B. Ravinder Reddy v. The State Of Telangana
[ 3256 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD ,/ (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO:4446 OF 2023 Between:
B. Ravinder Reddy, S/o B. Sathi Reddy, R/o Plot No.700, 1"t Floor, Vasanth Nagar, Kukatpally, Hyderabad.
...PETITIONER AND
1. The State of Telangana, rep. By its Secretary, Stamps and Registration Department, Secretariat, Hyderabad.
2. The District Registrar, Ranga Reddy Diskict.
3. The Joint Sub-Registrar, Ranga Reddy District.
4. The District Collector, Ranga Reddy District. a ...RESPONDENTS Petition under Article 226 o'f lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not registering the Mortgage Deed/Mortgage AffidaviUSale Deed submitted by the petitioner for registration with regard to the Mortgage area admeasuring 40.90 Sq. Mtrs., in First Floor bearing open Plot Bearing No.19. admeasuring 266.66 sq. yards in Sy.Nos.44l3/1 and 4412 (Old No.'1 16) situated at Maqtha Mahaboobpet village, Serilingampally Mandal, under GHMC Serilingampally Circle, R.R.
District, as highly illegal, arbitrary and consequently direct the 3rd respondent to receive, register and release the Mortgage Deed/Mortgage AffidaviUSale Deed submitted by the petitioner for registration with regard to the Mortgage area admeasuring 40.90 Sq. Mtrs., in First Floor bearing open Plot Bearing No.l9. admeasuring 266.66 sq. yards in Sy.Nos.44l3/1 and 4412 (OId No.116) situated at Maqtha Mahaboobpet village, Serilingampally Mandal, under GHMC Serilingampally Circle, R.R.District, without reference to the notification of the District Collector dt.
lA NO: 'f 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 to receive, register and release the Mortgage Deed/Mortgage AffidaviUSale Deed submitted by the petitioner for registration with regard to the
Mortgage area admeasuring 40.90 Sq. Mtrs., in First Floor bearing open Plot Bearing No.19. admeasuring 266.66 sq. yards in Sy.Nos.44l311 and 4412 (Old No.116) situated at Maqtha Mahaboobpet village, Serilingampally Mandal, under GHMC Serilingampally Circle, R.R.District, without reference to the notification of the District Collector dt.26-09-201 3;
Counsel for the Petitioner: SRl. N M KRISHNAIAH Counsel for the Respondent Nos 1 to 4: GP FOR REVENUE The Court made the following: ORDER
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.4446 of 2o23 ORDER:
Heard learned counsel for the petitioner and learned 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.
This Writ Petition is filed seeking to declare the action of the respondents in not registering the Mortgage deed/Mortgage aflidavit/ sale deed submitted by the petitioner for registration with regard to mortgage area admeasuring 40.90 square meters in First Floor bearing open plot bearing No. 19, admeasuring 266.66 square yards in survey Nos.44l3/ I and 44 12 (Old No.116) situated at Maqtha Mahaboobpet Village, Serilingampally Mandal, under GHMC Serilingampally Circle, Ranga Reddy District, as arbitrary and illegal.
3.
l,earned counsel for the petitioner contended that on earlier occasions, this Court in Writ Petition No. 17050 of 2019, dated 09.O8.2O19, and Writ Petition No.23O1 of 2O2O, dated 05.O2.2O2O, has passed orders directing registration of the documents presented/ pending before the authorities; and the subject plot in the present writ petition also pertains to the very same survey number.
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4.
The above position is not disputed by iearned Government Pleader for Stamps and Registration appearing for the respondents. He, however, submitted that the land situated in Survey No.44 l4 admeasuring Acs.2B-02.5 guntas and land situated in Survey No.1 19, admeasuring Acs.12.3O guntas are classified as Government Lands; and that Writ Appeal No.1499 of 20 19 was preferred against the order passed in Writ Petition No.23574 of 2014, and Writ Appeal No.866 of 2019 was preferred against the order passed in Writ Petition No.30395 of 2018, and the same are pending before this Court.
5.
Having considered the submissions made on either side and taking into consideration the District Gazette notification issued by the 2.d respondent herein, dated 26.09.2O13, purportedly issued in exercise of power under Section 22-A of the Indian Registration Act, 1908, on the face of it, the said Gazette notification is without jurisdiction since any notification issued under Section 22-A of the Indian Registration Act, 19OB is required to be issued by the Government. Though the writ appeals said to have been preferred by the Government are pending consideration, it is not the case of the learned Assistant Government Pleader that any interim orders are passed in the Writ Appeals.
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6.
Taking into consideration the fact that this Court on earlier occaslon passed orders in W.P.No.37706 of 2021, dated 06.01.2022, under similar circumstances, this Court is inclined to dispose of the Writ Petition on the same lines. 7 .
The learned Government Pleader has stated that the official respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act). Section 71 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 ground that the property to which it relates is not situated within his sub-district shall make an order of refusal and 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 €rny person executing or claiming under the document, shal1, without pa5rment ald unnecessary delay, give him a copy of t1le reasons so recorded.
(2) No registering ollicer shall accept for registration a document so endorsed unless and until, under t1le provisions hereinafter contained, the document is I I directed to be registered.
iit8.
In view of the submissions made above coupled with the provision under Section 71 of the Act, 1908 the Writ Petition is disposed of directing the Registering Authority to receive and \
process the subject document without reference to the Gazette Notification dated 26.O9.2013, subject to the petitioner 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 assigrring reasons in support of such decision and communicate the said decision to the petitioner. 9.
It is also made clear that this order does not preclude the Government/ District Collector to take appropriate steps as warranted by law and to assert its title.
If any proceedings/ suit/appeal is pending between the executant of the document/ Government or any other interested party, the registration of the document will be subject to the result of that proceedings/ suit/ appeal. There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
\ SD/- MOHD. SANAULLAH ANSARI ASSISTANT REGISTRAR //TRUE COPY// a SECTION OFFICER
1. The Secretary, Stamps and Registration Department, Secretariat' State of Telangana, Hyderabad.
2. The D-istrici Ragistrar, Ranga Reddy Districl .
3. The Joint Sub-Registrar. Ranga Reddy District.
4. The District Collector, Ranga Reddy Diskict.
5. One CC to SRl. N M KRISHNAIAH Advocate [OPUC]
6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana, Hyderabad. [OUTI
7. Two CD Copies
HIGH COURT l I MSK, J DATED: 1610212023
ORDER
WP.No.4446 of 2023 1l\c STAI-I: c,,(- t Jto $ B ii!f' ?li] WP IS DISPOSED OF WITHOUT GOSTS ..-r 'i.