Mr.Gatla Venkat Rama Reddy v. State Of Telangana, And 2 Others

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.24140 OF 2019 Dated:05.11.2019 Between:

Mr. Gatla Venkat Rama Reddy, S/o, Late Sri Srinivas Reddy, Aged 69 years, R/o. H.No2-2-1075/23, Flat No.501, Neeldeep Residensy, Amberpet, Hyderabad .. Petitioner And State of Telangana, rep., by its Principal Secretary, Stamps and Registration, Revenue Department, Secretariat, Hyderabad and others .. Respondents This Court made the following:

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.24140 OF 2019 ORDER:

Heard learned counsel for the petitioner and learned Government Pleader for Revenue for respondents. 2.

According to petitioner, land admeasuring Ac.1.00 in Survey No.229 of Mangalpally Village and Gram Panchayat, Ibrahimpatnam Mandal, Ranga Reddy District, was bequeathed in his favour by Mandala Ram Reddy by executing a Will on 09.12.2012. For his personal reasons, especially for treatment of his disease and personal obligations, he intended to sell the subject property to the prospective purchaser and when he presented the deed of conveyance, the Sub Registrar refused to receive the same without assigning any reason. 3.

According to learned counsel for the petitioner, the subject property is not included in the prohibited list of properties; there is no embargo imposed and therefore the Sub Registrar could not have refused to receive the document presented by the petitioner for registration.

4.

However, no material is filed in proof of presentation of the document. Apparently, so far stamp duty is not paid and therefore, it cannot be said that the Sub Registrar is not receiving the document as sought to be contended. 5.

The Writ Petition is accordingly disposed of leaving it open to the petitioner to present the document before the Sub Registrar for registration, by paying the requisite stamp

- 3 - duty. As and when such document is presented by the petitioner, the Sub Registrar shall receive and process the same in accordance with the provisions of the Registration Act, 1908 and the Rules made thereunder. If the Sub Registrar is not in agreement to receive the document for registration, he shall assign reasons in support of his decision and communicate the same to the petitioner. Pending miscellaneous petitions, if any, shall stand closed.

____________________ P.NAVEEN RAO, J Date:05.11.2019 KH