Telangana High Court
WP/34977/2023 of K. Rama Krishna Vs State of Telangana on 29 December 2023
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT Ti{E HoNoURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO: 34977 OF 2o23 Between: K. Rama Krishna, S/o K.Achary, Aged about 58
HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD(Special Original Jurisdiction)
FRIDAY, THE TWENTY NINTH DAY OF DECEMBERTWO THOUSAND AND TWENTY THREE
PRESENT
Ti{E HoNoURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION NO: 34977 OF 2o23
Between:
K. Rama Krishna, S/o K.Achary, Aged about 58 years, Occ;Business, R/o.H.No.4-7-15511512, Pandu Ranga Reddy Colony, Sai Hills, Attapur, Hyderabad.
...,.PET]TIONER
AND
1. State of Telangana, Rep. by its Principal Secretary, Revenue (Stamps andRegistration) Department, Secretariat, Hyderabad.Registration) Department, Secretariat, Hyderabad.
2. The District Registrar, Stamps and Registration Department, Ranga ReddyDistrict.District.
3. The Sub Registrar, Shamshabad, Ranga Reddy District.
.....RESPONDENTS
Petition Under Article 226 of the Constitution of lndia praying that in thecircumstances stated in the affidavit frled therewith, the High Court may bepleased to issue a Writ, Order or Directron, more particularly one in the nature ofWrit of Mandamus, declaring the action of the 3'd respondent in refusing toreceive, register and release the Sale Deed to be submitted by the petitioner inrespect of the Plot bearing No.46, admeasuring 200 sq.yarsds in S.No.103/17situated at Dharamagiri, Sham shabad Village and fManda[, Ranga Reddy Districtas illegal, arbitrary, contrary to law, violatrve of the provisions of the RegistrationAct, discriminatory, unconstitu tiona I and in violation of Articles 14, 21 and 300- Aof the Constitution of lndia and consequently direct the 3'd Respondent toreceive, register and release the Release Deed document presented by thepetitioner in respect of the aforesaid property without insisting for any clearancefrom the Revenue Authorities.
|.A.NO:1 OF 2023
Petition under Section [151 ][CPC ][praying ][that in the ][circumstances ][stated]in the affidavit filed in support [of the ][petition, ][the ][High ][court ][may ][be ][pleased to]direct the 3d respondent to [receive, register ][and ][release ][the ][Sale Deed ][to ][be]submitted by the [petitioner ][in ][respect ][of ][the ][Plot ][bearing No.46, ][admeasuring]in s.No.103/17 [situated ][at ][Dharamagiri, Shamshabad ][Village ][and]200 sq.yarsds Mandal, Ranga Reddy [District, pending disposal ][of ][the ][above ][writ petition']
Counsel for the Petitioner [: ][SRI ][G.DURGA CHARAN]
Counsel for the Respondents [: ][AGP FOR ][REVENUE]The Court made the following [ORDER]
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THE HOITOURABLE SRI JI,STICE N.V.SHRAVAN KT'MARWRITONNo.34977 of 20/23
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ORDER:
Heard learned
counsel for the petitioner and learned
Assistant Government pleader for Stamps and Registrationappearing for the respondents. With their consent, this writ petitionis disposed of at the stage of admission.
2. This Writ petition is hled seeking the following relief:.to decla.re *e action of the 3rd respondent in refusing toreceiue register and. release the Sale Deed to be submitted bgthe petitioner in respect of the plot bearing No.46, admeosuring2OO sq.yards in Sg.No.1O3/ 17, situated at DharamagiriShamshabad Village and Mandal Ranga Reddg District asillegal arbitrary controry to lau.t uiolatiue of the prouisions of theRegistration Act di^scrimiruttory unconstitutionar anrl in uiolationof Articles 14, 21 and. 3OO A of the Constitution of India andconsequentlA direct the 3rd. Respondent to recelue register and.release the Retease Deed document presented. b17 the petitionerin respect of the aforesaid property uithout insistjng for angclearance from the Reuenue Authoities,
3.
3. learned Assistant Government pleacler tor Stamps andRegistration has stated that the responclents u,rU follow theprocedure contemplated under Section 71 of the Registration Act,l9O8 (for short, the Acr, 19O8,).
Section 7l of the-Registration Acr, l9O8 reads as follows:of the-Registration Acr, l9O8 reads as follows:
" 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 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 ttre words"registration refused" on the document; and, onapplication made by any person executing or claimingunder the document, shall, without paJrment andexcept 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 ttre words"registration refused" on the document; and, onapplication made by any person executing or claimingunder the document, shall, without paJrment and. unnecessary delay, give him a copy of the reasons sorecorded.recorded.
(2) No registering o{Iicer shall accept for regtstration 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. Learned counsel for the petitioner has fairly acceded thesame.
5.
5. Recording the above submission made by learned counsel oneither side and without expressing arry 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, prelerablywithin a period of three (03) weeks from the date of receipt of a copyof this order, subject to the petitioner complying with the provisionsof the Registration Act, 1908, and Indian Stamp Act, 1899. It rsalso open to the Registering Authority to refuse to register thedocuments by specifically assigning the reasons in terms of Section 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, ][shall ][stand]
closed. No order as to costs.
SD/-V.KAVITHA '/ASSISTANTGISRSECTION [OFFICER]ASSISTANTGISRSECTION [OFFICER]
//TRUE COPY//
To1.The Principal secretary, [Revenue (stqmpg ][and Registratron) ][Department']i"ir"i"t"i, st"te [ofr6langana ][at Hyderabad']1.The Principal secretary, [Revenue (stqmpg ][and Registratron) ][Department']i"ir"i"t"i, st"te [ofr6langana ][at Hyderabad']2.i#Dl;ffii nLl[ttar, [btr;i.lii ][fr"gistratron ][Department' Ransa Reddv]District.District.3.ii'J'5ro Reqistrar, [Shamshabad. ][Ranga ][Reddv District']4.+["""c"#h;"C"p [FbR ][i{EVENUi, ][Hishtorrt ][for ][the ][state ][of ][relansana ][at]Hvderabad. [OUT]4.+["""c"#h;"C"p [FbR ][i{EVENUi, ][Hishtorrt ][for ][the ][state ][of ][relansana ][at]Hvderabad. [OUT]5.i#;"aCi;'sliG.6urga [Charan, Advocate ][[oPUCl]6.Two CD CoPies6.Two CD CoPies SAGJP \ \"
HIGH [COURT]
DATED:2911212023
ORDERWP.No.34977 [ot ][2023]
DTSPOSING [OF ][THE ][W.P]
WI'tHOUT [COSTS.]
a[6E SrAr5:]t [t]Z.JAri 2024C)d [ro]5i.ossPA i [c.t]