Saleem Khan v. The State Of Telangana And 2 Others
\ HIGH COURT FOR THE STATE OF TELANGANA '
AT HYDERABAD ,-.
(Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF FEBRUARY .- TWO THOUSAND AND TWENTY THREE PRESENT ./ TTIE HONOURABLE SRI JUSTICE MUMMINENI SUDHEERKUMA WRIT PETITION NO: 3307 OF 2023 -.
R Between:
Saleem Khan, S/o Suleman Khan, Occ. Business, R/o H.No.7-1-166, Mankammthota, Karimnagar.
...PETITIONER/ AND l. The State of Telangana, Rep by its Principal Secretary, Revenue, Registration and Stamps Department, Secretariat buildings, Hyderabad
2. The District Registrar of Assurances, Registration and Stamps Department Karimnagar Town and District Karimnagar, Telangana
3. The Sub Registrar, Gangadhara, Karimnagar District. RE,SPONDENTS 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 MANDAMUS declaring the action of the 3rd respondent in refusing to receive the document of the petitioner property admeasuring 400 sq. yards in Sy.No.
53 situated at Rekurthy, Karimnagar without assigning reasons, respectively as the same is illegal, arbitrary and without jurisdiction and also violative of principles of natural justice and consequently direct the 3rd respondent to receive the document presented by the petitioner for registration in respect ofthe aforesaid plot for the total extent or part thereof 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 3rd respondent forthwith to receive, register and release the document presented by the petitioner for registration in respect of the property ofthe petitioner admeasuring 400 sq. yards in Sy.No.
53 situated at Rekurthy, Karimnagar without assigning reasons, respectively, for the total extent or part thereof, Counsel for the Petitioner(s):SRl.
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.33O7 of 2o.23 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 stage of admission.
2.
This Writ Petition is Iiled seeking a writ of Mandamus to declare the action of respondent No.3 in refusing to receive, register and release the subject document presented by the petitioner for registration in respect of property admeasuring 400 square yards in Survey No.53 situated at Rekurthy, Karimnagar, without assigning any reasons, as arbitrary and illegal. 3.
l,earned 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 nonregistration of the properties in 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 short'the Act, 1908J and Rule 58 of the Telangana Rules made under the Act, 19O8, which read as foilows:
Sectlon 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 artd 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, without payment and unnecessary delay, give him a copy of the reasons so recorded.
(2) No registering ollicer 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. It forms no phrt of a Registering Ofhcer'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 arry of the grounds stated below:
a) that the parties appearing or about to appear before him are not the persons they profess to b€;
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 b..- coupled with the provisions of Section 71 of the Act, 1908 and
- ---- v Rule 58 of the Telangana Rules made under the Act, 19O8, 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 document 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 document registered.
Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
I SD/- MOHD. SANAULLAII ANSARI ASSISTANT REGISTRAR irrRUE COPYll SECTION OFFICER To,
1. The Principal Secretary, Revenuc, Registration and Stamps Departrnent' Secretariat buildings, HYderabad z. fne Olistrict Registrar of Assurances, Registmtion and Stamps Department Karimnagar Town and District Karimnagar, Telangana
3. The Sub Registrar, Gangadhara, Karimnagar District'
4. One CC to sRr. sArgisH REDDY SURUKANTI, Advocate [oPUC]
5. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the state of Telangana. [OUT]
6. Two CD CoPies
HIGH COURT MSK,J DATED:0710212023 fr q :lo r-) 2 [ ftB '/','':] -j'r '-
ORDER
WP.No.3307 of 2023 WP IS DISPOSED OF WITHOUT COSTS