M/S. Mennonite Brethern Property Association Of India (P) Ltd. v. The State Of Telangana

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION NO.1033 OF 2018 ORDER:

The petitioner is stated to be a company registered under the Companies Act, 1956 and it holds several properties spread over the States of Tamil Nadu, Andhra Pradesh and Telangana. They have properties in Nalgonda District also. While so, they wanted to dispose of agricultural land situated in Survey Nos.17, 18 and 738 of Devarakonda Mandal, Nalgonda District and accordingly, submitted a sale deed before the fourth respondent. But the fourth respondent refused to receive the same on the ground that he received instructions from the District Collector through the third respondent not to register the lands belonging to the Christian Organisations.

The fourth respondent cannot refuse to receive a document, which is properly complied with the formalities under the Registration Act, 1908 ("the Act" for brevity), unless the property covered by the said document is included in the prohibited list of properties under Section 22-A of the Act.

In the instant case, learned counsel for the petitioner submits that the property sought to be transferred is not included in the prohibited list of properties. The fourth respondent cannot act on the letter issued by the revenue authorities. In the circumstances, this Writ Petition is disposed of directing the fourth respondent to receive the document submitted by the petitioner provided with compliance of all the requirements under the Registration Act and process it for registration. If the fourth respondent feels that the document cannot be registered for

any reason, he shall make an endorsement under Section 71 of the Act and communicate the same to the parties. There shall be no order as to costs. Miscellaneous petitions, if any, pending shall stand closed.

________________________________ (A.RAMALINGESWARA RAO, J) 24th January 2018 RRB