Smt. Yaramreddy Nirmala Mary v. The State Of Telangana

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.7987 OF 2019 DATED :17.04.2019 Between :

Smt Yaramreddy Nirmala Mary, W/o.Dr.Yaramrerddy Leona Reddy, Aged 43 yrs, Occu : Housewife, R/o.H.No.12-13-761, Street No.1, Kimtee Colony, Tarnaka, Secunderabad ..

Petitioner And The State of Telangana, Rep., by its Principal Secretary, Registration and Stamps, Secretariat Building, Hyderabad, Revenue Department & others.

.. Respondents This court made the following :

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.7987 OF 2019 ORDER :

Heard learned counsel for petitioner and learned Government Pleader for Revenue for respondents 1 to 3. 2.

The grievance of the petitioner is that the Sub-Registrar, Medchal-Malkajgiri District at Medchal, the third respondent herein, is not registering the sale deeds presented by her in relation to plot No.71 admeasuring 266.66 Square yards in Survey Nos.5, 6, 7, 10, 10/1, 11/1, 12/1, 12/42 and 13/2, of Radhakrishnapuram, Ammuguda, Kapra, under GHMC Kapra circle, Malkajgiri Mandal, Medchal-Malkajgiri District. 3.

Learned counsel for the petitioner submits that in similar circumstances in W.P.No.3640 of 2019, this Court passed the following order :

"Perusal of the order dated 09.03.2018 passed in C.R.P.No.4816 of 2014 demonstrates that the petitioners are not parties to the said litigation and the direction therein was limited to the parties in that case only. The said order would therefore have no impact upon the Sub-Registrar dealing with the subject documents presented by the petitioners. So far as the status of the land covered by these documents is concerned, it is for the Sub-Registrar to examine the issue and take a decision. In any event, it is not open to the Sub-Registrar to sleep over the matter indefinitely.

If he finds the documents to be in order and in compliance with the requirements of the Registration Act, 1908 (for brevity, 'the Act of 1908') and the Indian Stamp Act, 1899, he would necessarily have to complete the registration formalities and release the documents, If, on the other hand, he finds any grounds to deny registration, he would have to exercise his power under Section 71 of the Act of 1908 and pass a reasoned order of refusal under Section 76 of the Act of 1908.

- 3 - Registrar, Medchal-Malkajgiri District at Malkajgiri, expeditiously and in any event, not later than two weeks from the date of receipt of a copy of this order, be it from whatever source."

4.

Having regard to the earlier orders of this Court, this Writ Petition is also disposed of in terms thereof. Pending miscellaneous petitions, if any, shall stand closed. ___________________ P. NAVEEN RAO, J 17th April, 2019 Rds