G.Brahmananda Rao, v. The State Of Telangana, Rep.By Its Pri.Secretary,
THE HON'BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.42564 of 2015 ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for Revenue.
The petitioner is aggrieved by rejection of his representation under communication, dated 23.11.2015, Ex.P8, of the Joint Sub-Registrar-I, Prashanthi Nagar, Ranga Reddy District, the 3rd respondent. The petitioner had filed a Protest Petition objecting registration of the documents particularly, Document No.8349 of 2007 pending before the 3rd respondent and requested him and the SubRegistrar, Serilingampally, Ranga Reddy District, the 4th respondent, to stop registration by asserting that he is the owner of the land and unauthorised person should not be dealt with the said land by registering unauthorised document. The said request was rejected on the ground that the Registration Department cannot stop registration merely on the objections/letters of the third parties. The said communication is questioned in this Writ Petition.
After hearing learned counsel for the petitioner and learned Government Pleader for Revenue, I am unable to see any power of the registering authority to stop registration merely because there is an objection by a person claiming to be the owner of the land. The registering authority has to comply with the requirements of the Indian Stamp Act, 1899 and the Registration Act, 1908 and cannot take cognizance of the third party objections. Hence, I do not see any illegality in the impugned communication.
The Writ Petition is accordingly dismissed. There shall be no order as to costs.
Miscellaneous Petitions, if any, pending in this Writ Petition
shall stand closed.
___________________________ VILAS V.AFZULPURKAR, J 30.12.2015 KH