Nareddy Ram Reddy And Another v. The State Of Telangana And 2 Others

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION NO: 32619 OF 2022 Between:

1. Nareddy Business, District Ram Reddy, S/o.Venkat Reddy, R/o.H.No.1-28, Nandagiri village, Aged about 39 years, Occ.

Pegadapally Mandal, Jagityal

2. Akuthota Satyanarayana, S/o.Gopal, Aged about 43 years, Occ. Business, R/o. H.No.2-'t 0-832/1, Jyothinagar, Karimnagar District. ...PETTTTONER(S) AND The State of Telangana, Rep by its Principal Secretary, Revenue, Registration and Stamps Department, Secretariat buildings, Hyderabad The District Regiskar of Assurances, Registration and Stamps Department Karimnagar Town and District Karimnagar, Telangana The Sub Registrar, Gangadhara, 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 I pleased to issue an order or direction more particularly one in the nature of Writ of I MANDAMUS declaring the action of the 3rd respondent in refusing to receive and register the Sale Deeds presented by the petitioners for registration in respect of their Residentlal Plots i.e., 1) Plot admeasuring 161.58 sq. yards in Sy.No.205/8,

2) Plot admeasuring 238.63 sq. yards in Sy.No.,205iB and 3) Plot admeasuring 191.33 sq. yards in Sy.No.205/B situated at Rekurthy village, Kothapalli Mandal, Karimnagar District without assigning reasons as illegal, arbitrary and without jurisdiction and also violative of principles of natural justice and consequently direct the 3rd respondent to receive and register the sale deeds presented by the petitioners for registration in respect of the aforesaid residential plots.

I 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 forthwith to receive, register and release the Sale Deeds presented by the petitioners for registration in respect of the Residential Plots i.e.,

1) Plot admeasuring 161.58 sq. yards in Sy.No.205/8, 2) Plot admeasuring 238.63 sq. yards in Sy.No.,205/8 and 3) Plot admeasuring 191.33 sq. yards in Sy.1\to.205/B situated at Rekurthy village, Kothapalli Mandal, Karimnagar District, pending disposal of the writ petition.

Counsel for the Petitioner(s): SRI G. SATISH BABU Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER

THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION No.32619 of 2O22 ORDER:

In the present Writ Petition, the main grievance of the petitioners is that the respondent No.3 - Sub-Registrar, Gangadhara, Karimnagar District, is refusing to receive and register the subject documents presented by the petitioners in respect of the subject property situated at Rekurthy Village, Kothapally Mandal, Karimnagar District.

The learned counsel for the petitioners has submitted thal on earlier occasion, this Court in its order dated 22.03.2022 in W.P.No.44223 of 2018 and batch, has considered the issue of non-registration of the properties in Rekurthy Village, Karimnagar District.

The above made submission is not disputed by the learned Government Pleader for Revenue.

Having regard to the above, it is reievant to refer to Section 71 of the Registration Act, 1908 (for short the Act, 19O8J and Rule 58 of the Telangana Rules under the Act, 1908, which read as follows:

Section 7L Reasons for refusal to register to be rccorded.- \ \

AAR..J W.P.No.326l9 ol 2022

(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 shall 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 documenti 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 olficer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.

Rule 58 '58. It forms no part of a Registering Officer's duty to enquire into the validity of a document brought to him for registration or to attend to any written or verbal protest against the registration of a document based on the ground that the executing party had no right to execute the document; but he is bound to consider objections raised on any of the grounds stated below:

a) that the parties appearing or about to appear before him are not the persons they profess to be;

b) that the document is forged;

c) that the person appearing as a representative, assign or agent, has no right to appear in that capacity;

d) that the executing party is not really dead as alleged by the party applying for registration; or e) that the executing party is a minor or an idiot or a lunatic."

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w.P.N".32619.r?'l5ii In view of the above submissions made by both the parties coupled with the provisions of Section 71 of the Act, l90g and Rule 58 of the Telangana Rules under the Act, l9og, the Writ Petition is disposed of directing the Registering Authority to receive and process the subject documents submitted by the petitioners subject to the petitioners complying with the provisions of the Act, 1908, and Indian Stamp Act, 1g99. It will be open to the Registering Authority to refuse to receive the documents 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 petitioners.

The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs'

SD/. T. SRINIVAS DEPUTY REGISTRAR (L', SECTION OFFICER / //TRUE COPY// To, 1.

The Principal Secretary, Revenue, Registration and Stamps Department, State of Telangana 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 SRI G. SATISH BABU Advocate [OPUC] Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad . [OUT] Two CD Copies.

One spare copy.

b NPJ GJP

HIGH COURT DATED:17t0BtZO22 -4 o'

ORDER

cl0 [\}B xI ?t111 WP.No.32619 of 2O2Z D,SPOSING OF THE MrHouT cosTs.

WRlr PETIilON @ )N f1