot No.12, Southern [part, ][admeasuring]188.68 square yards (out ol 377.36 square [yards), ]in [Survey]No.430 part, situated at Old Safilguda, Malkajgiri, under [GHMC,]Malkajgiri Circle & Mandal, [Medchal ]Malkajgiri [District, ][the]petitioners filed the present writ petition.
3. Learned Government Pleader has stated [that ][the]respondents will follow the [procedure contemplated ][under ]7 1 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.-
(1) Every Sub-Registrar refusing to register a document, excepton the ground that tire [property ]to which it relates is [not]situated within his sub-district shall make al order of [refusa-l]and recorded his reasons for such order in his Book No.2, and I
endorse the words "registration refused', on the document;ald, on application made by any person executing or claimingunder the document, shall, without payment andald, on application made by any person executing or claimingunder the document, shall, without payment andunnecessary delay, give him a copy of the reasons sorecorded.recorded.
(2) No registering oflicer shall accept for registration a documentso endorsed unless and until, under the provisionshereinafter contained, the document is directed to beregistered.so endorsed unless and until, under the provisionshereinafter contained, the document is directed to beregistered.
4. In view of the above made submission coupled with theprovision under Section 71, of the Act, this Writ petition isdisposed of directing the Registering Authority to receive, process,register and release the subject document/s, subject to thepetitioners complying with the provisions of the Act as well as theIndial Stamp Act, 1899. It will be open to the RegisteringAuthority to refuse the document/s presented before him, if hehas any otrjection, by duly assigning reasons in support of suchdecision and communicate the said decision to the petitioners. Itis made clear that this Court has not expressed any opinion onmerits of the case as to the entitlement of the petitioners to get thesubject documents registered.
Miscellaneous Petitions, if any, pending in this writ petitionshall stand closed. There shall be no order as to costs.shall stand closed. There shall be no order as to costs.
SD/.P,NAGABHUSHAMBAASSISTANT REGISTRAR//TRUE COPY//v,SECTION OFFICER
To,SECTION 1The Principal Secretarv. Stamps and Registration Department, State ofTelangana, Secretariai Hyderabad.
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2. The Sub- Registrar, Malkajgiri, Medchal- Malkajgiri District.The Sub- Registrar, Malkajgiri, Medchal- Malkajgiri District.
District.3. The Chief Executive Officer, Telangana State Wiff AoarO, Huz House,Nampally, Hyderabad.Nampally, Hyderabad.
4. One CC to SRl. M V RAJ KUMAR GABRIEL Advocate tOpUCl Advocate tOpUCl5. One CC to SRl. ABU AKRAM, Standing Counsel for Wakt Board, nign Court^ [for ][the State ][of ][Telangana, Hyderabad ][[OPUC]]6. Two CCs to GP FOR STA|MPS AND REG|SfRAT|ON, High Court for theState of Telangana. [OUT]^ [for ][the State ][of ][Telangana, Hyderabad ][[OPUC]]6. Two CCs to GP FOR STA|MPS AND REG|SfRAT|ON, High Court for theState of Telangana. [OUT]
7. Two CD Copies
HIGH COURT
MSK.JDATED:30i1.212022
ORDERWP.No.4666(t ot 2022
WRIT PETITION IS DISPOSED OF WITHOUT COST
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