Shaik Salam Bin Abdullah v. The State Of Telangana

THE HON'BLE SRI JUSTI CE A.RAMALI NGESWARA RAO Writ Petition No.6026 of 2018 Order:

The petitioners state that the first petitioner is the absolute owner and possessor of the property admeasuring Ac.4-22 gts., situated in Survey No.124 of Khadeerabad, Mangalpally village, Ibrahimpatnam mandal, Shamshabad District (erstwhile Ranga Reddy District), having purchased the same under a registered sale deed dated 03.11.2016 executed by its owner and possessor Nawab Mohammed Fareeduddin Khan, who had acquired the same by virtue of the registered final decree passed by this Court in his favour vide orders dated 07.06.2013 in Application No.422 of 2013 in C.S. No.14 of 1958. The first petitioner intends to sell an extent of Ac.1-00 gts., out of Ac.4-22 gts., in the said survey number to the second petitioner and they approached the fourth respondent for registration of the document. When the fourth respondent refused to register the same without assigning any reasons, they filed the present Writ Petition.

It is needless to observe that when a properly drafted document is presented for registration complying with all formalities, the respondents 3 and 4 have no alternative except to receive the said document and they cannot refuse to receive the document.

In the circumstances, the writ petition is disposed of directing the respondents 3 and 4 to receive the document, if any, presented by the petitioners and take action in accordance with the provisions of the Registration Act. If the respondents 3 and 4 cannot register the said document for any reason, they have to make an endorsement to that

effect and pass an order in accordance with Section 71 of the Registration Act.

The writ petition is accordingly disposed of. Consequently, miscellaneous petitions, if any pending, in this writ petition, shall stand closed. There shall be no order as to costs.

________________________ A. RAMALI NGESWARA RAO, J Date: 23.02.2018 Nsr