Bandipalli Devakka @ Devamma v. The State Of Telangana

[ 32s51 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY ,THE TWENTY NINTH DAY OF DECEI'IBER TWO THOUSAND AND TWENW THREE PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO:34972OF m23 Between:

Bandioalli Devakka @ Devamma, Wo Lakshmanaswamy, Hindu aged about 78 yeirs, Occ. HousE Hoh, R/o H.No.240, Narayanpur Village. Gangadhara Mandal' Karimnagar Diskict ...wRrr pETtaoNER AND ,| THE STATE OF TELANGANA, Represented by its Principal Secretary, Deoartment of Revenue (Reqistration and Stamps), Secretariat. Burugula Rahrakrishna Bhavan, Neai tank Bund, Hyderabad.-PlN 500021. The Commissioner and lnspector Geneial - of Registration and Stampg' Mojham Jahi, (M.J.)Market rdad, Near Karachi Bakery, Nampally, Hyderabad' 500017.

3. The District Registrar of Stamps and Assurances, Karimnagar District Karimnagar.

4. The Sub:Reqistrar, Ganqadhara. Karimnagar District.

5. The District eolbctor, Karimnagar District. At Karimnagar

6. The Revenue Divisional Officer, Karimnagar.

7. The Tahasildar, Kothapalli Mandal. Karimnagar District. ...RESPONDENTS At Petition under Article 226 of the constitution of lndia praying that in the circumstaflces stated in the affidavit filed tlrerewith, the High Court may be pleased to issue writ order or directlon more particularly one in the nature of writ of Mandamus declaring proceedings of the 7th respondent No. 8.1158212018 dated 26-07-2018 and consequential action of the respondent No.4 in not receiving and issuing challan fior registration of sale deed document of the writ petitioner herein executed over residential plot purchased vide sate Deed document No.5671/1995 dated 07-10-1995, under the guise of said proceedings of the respondent No.7, as illegal, arbitrary and contrary to contrary to seclion 17.22 A and section 71 of lndian Registration Act read with Rule 58 of T S'(A'P') Registration Rules, and consequently direct the respondents, to receive and admit Sale deed document of the writ petitioner herein pertaining to his

residential plot bearing No.NlL admea suring 242 Sy. Yards situated in Sy.No.58. of Rekurthy Village and Gram Panchayath, Kothapalli Mandal and District and Zilla Parishad Karimnagar and now within Municipal Corporation of Karimnagar. by setting aside the proceedings of the 7th respondent No. B/1582/2018 dated 26-07 -20'18. in the interest of justice 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 respondents herein to receive and admit the Sale deed document of the writ petitioner herein pertaining to his residential plot bearing No.NlL admeasuring 242 Sy. Yards situated in Sy.No.58.

of Rekurthy Village and Gram Panchayath, Kothapalli Mandal and District and Zilla Parishad Karimnagar and now within Municipal Corporation of Karimnagar as per section 71 of lndian Registration Act. by suspending the proceedings of the 7th respondent No.B/1582/2018 dated 26-07-2018, pending disposal of the main writ petition in the interest of justice Counsel for the Petitioner: M/s. SURENDRA DESAI Counsel for the Respondent Nos. 1,5,6&7: GP FOR REVENUE Counsel for the Respondent No.

/i THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KI'MAR WRIT PETITION No.34972 of 2ol23 ORDER:

Heard learned counsel for the petitioner 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.

This Writ Petition is filed seeking the following reliei "to declaring proceeditgs of the Vh respondent No.B/ 1582/2O18, dated 26.07.2018 and consequential action of tLrc respondent No.4 in rat rcceiuirLg and i.ssuing chnllan for registration of sale deed doanment of tlrc urit petitioner herein exeanted ouer residential plot purctusd uide Sale Deed document No.5671/ 1995, dated O7.1O.1995 under the gui.se of soid proceedings of the respondent No.7 o.s illegal arbitrary and controry to @ntrary to section 17, 22-A and sedion 71 of Indian Registration Act read uith Rule 58 of TS(AP) Registration Rules and onsequently diret the respondents to recetue and admit Sale deed docum.ent of tte utrit petitioner herein pertaining to hi.s residentia.l plot fuaing No NIL admeasuring 242 Sg Yards situated in Sy .iVo.58 of Relofihg Village and Gram Panchagath Kothapalli Mandal and Di.stict and Zilla Pari.shad Kaimnagar and nou uilhin Municipl Corporation of Kaimnagar bg setting aside th.e procedings of tlle Vh respondent No B/ 1582/2O18, dated 26.O7.2O18"

3.

Learned Assistant Government Pleader for Stamps and Registration has stated that the respondents will follow the

procedure contemplated under sectio n zr of the Registration Act, l9O8 (for short, .the Act, 19OgJ.

Section 7l of the Registration Act, lgOg reads as follows: ' Reasons for refusal to register to be recorded._

(1) Every Sub-Registrar ref:lsinC.,to register a document, except on the ground ft3i..,t" p;p;A-t.-;;;h t relates is not situated make an order of ,"rr. -Y&T his sub-district, shall su"h o.d.i-ii-H'#;:11 zrnd record his reasons for 'registration rH;J:* No' 2' and endorse the words app-ti"ruon-ma##-r.:i^-T: document; and, on ;:*""u:Lt1[';Hix*:#T:Hiffii

(2) No. registering ollicer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter directed to be registered.,contained' the document is 4.

Learned counsel for the pedtioner has fairty acceded the same.

5.

Recording the above submission made by learned counsel on either side and without expressing any opinion on the rnerits of the case, this Writ petition is disposed of directing the Registering Authority to receive, register and release the subject document(s), presented by the petitioner, as expeditiously as possible, preferably within a period of three (O3) weeks from the date of receipt of a copy of this order, subject to the petitioner complying with the provisions I

of the Registration Act, 19O8, and Indian Stamp Act, 1899. It is also open to the Registering Authority to refuse to register the documents by specifrcally assigning the reasons in terms of Section 71 of the Act, 19O8 and communicate the said decision to the petitioner.

6.

Accordingly, this Writ Petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.

SD/- T.JAYASREE ASSISTANT REGI,STRAR I //TRUE COPY// SECTION'OFFICER To,

1. The Principal Secretary, Departmentof Revenue (Registration and Stamps), Secretariat. Burugula Ramakrishna Bhavan, Near Tank BunC, Hyderabad.- PtN 500021.

2. The Commissioner and lnspector General - of Registration and Stamps, Mojham Jahi, (M.J.)Market'road, Near Karachi Bakery, Nampally, Hyderabad. 500017.

3. The District Registrar of Stamps and Assurances, Karirnnagar District, At Karimnagar.

4. The Sub-Registrar, Gangadhara. Karimnagar District.

5. The District Collector, Karimnagar District. At Karimnagar.

6. Ttre Revenue Divisional Offrcer, Karimnagar.

7. The Tahasildar, Kothapalli Mandal. Karimnagar District.

8. Two CCs to GP FOR REVENUE ,High Coutt for the State of Telangana, at Hyderabad [OUT]

9. Trivo CCs to- GP FOR STAMPS AND REGISTRATION ,High Court for the State of Telangana,at Hyderabad [OUT] 10.One CC{o M/s. SURENDRA DESAI, Advocate [OPUC] 11.Two CD Copies BMr.A,----

,r:---:

HIGH COURT DATED:2911212023 IHE ST4 16:

oo (_i I

ORDER

0 5 JAt{ 20A * -"* '/ |)|f C.\)' .,/.

WP.No.34972 ot 2023 oe.S DISPOSING OF THE WRIT PETITION AT THE ADMISSION STAGE WITHOUT COSTS (A \