Vengala Jagannatham And 4 Others v. The State Of Tenlangana And 2 Others
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTYTWO PRESENT THE HONOURABLE SRIJUSTICE N.V,SHRAVAN KUMAR WRIT PETITION NO:25693 OF 2022 Between:
1. Vengala Jagannatham, S/o Late Laxminarayana, Aged about 66 years, Occ. Rtd. Govt. Employee, All are Rl/o H.No. 9-34, Elagandula Village, Karimnagar l/andal and District.
2. Vengala Vittal, S/o Late Laxminarayana, Aged about 63 years, occ. Retd. Govt. Employee, All are Rl/o H.No. 9-34, Elagandula Village, Karimnagar Mandal and District.
3. Vengala- Krishnahari, S/o Late Laxminarayana, Age 50 years, Occ. Pvt. Employee, All are Rl/o H.No. 9-34, Elagandula Village, Karimnagar Mandal and District.
4. Gali Bhoomanna, S/o Veeramallaiah, Aged about 74 years, Occ. Retd. Govt. Employee, All are Fl/o H.No. 9-34, Elagandula Village, Karimnagar Mandal and District.
5. Smt.Vengala Sumathi, Wo Late. Bhoomaiah, Aged about 55 years, Occ. Housewife, All are Rl/o H.No. 9-34, Elagandula Village, Karimnagar lvlandal and District.
Rep. by their G.P.A Holder Gali Sarojini Wo Bhoomaiah, Aged about 71 years, occ. Huosewife, R/o 1-52, Padmanagar, Karimangar Town and District. ,..PETITIONERS AND
1. The State of Tenlangana, Stamps and Registration Department, Rep by its Principal Secretary, Secretariat, Hyderabad.
2. The District Registrar, Stamps and Registration Department, Karimnagar, Karimnagar District.
3. The Joint Sub Registrar,, Stamps and Registration Department, Karimnagar, Karimnagar District.
...RESPONDENTS Petition under Article 226 ol lhe 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 Mandamus to declare action of the respondent No. 3 in not receive, register and release the sale deed executed by the petitioner in respect of the property Open Plot bearing No.38, admeasuring 451 sq.yards in Sy.No. 127, Rekurthi Village, Kothapalli Mandal, Karimnagar District as illegal, arbitrary, withgut following due procedure of law, contrary to the provisions of Registration Act 1908 and violative of Article 21 and 300-4 of the constitution of lndia and consequently direct the Respondent No.3 to receive, register and release the sale deed document presented by the petitioner in respect of the above property. lA NO: 1 OF 2022 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 respondent No.
3 forthwith to receive, register and release gift deed executed by the petitioner in respect of the property Open Plot bearing No.38, admeasuring 451 sq.yards in Sy.No. 127, Rekurthi Village, Kothapalli Mandal, Karimnagar District, pending disposal of the writ petition. Counsel for the Petitioners : SRl.
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.25693 of 2o22 ORDER:
Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue ^Op."r'rr* for the respondents. With their consent, this writ petition is disposed of at the threshold.
2.
The main grievance of the petitioners is that the respondent No.3 is refusing to receive, register, release the sale deed presented by the petitioners in respect of open Plot bearing No.38, admeasuring 451 sq.yards in Sy No. 127, Rekurthi Village, Kothapalli Mandal, Karinmagar District.
3.
The learned Assistant Government Pleader for Revenue submitted that the official respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908. 4.
Section 7 1 of the Registration Act, 1908 (for short the Act) reads as follows:
"71. Reasons for refusal to register to be recorded.-
(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it I I relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words "registration refused" on the document; and, 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 officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered 5.
In view of the above submissions made by both the parties coupled with the provision of Section 71 of the Registration Act, 1908, this writ petition is disposed of directing respondent No.3 to receive and process the subject document(s), presented by the petitioner, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899' It is also open to the Registering Authority to refuse/ receive the document(s) 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(s)' It is made clear that mere registration of document(s) does not confer title to the property.
Accordingly, this writ petition is disposed of' No order as to costs.
Miscellaneous applications, if any pending, shal1 stand closed' I Sd/-P.PADMANABHA REDDY ASSISTANT REGISTRAR j ,TRUE COPY'
SECTION OFFICER To, 1 . The Principal Secretary, Stamps and Registration Department, Secretariat, State of Tenlangana, Hyderabad.
2. The District Registrar, Stamps and Registration Department, Karimnagar, Karimnagar District.
3. The Joint Sub Registrar,, Stamps and Registration Department, Karimnagar, Karimnagar District.
4. One CC to SRl. PONNAM ASHOK GOUD, Advocate. [OPUC]
5. Two CCs to GP FOR REVENEU ,High Court for the State of Telangana at Hyderabad. [OUTI
6. Two CD Copies
7. One Spare Copy
HIGH COURT L DATED:17 10612022 L4 At v* c]r!
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ORDER
\ * c t1 WP.No.25693 of 2022 DISPOSING OF THE WRIT PETITION WTHOUT COSTS $nl