← Library
High Court for State of TelanganaWP/19005/2008dismissed no costs

R. Narsimha Raju, v. The Sub Registrar,

2017-11-06P Naveen Rao4 pages

HONOURABLE SRI JUSTICE P.NAVEEN RAO Date: 06.11.2017 Between:

R.Narsimha Raju, S/o Venkata Subba Raju, Aged 41 years, R/o.Plot No.267, Vijaya Towers, Ameerpet, Hyderabad.

.....Petitioner and The Sub-Registrar, Stamps & Registration Department, Maheswaram Mandal at Maheswaram village, Ranga Reddy district and another.

.....Respondents The Court made the following:

HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:

This writ petition is filed alleging that the Sub-Registrar is refused to receive the sale deed dated 18.08.2008 to register the sale transaction on land to an extent of Ac.6.30 guntas in Sy.No.131 of Pendyala village, Maheswaram Mandal, Ranga Reddy district.

2.

In the counter-affidavit, the Sub-Registrar points out two aspects, which are crucial to the issue; firstly, he states that no such document was presented before him and, therefore, question of refusing the document did not arise and secondly, O.S.No.389 of 1999 was instituted, pending on the file of Principal Senior Civil Judge, Ranga Reddy District at Saroornagar and in I.A.No.845 of 1999, injunction order was granted on 27.07.1999 restraining the respondents from alienating the subject property. It is further stated that 11th respondent/defendant in the above mentioned O.S., who is claimed to be the vendor in the said transaction, is restrained from alienating the petition schedule property, it includes at item no.3 of schedule property in Sy.No.131. These averments are not denied.

3.

Be that as it may, when injunction order was operating, Court cannot mandate the Sub-Registrar in receiving the document even assuming that the document was presented. The stand of the Sub-Registrar that no document was presented is not disputed. Thus, it cannot be said that Sub-Registrar grossly erred in not receiving the document warranting interference by this

Court. Writ petition merits no consideration and is accordingly dismissed.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs. ___________________________ JUSTICE P.NAVEEN RAO Date: 06.11.2017 kkm

HON'BLE SRI JUSTICE P.NAVEEN RAO Date: 06.11.2017 kkm