WP/35054/2023 of Shaahi Cafe Shisha Vs The State of Telangana on 29 December 2023

ORDER:

This Writ Petition, under Article 226 [of ][tll,e ][Constitution ][of]

India, is filed seeking the following relief:

"..to issue a Writ, Order or Direction more [particularly]one in the nature of WRIT OF MANDAMUS [by declaring]the action of the Respondents more [particularly ][the]Respondent Nos.3 and 4, [herein tranning and ][interfering]with the said Business of the Petitioner running [under]the name and style "Shaahi Caf6 Shrsha" [Situated ]at [P[,ot]No.47, First Floor, TNGOS Colony, Behind Q City, [My]Home Vihanga Rd, Gachibowli, Serilingampalty, [Ranga]Reddy District-TS Rep.by its owner, Naman Tak S/oPuran Mal Rajamani Chambers, Ashok [Nagar,]Musheerabad, Hyderabad - Telangana in serving [of]flavoured Hookahs, without reference to [rule, ][Iaw ][or]regulations, as ittegal, arbitrary, unconstitutional [arrd]contrary to the provisions ot COTP Act [and cons€quently]direct the Respondents to [permit ]the [petitioner ][to]continue his business of sewing flavoured [Hookals ][in]his coffee shop without any hindrance or restrictions [in]the interest of [justice.."]

2. L,earned counsel for the [petitioner submitted that]

the issue involved in this [Writ ][Petition ][is ][squarely ][covered ][by ][the]common order passed by this Court in [W. ][P. ][No.8223 ][of ][20 ][13]and Batch, dated 15.1 1.2023.

3. Learned Assistant Government Pleader for [Home]appearing for respondent Nos. [1 ]to 5 does [not ][dispute ][the ][same.]

4. In view of the said submissions, [this Writ ][Petition ][is]also disposed of in terms of the [said ][common ][order, ][dated]

\

15.11.2023 passed in W.p.No.8223 of 2Ol3 and Batch. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

SD/. T. VIJAY KUMARASSISTANT R,EGISTRAR

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SECTION OFFICER

To1. The Principal Secretary, Home Department, Secretariat, State of Telanganaat Hyderabad.2. The Commissioner of Police, Office at Gachibowli, Cyberabad.3. The Station House Officer, Gachibowli, Police Station, Cyberabad.4. The Assistant Commissioner of Police, Madhapur, Hyderabad.5. The Special Operation Team Narsingi Police Station, Cyberabad.6. The Commissioner, Greater Hyderabad Municipal Corporation, Circle 20Serilingampally Zone, Cyberabad.7. Two CCs to GP For Home, High Court for the State of Telangana atHyderabad. [OUT]8. One CC to Sri Habeeb Abubakar Alhamed, Advocate [OPUC]9. One CC to Sri M.A.K.Mukheed, Advocate [(OPUC)]10. Two CD Copies(Along with the Copy of Court Common Order dl:1511112022 in W.P.No. 8223 of 2013)SAGJP

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HIGH COURT

DATED:2911212023

ORDERWP.No.35054 of 2023

DISPOSING OF THE W.PWITHOUT COSTS.

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1HEsfArt'')qvo1 z JAN 202tzC)rt'**O6:SPATC

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMARWRIT PETITION No.8223 of 2023

.ORDER:

Heard learned counsel appearing for the [petitioners ]and learned Assistant Government Pleader for Stamps and Registrationappearing for the respondents. With the consent of both thelearned counsel, the writ petition is disposed of at the [stage of]admission.

Conclusion

2. This writ petition is filed seeking a writ of [Mandamus ][to]declare the action of respondent No.4 in refusing to [receive,]register and release the subject document [presented ]by [the]petitioners for registration in respect of residential [Plots ][bearing]Nos.45, NO (61, 62, lO2, 1O3 [(Part), ][20, ][a7,lO, r23,7, ][NO, ][56]which are in Survey Nos. 139, 131,22,60, [80, ]50, [139, ][213, ][122]and 123 of Rekurthy Village and Gram [Panchayat, Kothapalli]Mandal and Zrlla Parishad, [Karimnagar ][Municipal ][Corporation]and District Karimnagar, by setting [aside ][the ][proceedings ][of]respondent No.7 vide No.Bl1582l20l8, [dated 26.07.2014.]

3. Learned counsel for the [petitioners ][has submitted ][that ][on]earlier occasion, this Court in [its ][order ][dated 22.03.2022 in]W.P.No.44223 of 2O18 and [batch ][has considered the issue ][of ][non-]

registration of the properties in Rekurthy Village, KarimnagarDistrict.

4. The above made submission is not disputed by the learnedAssistant Government Pleader for Stamps and Registration.

5. Having regard to the above, it is relevant to refer to Section71 of the Registration Act, l9O8 (for short the Act, 19O8') and Rule58 of the Telangana Rules made under the Act, 1908, which readas follows:

Sectlon 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 it relatesis not situated within his sub-district shall make an orderof refusal and recorded his reasons for such order in hisBook No.2, and endorse the words "registration refused"on the document; and, on application made by anyperson executing or claiming under the document, shall,without payment and unnecessary delay, give him a copyof the reasons so recorded.except on the ground that the property to which it relatesis not situated within his sub-district shall make an orderof refusal and recorded his reasons for such order in hisBook No.2, and endorse the words "registration refused"on the document; and, on application made by anyperson executing or claiming under the document, shall,without payment and unnecessary delay, give him a copyof the reasons so recorded.(2) No registering ofhcer shall accept for registration adocument so endorsed unless artd until, under theprovisions hereinafter contained, the document isdirected to be registered.document so endorsed unless artd until, under theprovisions hereinafter contained, the document isdirected to be registered.Rule 58

"58. It forms no part of a Registering Ofhcer's duty toenquire into the validity of a document brought to him forregistration or to attend to any written or verbal protestagainst the registration of a document based on the groundthat the executing party had no right to execute thedocument; but he is bound to consider objections raised onany of the grounds stated below:

a) that the parties appearing or about toappear before him are not the persons theyprofess to be;appear before him are not the persons theyprofess to be;

b) that the document is forged;

c) that the Person apPearing as arePresentative, assign or agent, has no rightto appear in that capacity; appear d) that the executing party is not really [dead]as alleged by the party applying forregistration; or

e) that the executing party is a minor or [an]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 ][and]Rule 58 of the Telangana Rules made [under the ][Act, ][19O8, the]Writ Petition is disposed of directing [the ][Registering ][Authority ][to]receive, register and release the [subject document ][submitted ][by]the petitioners subject to the [petitioners ][complying ][with ][the]provisions of the Act, 1908, and the Indian [Stamp ][Act, ][1899,]without reference to the [proceedings No-81158212O18, ][dated]26.07.2018, issued by respondent [No'7. ][It ][will ][be ][open ][to ][the]Registering Authority to refuse [to ][receive ][the ][document ][presented]before him, if he has any other [objection, ][by duly ][assigning]reasons in support of such [decision ][and ][communicate ][the ][said]decision to the [petitioners. ][It ][is ][made ][clear ][that this ][Court ][has ][not]expressed any opinion [on merits of the ][case ][as ][to the ][entitlement]of the petitioners to [get ][the subject document ][registered.]

Miscellaneous Petitions, if [any, ][pending ][in ][this ][writ ][petition]shall stand closed.

Date:24.O3.2023KH

MUMMINENI SUDHEER [KUMAR, ][J]