M.Raji Reddy v. The State Of Telangana And 2 Others,

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY ,THE TWENTY FIRST DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO:26162 OF 2022 Between:

tr4.Raji Reddy, S/o.M.Tirupati Reddy, Age about 46 years, Occupation. Agriculture, R/o.H. No.1A-120143, R.R.Nagar, Mandamarri Mandal, Thimmapur, Adilabad District.

PEITTONER(S) AND The State of Telangana, Rep by its Principal Secretary, Revenue (Registration and Stamps) Department, Secretariat bui!dings, Hyderabad. The District Registrar of Assurances, Registration and Stamps Department Karimnagar Town and District Kanmnagar, Telangana. The Sub Registrar,, Gangadhara, Karimnagar District. RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toto issue an order or direction more particularly one in the nature of Writ of lt4ANDAlt4US by declaring the action of the 3rd respondent in refusing to receive the document presented by the petitioner for registration of the Residential Plot No 55 admeasuring 264 sq,yds or 221 .76 sq.mts situated Sy.No.

65 of Rekurthy Village and Gram Panchayat, Kothapally Mandal, Karimnagar District without assigning any reason as being illegal. arbitrary and without .lurisdtction and contrary to the Provisions Sec 71(1)(2) of the Registration Act and consequently direct the 3rd respondent to receive the documents presented by the petitioner for registration of the subject plot to pass 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 3rd respondent to receive forthwith and register the document presented by the petitioner for registration in respect of residential Plot No 55 admeasuring 264 sq.yds or 221.76 sq.mts situated Sy.No.

I I Counsel for the Petitioner(s):SRl. RAVINDER REDDY SINGI REDDY Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION (TG) The Court made the following: ORDER

HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION .No.26162 OF 2022 ORDER:

Heard both sides and perused the material on record.

2. It is submitted by the learned counsel for the petitioner that subject matter of this Writ Petition is squarely covered by the order passed by this Court in W.P.No.44223 ol 20L8 and batch, dated 22.03.2022. The same is not disputed by the learned Government Pieader for Revenue.

3.

Learned Assistant Government pleader has fairly stated that the official respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908. Section 71 of the Registration Act, 1908 (for short the Act') reads as follows:

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 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; and, on application made by arry person executing or claiming under the document, shall, without payment and

unnecessa,ry 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.

4.

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, 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.

SD/.K.SAILESHI DEPUTY REGISTRAR l/'

SECTION OFFICER To, //TRUE COPY// The State of Telangana and 2 Others-, Rep by its Principal Secrelary, Revenue (Registraiion and Stamps) Department, Secretariat buildings, Hyderabad.

The District Registrar of Assurances, Registration and Stamps Department Karimnagar Town and District Karimnagar, Telangana. The Sub Registrar,, Gangadhara, Karimnagar District. One CC to SRl. RAVINDER REDDY SINGI REDDY Advocate IOPUCI Two CCs to GP FOR STAMPS AND REGISTRATION (TG) 'High Court for the State of Telangana. [OUT] Two CD Copies One Spare Copy 6.

'7.1 ,,/

HIGH COURT DATED:2110612022

ORDER

1aE 5T416, o q ,k Z ot) [ 5 JUL 2022 WP.No.26162 of 2022 ll \"='"/ L-/ DISPOSING OP THE \Y.P \\ ITIIOUT COSTS O=--.- .t- -J--