Mirza Munawar Baig v. State Of T.S.

THE HON'BLE SRI JUSTI CE A.RAMALI NGESWARA RAO Writ Petition No.7214 of 2018 Order:

Heard learned counsel for the petitioners and the learned Government Pleader appearing for the respondents. The petitioners state that they are owners and possessors of land of an extent of Ac.5-34 gts., situated in Survey No.172 of Hydernagar village, Kukatpally Mandal, Medchal-Malkajgiri District. The mutation proceedings were also issued in their favour on 16.04.2012 by the then Deputy Collector and Tahsildar, Balanagar Mandal. While so, the Joint Collector, Ranga Reddy District, had taken up suo motu revision and set aside the mutation proceedings by an order dated 15.09.2016. Before setting aside the mutation proceedings, the petitioners entered into oral partition deeds dividing the subject land. Now, the petitioners intend to sell the subject land and approached the third respondent and when the third respondent refused to register the same without assigning any reasons, the present Writ Petition is filed.

It is needless to observe that when a properly drafted document is presented for registration complying with all formalities, the third respondent has no alternative except to receive the said document and he cannot refuse to receive the document.

In the circumstances, the Writ Petition is disposed of directing the third respondent to receive the document, if any, presented by the petitioners and take action in accordance with the provisions of the Registration Act. If the third respondent cannot register the said document for any reason, he has 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: 06.03.2018 Nsr