High Court for State of TelanganaWP/2497/2018disposed of no costs

S. Kumara Swamy v. The State Of Telangana,

2018-01-30A Ramalingeswara Rao2 pages

THE HON'BLE SRI JUSTI CE A.RAMALI NGESWARA RAO Writ Petition No.2497 of 2018 Order:

Heard learned counsel for the petitioner and learned Government Pleader for the respondents.

The petitioner states that the land in Survey Nos.111, 134 to 139, 146/A/1, 148 to 158, 159/A, 161, 162, 165, 166, 171, 178 to 180, 181/A, 183 and 189 to 191, admeasuring Ac.460.00, situated at Vattinagulapalli village, Gandipet Mandal, Ranga Reddy District, was purchased by one Y. Chinna Subba Rao under a registered sale deed dated 27.12.1983. He divided the said land into various plots by obtaining necessary approval from the Gram Panchayat. The said Y. Chinna Subba Rao died on 14.08.2004 and his legal heirs executed a Special Power of Attorney in favour of the petitioner in respect of Plots bearing Nos.477 and 478, admeasuring 1000 Sq. yards, vide registered document dated 17.08.2016. When the petitioner wants to sell the above said plots and presented the document for registration, the fourth respondent refused to receive the same without assigning any reasons. Challenging the same, he 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 fourth respondent has no alternative except to receive the said document and he cannot refuse to receive the document.

In the circumstances, the writ petition is disposed of directing the fourth respondent to receive the document, if any, presented by the petitioner and take action in accordance with the provisions of the Registration Act. If the fourth respondent cannot register the said

document for any reason, he has 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: 30.01.2018 Nsr