K.Prasanth v. The State Of Telangana

THE HON'BLE SRI JUSTICE P. NAVEEN RAO Dated:17.04.2018 Between:

K.Prasanth, S/o.Satyanarayana, Aged 35 years, R/o. H.No.1-12/4/17/A, Nagubandi Rama Murthy Nagar, Kodad Town & Mandal, Suryapet District ... Petitioner And State of Telangana, rep. by its Principal Secretary, Registration Department, Secretariat Buildings, Hyderabad and others.

... Respondents The Court made the following:

THE HON'BLE SRI JUSTICE P.NAVEEN RAO ORDER:

Petitioner claims that deed of conveyance of land to an extent of Acres 0.141⁄2 guntas in Survey No.55/4 of Kodad Village and Mandal, was presented for registration before the Sub-Registrar, Kodad on 12.02.2016, which was assigned pending document No.7 of 2016, but so far the document is not registered and released. According to the learned counsel, no reasons are assigned as to why the document is kept pending for registration.

2.

On 22.03.2018, Government Pleader sought adjournment for obtaining instructions. On 09.04.2018, when the matter was listed, Government Pleader again sought for adjournment to obtain instructions. Today also, when the matter is taken up, Government Pleader expressed inability to assist the Court as the Sub-Registrar, Kodada, failed to furnish instructions in spite of request made. 3.

Thus, there is no material to place on record to show why the document is kept pending for more than two years. The Registering Authority cannot keep the document pending for such a long time. He has to process and register document, if it is otherwise in order or if he refuses to register, assign reasons and furnish the refusal order to enable the party to work out the remedies as available in law.

Thus action of the Sub-Registrar - 3rd respondent is wholly illegal. His action of not responding to the request of the office of the Government Pleader also amounts to carelessness and in failing to discharge his duties properly and in assisting the Government Pleader in placing the relevant facts before the Court.

4.

The Sub-Registrar - 3rd respondent is therefore directed to process the pending document No.7 of 2016 and shall register and release the document if it is otherwise in order. If the document cannot be registered, he shall assign due reasons in support of the decision and communicate the same.

Decision shall be taken and appropriate communication be furnished to the petitioner within a period of three weeks from the date of receipt of copy of the order. 5.

District Registrar of Assurances, Nalgonda, shall look into the issue of not furnishing instructions to the Government Pleader's office in spite of request made by the Government Pleader and shall report to the Commissioner and Inspector General of Registration and Stamps, for taking further action.

6.

Accordingly and with the above directions, this writ petition is disposed of. Miscellaneous petitions pending consideration, if any, in this case shall stand closed in consequence. No order as to costs.

___________________ P.NAVEEN RAO, J 17.04.2018 SS

THE HON'BLE SRI JUSTICE P. NAVEEN RAO 17th APRIL, 2018 SS