Sure Nirmala v. The State Of Telangana

HON'BLE SRI JUSTICE C. PRAVEEN KUMAR WRIT PETITION No.31706 of 2018 ORDER:

1) The present writ petition came to be filed seeking issuance of writ of mandamus to declare the action of the 4th respondent-Sub Registrar, in declining to provide the information and further proposing not to receive and register sale deeds presented by the petitioner for registration in respect of plot Nos.18 and 19 admeasuring 400 square yards or 334.4 square meters and plot Nos.24 and 25 admeasuring 400 square yards or 334.4 square 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 she is the absolute owner and possessor of the subject land and she acquired the same from her deceased son Prashanth, who purchased the same through a registered sale deed document Nos.8001 of 2007 and 818 of 2008. While things stood thus, due to personal necessities, the petitioner wants to sell the subject land in favour of the third parties. As such she approached the 4th respondent for registration of the same, who refused to receive the documents 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 documents 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 documents presented by the petitioner in respect of plot Nos.18 and 19 admeasuring 400 square yards or 334.4 square meters and plot Nos.24 and 25 admeasuring 400 square yards or 334.4 square meters out of out of My City situated at Sy. No.725/ 11 of Shamshabad Village and Grampanchayat, Shamshabad Mandal, Ranga Reddy District, if the same are 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 documents, 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 petitioner 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 05.09.2018 gkv