Khaja Arhaan Ahmed v. The State Of Telangana

[32s5 I HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAI) (Special Original Jurisdiction) WEDNESDAY, THE EIGHTH DAY OF FEBRUARY TWO TITOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 3525 OF 2023 Iletlv een:

l. Khaja Arhaan Ahmed, S/o. Khaja Inkeshafuddin Ahmed, Occupation. Business, R/o. H.No.5-6l176lA/1 Amity Park Sec-III, Ootpally, Shamshabad, Ranga Reddy District.

2. Qureishy Nisar Ahamed,, S/o. Late Qureishy Kareem Basha, Occ. Business, R/o. H.No. 16-13-2, Teppukhan Street, Hindupur, Anantapur District, Andhra Pradesh 51520t.

...PETITIONBR ANI) l. The State ofTelangana, Rep.by its Principal Secretary Department ofRevenue (Stamps and Registration), Secretaria! Hyderabad.

2. The District Registrar, Karimnagar District, Karimnagar

3. 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 appropriate Writ, order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the respondents more particularly the 3 respondent in not receiving and rectification the documents of sale deeds in favour of petitioners by including Sy.No.l53 situated at Rekurty Village, Kothapally Mandal, Karimnagar District in respect of the House bearing Nos, (a) 4-561111211/llA1, to an extent of 412.61 sq. yards, (b) 4-56lll/21112/Nl, to an extent of 412.61 sq. yards, (c) 45611112/l l3lA/1, to an extent of 412.61 sq. yards, (d) 4-56111/2lll4lAll , to an extent of 412.61 sq.

yards and (e) 4-56/1112/l/5/Nl, to an extent of 412.61 sq. yards respectively situated at Rekurty Village, Kothapally Mandal, Karimnagar District., admeasuring total an extent of 2,064 Sq. yards, by the virtue of registered Sale deeds vide documents No. 532712022, No. 532812022, No.532912022, No.533012022, No.533112022 dated 06-092022 presented by the petitioners herein without there being any orders prohibiting the registration as arbitrary, illegal, capricious and violative of Article 300-A of the Constitution of India and consequently direct the respondents to receive and rectification of sale deeds of the above schedule properties by including Sy.No.

NO: I OF 2023 Petition under Sectron 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 respondents to receive and rectification of registered sale deeds vide documents No. 532712022, No. 53281202)., No.5329/2022. No.5330/2022, No.533l/2022 dated 06-092022 by including Sy.No.l53 situated at Rekurty Village, Kothapally Mandal, Karimnagar District in the said sale deeds.

Counsel for the Petitioner(s):SRl. M/S AHMED LAW FIRM Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER

THE HON,BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.3525 of 2o.23 ORDER:

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission. 2.

Aggrieved by the action of respondent No.3 in refusing to. receive, register and release the documents submitted by the petitioners for registration in respect of Houses bearing Nos.4-56l ll l2lI ll lAll to an extent of 412.61 sq. yards, 4-561 ll l2ll l2lAl1 to an extent of 412.61 sq. yards, 4-56llll2lll3lAll to an extent of 4L2.61 sq. yards, 4-56lll/2ll14lLll to an extent of 4L2.61 sq. yards and 4-56llll2lll5lAll to an extent of 412.61 sq. yards, respectively, totally admeasuring 2,064 sq. yards, in Survey No. 153, by virtue of registered sale deeds vide document Nos.5327 of 2022,5328 o.f 2022, 5329 of 2022, 533O of 2022 and 5331 of 2022, dated 06.09.2022, situated at Rekurthy Village, Kothapally Mandal, Karimnagar District, the present writ pecition.

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3.

The Assistant Government Pleader has stated that the respondents will follow the procedure contemplated under Section 7 1 of the Registration Act, 1908 (for short, 'the Act, 19081 Section 7 1 of the Act reads as follows:

Reasons for refusal to register to be recorded.-

(1) Every Sub-Registrar refusing to register a document, except on the lpound that the property to which it relates is not situated within his sub-district shall make an order of refusal:ind recorded his reasons for such order in his Book No.2, a:rd endorse the words 'registration refused" on the document; and, on application made by any person executing or claiming under the document, shall, without payment arrd unnecessary 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.

4.

In view of the above made submissions coupled with the provision under Section 71 of tine Act, 1908, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioners complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the document presented before him, if he has any objection. by duly assigning reasons in support of such decision and communicate-*the said decision to the petitioners. It is made clear that this Court has not expressed any opinion

J on merits of the case as to the entitlement of the petitioners to get the subject document registered.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

I \ SD/. B. CHANDRA PRAKASH ASSISTANT R.EGISTRAR //TITUE COPYII SECTION OFFICER To,

1. The Principal Secretary Department of Revenue (Stamps and Regisration), Secretariat, State of Telangan4 Hyderabad.

2. The District Registrar, Karimnagar District, Karimnagar

3. The Sub-Registrar, Gangadhara, Karimnagar District.

4. One CC to SRI. M/S AHMED LAW FIRM, Advocate [OPUC]

5. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana at Hyderabad. [OUT]

6. Two CD Copies

HIGH COI]RT MSK,J DATED:0810212023 j'

i lr ge 9-rAT€ L.1 t4 ttBNn t\ --:)

ORDER

WP.No.3525 of 2023 WP IS DISPOSED OF WITHOUT COSTS