Nukala Sanjeeva Reddy v. The State Of Telangana, Rep. By Its Principal Secretary,

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.23239 of 2015 BETWEEN Nukala Sanjeeva Reddy.

... PETITIONER AND The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others.

...RESPONDENTS DATE OF JUDGMENT PRONOUNCED: 03.08.2015 SUBMITTED FOR APPROVAL:

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR 1.

Whether Reporters of Local newspapers may be allowed to see the Judgments?

No 2.

Whether the copies of judgment may be marked to Law Reporters/Journals?

No

3.

Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?

No ORDER:

Petitioner seeks a Mandamus to declare the action of respondents 3 to 5 in not passing orders on his representation dated 23.02.2015 and also seeks a direction to the fifth respondent to receive and register the sale deed to be executed by him with respect to private patta land in an extent of Ac.01.16 guntas in Sy.No.256; Ac.0.32 guntas in Sy.No.257; Ac.01.20 guntas in Sy.No.259/1; Ac.01.20 guntas in Sy.No.257/1; Ac.01.38 guntas in Sy.No.260 and Ac.0.19 guntas in Sy.No.261/1 situated at Gummadur Village, Mahaboobabad Mandal, Warangal District and an extent of Ac.03.32 guntas in Sy.No.181/E; Ac.0.20 guntas in Sy.No.181/F; an extent of Ac.01.20 guntas in Sy.No.181/F1; Ac.01.00 guntas in Sy.No.181/G; Ac.0.08 guntas in Sy.No.181/H and an extent of Ac.07.01 guntas in Sy.Nos.183 and 184 at Anantaram village, Mahaboobabad Mandal, Warangal District and other house properties.

2. The relief sought for by the petitioner with respect to his representation dated 23.02.2015 before the District collector is hardly of any relevance, since it is the Sub-Registrar, fifth respondent, who has to examine the document presented and pass appropriate orders. Hence, the petitioner is at liberty to present the document, as directed by this Court in similar matters.

3. Since the registering authority cannot refuse to receive the document and process the

same even before presentation, the fifth respondent is directed to receive and process the document to be presented by the petitioner. The fifth respondent is further directed to receive and process the document in accordance with the Registration Act, 1908 and Indian Stamp Act, 1899 and if the document is in conformity with the provisions of the aforesaid enactments, thereafter, register and release the document in accordance with the due procedure. It is also made clear that in the event of the fifth respondent not being satisfied with the compliance under the Registration Act or the Stamp Act, appropriate refusal endorsement together with reasons shall be recorded and communicated to the petitioner in terms of Section 71 of the Registration Act. The writ petition is disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. ______________________ VILAS V. AFZULPURKAR, J August 3, 2015 DSK