WP/46412/2022 of Mohammed Sayeeduddin Vs The State of Telangana and 2 others on 29 December 2022

1. The State of Telangana, Represented by The Principal Secretary, Departmentof Revenue, (Stamp and Registration), Telangana State, Secretariat,Hyderabad T.S.of Revenue, (Stamp and Registration), Telangana State, Secretariat,Hyderabad T.S.

The Commissioner and lnspector General of Registration and Stamp,Mozamjahi Market Road, Hyderabad 500001 T.S.Mozamjahi Market Road, Hyderabad 500001 T.S.

.)The Sub-Registrar, Office, Sangareddy, Door No 4-8, 38/AandB, ManjeeraNager, Sangareddy 502001, T.S.The Sub-Registrar, Office, Sangareddy, Door No 4-8, 38/AandB, ManjeeraNager, Sangareddy 502001, T.S.

...RESPONDENTS

Petition under Article 226 of the Constitutjon of lndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may bepleased to issue a writ, order or direction particularly in the nature of the writ ofmandamus, declaring the action of the Respondents and more particularly theRespondent No 3 herein in refusing to receive the Sale Deed presented by theRespondent No 3 herein in refusing to receive the Sale Deed presented by thePetitioners for Registration in respect of Plot bearing No. 15, in Survey Nos.401141 and 4001A1 , admeasuring 150 Sq.Yds., which is equivalent to 125.41Sq.Mtrs., situated at Kalvakunta, Sangareddy, under the city municipal limits ofSangareddy Town, Mandal and District, T.S., without assigning reasons as illegalarbitrary and without [jurisdiction ]and also violative of principles of natural [justice]and consequently direct the Respondent No 3 herein to receive the Sale Deedpresented by the petitioner for registration rn respect of the aforesaid plots.Sq.Mtrs., situated at Kalvakunta, Sangareddy, under the city municipal limits ofSangareddy Town, Mandal and District, T.S., without assigning reasons as illegalarbitrary and without [jurisdiction ]and also violative of principles of natural [justice]and consequently direct the Respondent No 3 herein to receive the Sale Deedpresented by the petitioner for registration rn respect of the aforesaid plots.

Petition und,:r Section 151 CPC praying that in the r:rrcu rstances statedin the affidavit [filec ]in support of the [petition, ]the High CoLrrt mzry be [pleased ]todirect the Responc ent No 3 to receive, register and releas,c szrle deeds of thepetitioner in respe( t of the bearing Plot bearing No. 15 in Survey Nos. 401/Aland 400/41, adme; [rsuring ]150 Sq.Yds., which is equivalert-.o'2541 Sq.Mtrs.,situated at Kalva <unta, Sangareddy, under the city rrun cipal Iimits ofSangareddy Town, [Vlandal and District, T.S., [pending ]rlispc,r;al of this WritPetition.

Counsel for the Pel itioner: SRI SAROSH BASTAWALA

Counsel for the Rer [pondents: ]GP FOR STAMPS AND REG [S ]|RATION

The Court made the following: [ORDER]

II

THE HONOURABLE SRI JUSTICE K.SARATH

WRIT PETITION No. 46412 of 2022ORDER:

Heard Learned Counsel for the petitioner and LearnedGovernment Pieader for Stamps and Registrations for therespondents. With their consent, this Writ Petition is disposed of atthe stage of admission.the stage of admission.

2, Aggrieved by the action of the respondent No.3 in refusing toentertain the subject document for registration in respect o[ thesubject property, the petitioner filed the present Writ Petition.3. Learned Government Pleader has stated that the respondentNo.3 will follow the procedure contemplated under Section 71 of theRegistration Act, 1908 ("the Act, 19O8" for brevity).Section 7 1 of the Act, i 908 reads as follows:

Reasons for refusal to register to the recorded -

1) Every Sub- Registrar relusing to register adocument, except on the ground that theproperty to which it relates is not situated withinhis sub-district shall make an order of refusaland recorded his reasons lor such order in hisBook No.2, and endorse the words "registrationrefused" on the document; and, on applicationdocument, except on the ground that theproperty to which it relates is not situated withinhis sub-district shall make an order of refusaland recorded his reasons lor such order in hisBook No.2, and endorse the words "registrationrefused" on the document; and, on applicationmade by any person executing or claiming underthe document, shall, without payment andthe document, shall, without payment and l unnecessary delay, give him a r:oc y rtf thereasons so recorded.

2) No registering officer sha1l accept for relislrationI document so endorsed unless and tLnlil, underI document so endorsed unless and tLnlil, under -he provisions hereinafter contained, the locument is directed to be registered.

4. In viev of the above made submission :oupJed with theprovision unr.er Section 71 of the Act, 1908, thjs Writ Petition isdisposed of dr recting the Registering Authorit). to rt r:t:ive and processthe subject d< cument/ s, subject to the petitioner c rrnpl'7ing with theprovisions of t he Act as well as the Indian Stamp Ar:1, 1899. It will beopen to the Rt gistering Authority to refuse the docurnent/s presentedbefore him, il he has any objection, by dul1, assigninii reasons insupport of ear h decision and communicate the saicl dt:,:ision to thepetitioner. It : s made clear that this Court tras n:t expressed anyopinion on me [-its ]of the case as to the entitlernent of the petitioner toget the subjec t document registered. There sl-rall bt: no order as tocosts-5. Miscellar teous applications, if any, pending shzLJl stend closed.

SI]/.. T,'TIRUMALA DEVIAS$ISTANT REGISTRAR6PSE(]TION OFFICER

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To,1The Principal Secretary, Department of Revenue, [(Stanrp ][ancl ][Registration),]The State of [-elangana, ]Telangana State, Secretariat, [[1y,jer;rbad T.S.]1The Principal Secretary, Department of Revenue, [(Stanrp ][ancl ][Registration),]The State of [-elangana, ]Telangana State, Secretariat, [[1y,jer;rbad T.S.]2The Comrnisr ioneiand lnspector General of Registratrcn [an,l ][Stamp,]Ivlozamjahi M rrket Road, Hyderabad 500001 T.S.Ivlozamjahi M rrket Road, Hyderabad 500001 T.S..)The Sub-Reg strar Office, Sangareddy, Door No [4-8. 38/A ][and ][B, ][Manjeera]Naqer, Sanqz [reddv ]502001, T.S.Naqer, Sanqz [reddv ]502001, T.S.4on6 cc to St:l SAhOSH BASTAWALA, Advocate [oPLrt-:]Two CCs to [C ]P FOR STAMPS AND REGISTRATION, [[]ich ]'l;ourt [for ][the]Two CCs to [C ]P FOR STAMPS AND REGISTRATION, [[]ich ]'l;ourt [for ][the]State of Telar [gana. ][OUT]6Two CD CoPi, [rs]BNBN

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HIGH COUR T

DATED:2911212022

ORDER

WP.No.46412 of 2022

DISPOSING O: THE WRIT PETITIONWITHOUT COI;TS@

T"..lE [€ ]14 16t.) (.