Kumboju Ramulu v. The State Of Telangana And 2 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 30618 OF 2022 Between:

Kumboju Ramulu, S/o Chandraiah, aged about 47 years, Occ Agriculture, Fl/o H.No. 6-1 1 Vedira, Ramadugu, Karimnagar District. ...PETITIONER AND The State of Telangana, Rep. by its Principal Secretary, Revenue (Registration and Stamps) Department, Secretariat, Hyderabad.

2. The District Collector, Karimnagar District, at Karimnagar.

3. The Tahsildar and Joint Sub Registrar, Ramadugu, Karimnagar District. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the 3rd respondent in refusing to receive and register the Sale Deed presented by the petitioner duly paying the entire stamp duty and registration charges as per the slot booking dt. 20-6-2022 bearing Application Nos. 2200522859 in respect of the land in Sy.Nos. 5831N2 and 589lBl2 admeasuring ac. 0.04 gts., and Ac. 0.06 gts., total ac. 0.'t0 gts. situated at Vedira village, ramadugu Mandal, Karimnagar District, without assigning any reason as being illegal, arbitrary and unjust and contrary to the provisions of Section 71 of the Registration Act, 1908.

lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circumstancos stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.3 herein to forthwith receive and register the Sale Deed presented by the petitioner in respect of the land in Sy.Nos. 583lAl2 and 5BOlBl2 admeasuring ac. 0.04 gts., and Ac. 0,06 gts., total ac. 0.10 gts. situated at Vedira village, Ramadugu Mandal, Karimnagar District, pending disposal of the main Writ Petition.

Counsel for the Petitioner: SRI N. HARI PRASAO Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.3O618 of 2022 ORDER:

Heard learned counsel lor the petitioner and learned Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission.

2.

Aggrieved by the action ol respondent No.3 in refusing to entertain the subject document for registration in respect of the subject property, the petitioner filed the present writ petition. 3.

The learned Government Pleader has stated that the respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908 (for short, 'the ActJ. Section 71 of 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 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 prorrisions hereinafter contained, the document is directed to be registered.

4.

In vrew of the above made submissions coupled wi:h the provision under Section 71 of the Act, this writ petition is disposed of directing the Registering Authority to receive and process the subject document/s, subject to the petitioner complying with the provisions of the Act as well as the Indian Stamp Act, 1899. It will be open to the Registering Authcrity to refuse the document/ s presented before him, if he has any objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner. It is made clear that this Court has not expressed any opinion on merits cf the case as to the entitlement of the petitioner to get the subject document registered.

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

SD/-N.CHANDRA S EKHAR,RAO ASSISTANT REGIgTRAR {'

SECTION OFFICER //TRUE COPY// \ To,

1. The Principal Secretary, Revenue. (Registration and Stamps)' Department State of Teiangana, Secretariat' Hyderabao'

2. The District Collector, Karimnagar District, at Karimnagar'

3. The Tahsildar and Joint Sub Registrar, Ramadugu' Karimnagar District'

4. One CC to SRI N. HARI PRASAD, Advocate [OPUC]

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 r.lP 4

HIGH COURT DATED:2810712022 a?

ORDER

r_) 13 SEP 2027 WP.No.30618 of 2022 DISPOSING OF THE WRIT PETITION WITHOUT COSTS Cg'e6 &- ,1du-