Mohd. Omer Farooqui , Anwar v. The State Of Telangana

THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.4019 of 2019 ORDER:

In the light of the order proposed to be passed by this Court without going into the merits of the matter, it would not be necessary to put the unofficial respondents on notice or afford them an opportunity of hearing.

The petitioners allege commission of offences under the Registration Act, 1908 (for short, 'the Act of 1908'). They made a representation in this regard on 28.01.2019 to the District Registrar, Nampally, Hyderabad. Complaining of inaction on his part, the petitioners are before this Court.

Part XIV of the Act of 1908 deals with penalties. Section 83(1) therein provides that prosecution for any offence under the Act of 1908 coming to the knowledge of a Registering Officer in his official capacity may be commenced by or with the permission of the Inspector General, the Registrar or the Sub-Registrar, in whose territories, district or sub-district, as the case may be, the offence has been committed.

As the provision merely requires commission of the offence, if any, being brought to the knowledge of a Registering Officer in his official capacity, it is not open to the authorities of the Registration Department to sleep over the complaint made by the petitioners on 28.01.2019. It is for the registration authorities concerned to apply their mind to the said representation and take necessary action

SK, J WP.No.4019 of 2019 Dt:27.02.2019 thereon, as warranted by law, in accordance with the due procedure.

The writ petition is accordingly disposed of directing the Commissioner and Inspector General, Registration & Stamps, Hyderabad, to consider the petitioners' representation dated 28.01.2019 and to take appropriate action thereon in terms of Section 83 of the Act of 1908. This exercise shall be completed expeditiously and in any event, not later than eight weeks from the date of receipt of a copy of this order, be it from whatever source. Pending miscellaneous petitions, if any, shall stand closed in the light of this final order. No order as to costs. _________________________ JUSTICE SANJAY KUMAR 27th February, 2019 dr