K.Chaithanya Kumar v. The State Of Telangana

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.30608 of 2018 ORDER:

1) The present writ petition came to be filed seeking to declare the action of the 4th respondent-Sub Registrar, in refusing to receive the documents of transfer presented by the petitioner for registration in respect of plot No.40 admeasuring 200 sq. yards or 167.2 sq. meters out of My City situated at Sy. No.725/ 11 of Shamshabad Village and Grampanchayat, Shamshabad Mandal, Ranga Reddy District, without assigning any reasons, as illegal and arbitrary. 2) The grievance of the petitioner is that he is the absolute owner and possessor of the subject land; purchased the same through a registered sale deed dated 24.12.2005 and his name was also recorded in the revenue records. While things stood thus, due to personal necessities, the petitioner wants to sell the subject land in favour of the third parties. As such he approached the 4th respondent for registration of the same, who refused to receive the document presented by the petitioner, without assigning any reasons.

3) Learned counsel for the petitioner submits that though the petitioner submitted the sale deed for registration of the subject land, in the office of the 4th respondent-Sub Registrar

complying with all requirements, no action has been taken by the 4th respondent. He further submits that no notification was also issued prohibiting the registration in respect of the subject land.

4) Learned Government Pleader for Revenue would submit that a direction may be given to the 4th respondent, to pass appropriate orders on the document submitted by the petitioner.

5) Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 4th respondent-Sub Registrar, to receive and process the document presented by the petitioner in respect of plot No.40 admeasuring 200 sq. yards or 167.2 sq. meters out of My City situated at Sy. No.725/ 11 of Shamshabad Village and Grampanchayat, Shamshabad Mandal, Ranga Reddy District, if the same is in accordance with the provisions of the Indian Stamps Act and Registration Act and release the same forthwith. However, if the 4th respondent is not inclined to register the document, the 4th respondent, shall return the same assigning reasons, as early as possible, preferably within a period of four to six weeks from the date of receipt of a copy of the order, by giving reasonable opportunity of hearing to the petitioners and all concerned.

6) With the above direction, the writ petition is disposed of. There shall be no order as to costs. As a sequel to disposal of the writ petition, WP.M.Ps if any pending shall stand closed.

____________________ C. PRAVEEN KUMAR, J 29.08.2018 gkv