Mohammed Ghazi Mohiuddin v. The State Of Telangana

THE HON'BLE SRI JUSTI CE A.RAMALI NGESWARA RAO Writ Petition No.4948 of 2018 Order:

The petitioner states that originally one Panasa Tirupatamma was the owner of the open land admeasuring 245 sq. yards, situated in Survey No.37 of Ashoknagar locality of Karimnagar Town, by virtue of a decree dated 20.06.1990 passed in O.S.No.986 of 1990 by the learned Principal District Munsif, Karimnagar. Thereafter, after obtaining permission from Karimnagar Municipality on 04.10.1991, she constructed RCC roofed house. The said house was assigned with house No.6-1-312/1 and her name was recorded as owner in the municipal records. Subsequently, the house number was changed to 6-1-423. The said Tirupatamma sold the said house to one N. Rajaiah under a registered sale deed dated 18.05.2004. The petitioner purchased the said property from N. Rajaiah under a registered sale deed dated 03.07.2007 and his name was mutated in the municipal records. The petitioner intends to sell the said house to some third party and presented the document for registration before the respondents 3 and 4. When they refused to receive and register 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 respondents 3 and 4 have no alternative except to receive the said document and they cannot refuse to receive the document.

In the circumstances, the writ petition is disposed of directing the respondents 3 and 4 to receive the document, if any, presented by the petitioner and take action in accordance with the provisions of the Registration Act. If the respondents 3 and 4 cannot register the said

document for any reason, they have 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: 16.02.2018 Nsr