Nunavath Rajitha v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI JUSTICE A. ABHISHEK REDDY WRIT PETITION NO: 21996 OF 2022 Between:

Nunavath Rajitha, W/o.Bhukya Mohan Babu, Aged about 32 years, Occ. Housewife, R/o.H.No.5-47, Garjanapally Village, Yellareddypet Mandal, Karimnagar District. ...PETITIONER AND

1. The State of Telangana, Rep. by its Principal Secretary, Revenue (Registration and Stamps) Department, Secretariat Buildings, Hyderabad.

2. The District Registrar of Assurances, Registration and Stamp, Department, Karimnagar Town and District.

3. The Sub Registrar, Gangadhara, Karimnagar District. ...RESPONDENTS Petition under Article 226 o'( the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of Writ of MANDAMUS by declaring the action of the 3rd respondent in refusing to receive the document presented by the petitioner for registration in respect of residential house site admeasuring 451.00 sq. yards or 378.84 sq. meters in Sy.No.127 situated at Rekurthy Village and Gram Panchayat, Kothapally Mandal, Karimnagar District without assigning any reason as being illegal, arbitrary and without jurisdiction and consequently direct the 3rd respondent to receive the documents presented by the petitioner for registration in respect of residential house site admeasuring 451.00 sq. yards or 378.84 sq. meters in Sy.No.'127 situated at Rekurthy Village and Gram Panchayat, Kothapally Mandal, Karimnagar District.

,< , lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the pelition, the High Court may be pleased to direct the 3rd respondent to receive forthwith and register the document presented for registration by the petitioner in respect of residential house site admeasuring 45'1 .00 sq. yards or 378.84 sq. meters in Sy.No.127 situated at Rekurthy Village and Gram Panchayat, Kothapally Mandal, Karimnagar District, pending disposal of the writ petition.

Counsel for the Petitioner : SRl. RAVINDER REDDY SINGI REDDY Counsel for the Respondent No. 'l to 3 : GP FOR STAMPS AND REGISTRATION The Court made the following : ORDER

THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITIO N No.21996 of2022 ORDER:

Heard both sides and perused the material on record' I\ 2.

It is submitted by the learned counsel on either side that subject matter of this writ petition is squareiy covered by the common order passed by this Court in W'P'No'44223 of 2018 and batch, dated 22.03.2022, as such, this writ petition may be disposed of in terms thereof.

3.

Therefore, following the common order dated 22'03 2022 ' in W.P.No.44 223 of 2018 and batch, in terms thereof, this writ petition is disposed of as under without any order as to costs: *As per Rule - 58 of the Rules, it is relevant to note that the Registering Authorities have no right to enquire about the validity of a document. It is also relevant to Ilote that mere registration of a document will not entitle the petitioner to claim right over the subject property as lt ls only conveyance of property and it will not create any right. The Registering Authority is directed to receive the documents produced by the petitioner and complete the registration formalities, if the same are otherwise in order' If the Registering Authority refuses to register the documents, he/ she has to specifically assign reasons in terms of Section - 71 o[ the Act, 1908."

As a sequel thereto, miscellaneous petitrons, if any, pending in the writ petition shall stand closed SD/.N.CHANDRA SEKHAR RAO ASSISTANT REGISTRAR t t-'

SECIION OFFICER //TRUE COPY// To,

1. The Principal Secretary, Revenue (Registration and Stamps) Department, STATE OF TELANGANA, Secretariat Buildings, Hyderabad.

2. The District Registrar of Assurances, Registration and Stamps Department, Karimnagar Town and District.

3. The Sub Registrar, Gangadhara, Karimnagar District.

4. One CC to SRl. RAVINDER REDDY SINGI REDDY, Advocate IOPUC]

5. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana at Hyderabad. [OUT]

6. Two CD Copies.

7. One Spare Copy.

k ANV NPJ

.t HIGH COURT DATED | 28104t2022 ( BE $TA 7 4 l$i 7l?7 .^ l{d \(i

ORDER

* WP.No. 21996 of 2022 DISPOSING OF.THE WRIT PETITION WITHOUT COSTS.

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