Durgam Latha v. The State Of Telangana

[ 32e61 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY WRIT PETITION NO: 34427 OF 2023 Between:

1 . Durgam Latha, W/o: Late Durgam Shankaraiah, Aged 47 years, Occ. Housewife,

2. Durgam Rajasekhar, S/o: Late Durgam Shankaraiah Aged 28 years' Occ. Business,

3. Durgam Bhakser, S/o: Late Durgam Shankaraiah, Aged 23 years' Occ. Business,

4. Durgam Lingaiah, S/o: Lingaiah, Aged 80 years, Occ. Business, All are Rl/o 3-75, Pathawada, Rekurthy, Karimnagar. PETITIONERS AND The State of Telangana, Rep by its Principal Secretary, Revenue' Registration and Stamps Department, Secretariat buildings, Hyderabad. The District Registrar of Assurances, Registration and Stamps Department Karimnagar Town and District Karimnagar, Telangana The Sub Registrar, Gangadhara, Karimnagar District.

RESPONDENTS Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an order or direction more particularly one in the nature of Writ of MANDAMUS declaring the action of the 3'd respondent in refusing to receive and register the document presented by the petitioners with regard to the land bearing sy.No.205 admeasuring 3630 sq.

the document presented by the petitioner in respect of the aforesaid property as the petitioners obtained permission for construction of house from the Gram Panchayat, Rekurthy vide No GP/RKT/162/20'18 dated 1S-0S-2018, cPlRKTl163l20'18 dated 19-05-2018 and GP/RKT/1 64t2018 dated 19-05-2018 in Sy.No.205 of Rekurthy Village, Kothapally Mandal, Karimnagar District. lA NO: 1 OF 2023 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 3'd respondent forthwith to receive, register and release the document presented by the petitioner in respect of the land bearing Sy.No.205 admeasuring 3630 sq.

Yds (0-30 gts) situated at Rekurthy Village of Kothapally Mandal of Karimnagar District, as the petitioners obtained permission for construction of house from the Gram Panchayat, Rekurthy vide No.Gp/RKTt162l2118 dated 1905-2018, GP|RKT1163120'18 dated 19-05-2018 and Gp/RKT/1 6412018 dated .1905-2018 in Sy.No.205 of Rekurthy Village, Kothapally Mandal, Karimnagar District, pending disposal of the writ petition.

Counsel for the Petitioners: SRI RAVINDER REDDY SINGI REDDY Counsel for the Respondents: AGP FOR STAMPS AND REGTSTRATION The Court made the following: ORDER

THE HONOURASLE SRI JUSTICE C.V.BHASKAR R.EDDY WRIT PETITION No.34427 of 2o23 ORDER:

Heard learned counsel for the petitioners and learned Assistant 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 of respondent No.3 in refusing to receive, register and release the document presented by the petitioners for registration in respect of land admeasuring 363O square yards (0-30 guntas) in Survey No.2O5, situated at Rekurthy Village of Kothapally Mandal of Karimnagar District, though the petitioners obtained permission for construction of house from the Gram Panchayat, Rekurthy vide No.GP/RKT/162l2OLB dated 19.05.2018, GP/RKTI 163 l2OI8, dated 19.O5.2O18 and GP/RKT/164/2OLa, dated 19.O5.2018, the petitioners filed the present Writ Petition. 3.

l,earned counsel for the petitioners submits that the document presented by the petitioners for registration was not entertained by the Registering Authority for the reasons best known to it. Learned counsel also states that no reasons were

ti assigned for not entertaining the document that was presented for registration by the petitioners, which is against the provisions of the Registration Act, 19Og and therefore, a direction to the appropriate authorit5r to entertain the document for registration may be issued.

4.

Learned Assistant Government pleader for Stamps and Registration submits that necessary orders in t}-rat regard may be given.

5.

Section 71 of the Registration Act, 190g, 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 situate within his sub-district, sha_l1 make an order of relusal and record his reasons for such order in his Book No. 2, ald endorse the words "registration refused" on the document; and, on application made by any person executing or claiming under ttre 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 arrd until, under the provisions hereinafter contained, the document is directed to be registered."

6.

The Registering Authority is not empowered to refuse registration of document/s except under the circumstances mentioned under ttre Registration Act, 19Og and the Rules made thereunder. AIso, as per the version of the petitioners, no reasons were assigned for not entertaining the document, which was presented for registration by them.

Therefore, this Court is of the view that directions as prayed for have to be given to the public authority directing it to perform its function as required under law.

7 .

In the said circumstances, this Writ Petition is disposed of directing respondent No.3-Registering Authority to receive, process and register the document presented by the petitioners in respect of the subject property, in case, the said document comply with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899. The Registering Authority can refuse to register the document in case, the said document is prohibited for registration under any of the provisions of law, Rules or Regulations made thereunder. However, the reasons assigned thereof and the decision taken shall be communicated to the petitioners in writing. There shall be no order as to costs.

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

SD/. G. SIREESHA ASSISTANT IS //TRUE COPY// SECTION OFFICER To, 2.) The S^{b Registrar, Gangadhara, Karimnagar District. One CC to Sri RavinderReddy Singi Reddy, Advocate tOpUCl Two CCs to GP for Stamps And Re-gistrati<in, Uion Court for tn6 State of Telangana, at Hyderabad'[OUT] Two CD Copies 4.

TJ GJP $:

HIGH COURT DATED:21 11212023 r$e STATc D55g,rt C B 1B ,li\t'i ?$2[ a -b {a * *

ORDER

WP.No.34427 ot 2023 DISPOSING OF THE WRIT PETITION WITHOUT COSTS.