A. Ramachandran v. The State Of Telangana

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION No.31590 of 2018 ORDER:

This Writ Petition is filed seeking the following relief: ".....to declare the action of the 4th respondent in not receiving and register the General Power of Attorney in favour of the petitioners daughters in respect of property Plot bearing No.68, an admeasuring 260.58 Sq.yards, in Sy.No.145, Hydernagar Village, Kukatpally Municipality, Ranga Reddy District, is illegal, arbitrary, without application of mind and contrary to the provisions of Stamps & A.P.

Registration Act and without jurisdiction and as well as the violation of fundamental rights guaranteed under the Constitution of India."

The issue raised in the present Writ Petition is squarely covered by the orders of this Court, dated 01.02.2018, passed in W.P.No.43051 of 2017 and Batch, wherein this Court following the order of the Full bench of this Court in Vinjamuri Rajagopala Chary and Others Vs. State of A.P.1 and also considering the order, dated 25.08.2014, passed by this Court in W.P.No.19069 of 2014, directed the Sub-Registrars concerned to receive and process the deeds of conveyance without reference to the District Gazette Notification, dated 26.09.2013, but in accordance with the Indian Registration Act, 1908 and the Indian Stamp Act, 1899. In view of the same, this Writ Petition is also disposed of directing the Sub-Registrar concerned to receive and process the deed of conveyance without reference to the District Gazette Notification, dated 26.09.2013, but in accordance with the Indian Registration Act, 1908 and the Indian Stamp Act, 1899. However, 1 2016 (2) ALD 236 (FB) = 2016 )1_ ALT 550 (FB)

it is open to the registering authority to refuse to register the deeds presented before him, if he has any other objection, by duly assigning reasons in support of such decision and communicate the decision to the petitioners. It is made clear that mere registration of deed of conveyance does not confer title to the property and it is made clear that this Order does not preclude the Government to take appropriate steps as warranted by law and to assert its title.

Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.

_____________________________ CHALLA KODANDA RAM, J.

Date: 04.09.2018 Ssv