Narahari Anil Kumar v. The State Of Telangana And 3 Others
132s6 l HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE FOURTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUNIAR WRIT PETITION NO: 275 OF 2023 Between:
l. NARAHARI ANIL KUMAR, Sio Gopal Reddy, Ooo IT Professional, fuo H.NO 9-7138/1, Ramnagar, Karimnagar, Presently R/o Block-769, woodlands Drive 60, Sinpore through his GPA Holder Dunthula Sudharshan Reddy, S/o Narsimha Reddy
2. Dunthula Sudharshan Reddy, S/o Narsimha Reddy, Occ: Private Employee, H.No 432l1, Munuwada village, Boinipally Mandal, Rajnna Siriclla District ...PETITIONERS AND I . The State of Telangana, rep by its Pri Secretary, Revenue Department, Secretariat, Lower Tunk Bund, Hyderabad 500029
2. The Commissioner and Inspector General of Stamps and Registration, Mojamjahi Market, Hyderabad
3. The District Registrar of Assurances, Karimnagar
4. The Sub- Registrar, Gangadhara, Karimnagar District ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ, declaring the action of Respondent.No3, in refusing to receive the document of the petitioners properly bearing H.No I0-100005/ A/1 site plot.No 39 an extent of 235.00 sq yards in Sy.
No 204 situated at Rekurthi village, (presently Karimnagar Muncipal Corporation),Kothapally Mandal, Karimnagar District, is nothing but arbitrary, illegal, null and void, without jurisdiction in, contrary to the provisions of Registration Act, 1908 and in vilation of Article 14, 19 and 21of Constitution of India Consequently direct the Respondent.No3 to receive the document presented by the petitioner for registration in respect of in respect of H.No 10i00005/A/1 site plot.No 39 an extent of 235.00 sq yards in Sy.
IA NO: I 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 Respondent.No 3, to receive the document presented by the petitioner for registration in respect of in respect of H.No 10-100005/ A/1 site plot.No 39 an extent of 235.00 sq yards in Sy.No 204 situated at Rekurthi village, (presently Karimnagar Muncipal Corporation), Kothapally Mandal, Karimnagar District; :SRI. V SRIKAI{TIIA RAO : GP FOR STAMPS AND REGISTRATION Counsel for the Petitioners Counsel for the Respondents The Coun made the following:
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.275 of 2o23 ORDER:
Heard learned counsel appearing for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With the consent of both the learned counsel, the writ petition is disposed of at the admission stage.
2.
This writ petition is filed by the petitioner to declare the action of respondent No.3 in not receiving, registering and releasing the document presented for registration in respect of property bearing H.No.10-1000OSlAll site Plot No.39 to an extent of 235.00 sq. yards in Survey No.2O4 situated at Rekurthy Vitlage (presently Karimnagar Municipal Corporation), Kothapalli Mandal, Karimnagar District, as illegal and arbitrary. 3.
The learned counsel for the petitioner has submitted that on earlier occasion, this Court in its order dated 22.03.2022 in W.P.No.44223 of 2018 and batch has considered the issue of non-registration ol the properties 1n Rekurthy Village, Karimnagar District.
4.
The above made submission is not disputed by the learned Assistant Government Pleader for Stamps and Registration. 5.
Having regard to the above, it is relevant to refer to Section 71 of the Registration Act, 1908 (for shortthe Act, 1908J and Rule 58 of the Telangana Rules made under the Act, 1908, which read as follows:
Section 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 relates is not situated within his sub-district shall make an order of refusal and recorded his reasons for such order in his Book No.2, and endorse the words "registration refused" on the document; and, on application made by any person executing or claiming under the document, shall, vrithout payment and unnecessa{/ delay, give him a copy of the reasons so recorded.
(2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.
Rule 58 "58. [t forms no part of a Registering Officer's duty to enquire into the validity of a document brought to him for registration or to attend to any written or verbal protest against the registration of a document based on the ground that the executing party had no right to execute the document; but he is bound to consider objections raised on any of the grounds stated below:
,eL that the parties appearing or about to appear before him are not the persons they profess to be;
b) that the document is forged;
c) that the person appearing as a representative, assign or agent, has no right to appear in that capacity;
d) that the executing party is not really dead as alleged by the party applying for registration; 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, 1908, the Writ Petition is disposed of directing the Registering Authority to receive, register and release the subject document submitted by the petitioner subject to the petitioner complying with the provisions of the Act, 1908, and the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse to receive the documents 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 petitioner. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioner to get the subject documents registered.
Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
SD/-L.SHIVA PARVATHI ASSISTANT REGISTRAR //I.RTIE COPYII s N OFFICER To, The Principal. Secretary, Revenue Department, State of Telangana, Secretariat, Lower Tunk Bund, Hyderabad 500029.
2. The Commissioner and Inspector General of Stamps and Registration, Mojamjahi Market, Hyderabad
3. The District Registrar of Assurances, Karimnagar
4. The Sub- Registrar, Gangadhar4 Karimnagar District
5. One CC to SRI. V SRIKANTHA RAO Advocate [OPUC]
6. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana. IOUT]
7. Two CD Copies
HIGH COIJRT MSK J \ DATED:04101/2023 :".:=t\ NGal:\ da C:'J C'c\ t:'
ORDEIT WP.No.275 of 2023 WRIT PETITION IS DISPOSED OF'WITIIOUT COSTS