Premalatha Sharma v. State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) THURSDAY ,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY PRESENT THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION NO: 10892 OF 2020 Between:
Premalatha Sharma, W/o.Sri Ramesh Kumar aged about 67 years, Occ.Housewife, R/o.H.No.4-1-1 23619,Flat No.303, Glendale Residency, King Koti, Hyderabad. ...PETITIONER AND
1. State of Telangana, rep. by its Principal Secretary, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad.
2. The District Registrar, Stamps and Registration Department Ranga Reddy District.
3. The Sub Registrar, Stamps and Registration Department SRO, Shamshabad, ...RESPONDENTS Petition under Article 226 ol the 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 lt/andamus declaring the action of the respondents more particularly the 3rd respondent in refusing to register the documents presented by the petitioners in respect of land bearing plot no.377, admeasuring 200 sq. yards, under sy.nos.19/20, 19122, 19123, 19125, 19126 and,19148, situated at Lakshmi [t4eridian City, Ammapally Village, Shamshabad trrlanda/,Ranga Reddy District, on the ground of issuance of the Notification dated.26.09.
2013 issued by the District Collector, Ranga Reddy District, as illegal, arbitrary, unjust, unconstitutional, violation of principles of natural justice and also contrary to the provisions of Registration Act, 1908, and consequently direct the respondents 2 and 3 to register and release the documents presented by the petitioner in respect of subject land without reference to the Notification dated.26.09.2013 issued by the District Collector, Ranga Reddy District.S lA NO: 1 OF 2020 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 respondents 2 and 3 to receive, register and release the documents presented by the petitioner in respect of land bearing plot no.377, admeasuring 200 sq. yards, under sy,nos.
19120, 19122, 19123, 19125, 19126 and 19/48, situated at Lakshmi Merrdian City. Ammapally Village, Shamshahad Mandal, Ranga Reddy District, without reference to the Notification dated. 26.09.2013 issued by the District Collector, Ranga Reddy District, pending disposal of the writ petition. Counsel for the Petitioner : SRI MOHD.
THE HON'BLE SRI JUSTICE A,ABHISHEK REDDY IVRIT PETITION No. lOa92 of 2O2O ORDER:
Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue for respondents. With their consent, the Writ Petition is disposed of at the stage of admission. The main grievance of the petitioner is that the respondent No.3 is refusing to receive, register and release the document presented by the petitioner for registration in respect of the land bearing Plot No.377, admeasuring 200 Sq.Yards, in survey Nos.19/20, ),9 122, 19/23, 19 125, t9 126 and 19/48 situated at Lakshmi Meridian City, Ammapally Vi11age, Shamshabad Mandal, The learned counsel for the petitioner has submitted that on earlier occasions, this Court in W.P.No. 17050 of 2019, dated 09.08.2019, W.P.No.2301 of 2O2O, dt.O5.O2.2O2O, W.P.No.5912 of 2O2O, dated 2O.O4.2O2O, has passed orders directing registration of the documents presented/ pending before the authorities; the subject land in the present writ petition also pertains to the very same survey numbers.
The above position is not disputed by the learned Government Pleader and he fairly conceded for passing similar order in this writ petition and stated that the official respondents will follow the procedure contemplated under Section 71 ol the Registration Act, 1908.
Section 7 1 of the Registration Act, 1908 (for short 'the Act) reads as follows:
Reasons for refusa-l 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 sha-ll 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; ald, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.
(2) No registering ofhcer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.
In view of the above submissions made by both the parties coupled with the provision of Section 71 of the Registration Act, 1908, the Writ Petition is disposed of directing the Registering Authority to receive and process the subject document, without relerence to the District Gazette Notification dated 26.09.2013, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1 899. I t will be open to the Registering Authority to refuse/receive the document presented before him, if he has any other objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner. It is made clear that mere registration of document does not confer title to the property.
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 are 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.
The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs SD/.B.SATYAVATHI ASSISTANT REGISTRAR (1 t-''& - SECTION OFFICER To, 1.
,TRUE COPY// The Principal Secretary, Revenue (Stamps and Registration) Depadment, State of T6langana, Secretariat, Hyderabad.
The District Rdgistrar, Stamps and Registration Department Ranga Reddy District.
it'l" SuO Registrar, Stamps and Registration Department SRO, Shamshabad, O"."CC to Sii tUonO. Moin Ahmed Quadri, Advocate [OPUC] i*o CC. to Cp for Revenue, High Court for the State of Telangana 2.
3.
at Hyderabad. [OUTI Two CD CoPies o SM
HIGH COURT DATED:2310712020
ORDER
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WP.No.10892 of 2020 \ {'
DISPOSING OF THE WP WITHOUT COSTS