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High Court for State of TelanganaWP/27052/2019disposed of no costs

Mr.Khan Mohammed Khan v. The State Of Telangana

2019-12-16P Naveen Rao3 pages

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.27052 OF 2019 Date: 16.12.2019 Between:

Mr. Khan Mohammed Khan, S/o.Late Mohammed Osman Ali, Aged about 48 yrs, Occu : Private Service, R/o.H.No.13-3-283, Imampura, Karwan, Hyderabad 500 002 .....Petitioner And The State of Telangana, Rep., by its Principal Secretary to, Stamps and Registration Department, Secretariat Buildings, Hyderabad & others.

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

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.27052 OF 2019 ORDER:

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

Petitioner claims that the owner of open plot in Sy.No.283, Plot No.54, admeasuring 200 Square yards of Mazra Aliguda, Mamidipally Village, Saroor Nagar Revenue Mandal previously, presently Balapur Mandal, Rangareddy District, proposed to sell the said extent of property and petitioner agreed to purchase the same and total sale consideration was paid. On 16.10.2019 the deed of conveyance was executed. Petitioner alleges that when the deed of conveyance was presented for registration, the registering authority refused to receive and process the same. Hence, this writ petition.

3.

However, it is seen from the record that no material is placed on record to show that the deed of conveyance was presented, but the Sub-Registrar refused to receive the document. There is no proof of payment of stamp duty and evidence of bonafide statement of petitioner of presentation of document.

4.

Since there is no proof of presentation of document, it cannot be said that the Sub-Registrar refused to receive the same. 5.

Thus, the Writ Petition is disposed of granting liberty to the petitioner to pay requisite stamp duty and present the document for registration. If the document is presented for registration with requisite stamp duty, the Sub-Registrar shall receive and process the same. If the Sub-Registrar is not in agreement with registration of document, he shall assign reasons in support of the decision

- 3 - and communicate the same to the petitioner, within four weeks from the date of presentation of document. Pending miscellaneous petitions, if any, shall stand closed.

___________________ P.NAVEEN RAO, J 16th December, 2019 Rds