Mrs. Saleha Begum v. The State Of Telangana
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[ 32561 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Speciat Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITI oN NO: 46347 0F 2022 Between:
Mrs. Saleha Bequm. Wo Mohammed_Lutufuddin Ahmed, Occ Housewife, Rio H No. 20-6-216, Amberpet, HyOeraUaa,-T5., - ...PETITIONER AND
1. The State of Telanoana, Rep by its principal Secretary Stamps and Resistration oepari'ment SeE;irEi, Fiy;#;i'"?' i.s.,
2. lnspector General Stamps and Registrations, Telangana, Registration Bhavan, 4th and 5th Ftobr, Nizams-hahai;a-d, Oimingun;, ruiL.-nlr*it, Hyderabad - 500001
3. The Sub Registrar, Shamshabad, Ranga Reddy District, Telangana State ...RESPONDENTS Petition under Arlicre 226 of the constitution of lndia praying that in the circumstances stated in the affidavit fired therewith, tne High'c;urt;y;; pleased_to issue any writ, order or direction more farticutarr/one in ti," "it*u of wRlr MANDAMUS decraring the action or inl nesp6noent *o. s -noi receiving, registering and rereasing the documents in ravor.ii-oitn; ;;;.p;.1,;; purchasers produced by the petitircner without "ny ""r." and reason, for the Property open prot No. 'r2lpart, in_survey No. zstiai, admeasurini 1ooo.6o sq Yards or equivalent to 836.'12 sq meiers, sltuateo at Madanoaflv Viflaoe Shamshabad Mandat.
Ranga Reddy Dist, reiangana StrG, ;;;;i;;"";'3r#;ni"; all the link documents is iiligar, arbitrary ,ra rioirlion of arficres 14,21 and 300A of constitution of lndia -arso.againit tne erinciftes of naturai jr.ti;;;;; consequently direct the Respondent No. 3 to receive, register ano ietease ine Document in favour of the prospective purchasers proou"io oy ffu e"iition"rioi the Property Open ptot No 1?fq1, in Survey r.ro. iilpart, "O,i,""iurinl-rOOO.bt sq Yards or equivarent to 836.
lA NO: 'l OF 2022 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, ine uign court may oe pteaseoio pass an interim direction thereby directing the Reipondent Nd.3 to receive, register and release the Document in favour of the prospective purchasers produced by the Petitioner forthe property open plot No t2lpart, in burvey No. 23lPatt, admeasuring 1000.00 Sq yards or equivalent to 836..12 Sq meters, Situated at Madanpatly Village, Shamshabad Mandal, nanga nedOy Oist, Telangana State, pending disposal of main Writ petition; Counsel for the Petitioner: SRI. MOHIN SHARIEF Counsel for the Respondents Rl TO R3: Gp FOR STAMPS AND REGISTRATION The Court made the fotlowing: ORDER
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.46347 of 2022 ORDER:
Heard leamed counsel for the petitioner and learned 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, process, register and release the document presented by the petitioner for registration in respect of open plot No.l2/Part, in Survey No.23/Part, admeasuring 1000.00 square yards or equivalent to 836.12 square meters, situated at Madanpally Village, Shamshabad Mandal, Ranga Reddy District, the petitioner filed this Writ Petition.
3.
L,earned Government Pleader has stated that the respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act). Seclion 71 of the Act reads as follows:
Reasons for refusal to register to be recorded.-
(1) Every Sub-Registrar refusing to register a document, except \ t on the ground that the property to which it relates is not situated within his sub-district shall make an order of refusal and recorded his reasons for such order in his Book No.2, and endorse the words "registration refused" on tJre document; and, on application made by any person executing or claiming under the document, shall, without payment and
,> unnecessary delay, recorded.
give him a copy of the reasons so (2) No registering officer shall accept for registration a document thc so endorsed unless hereinafter contained, registered.
until, under document is the provisions directed to be and In view of the above made submission coupled with the provision under Section 7l of the Act, this Writ petition 1S disposed of directing the Registering Authority to receive, process, register and release the subject document/s, subject to the petitioner complying with the provisions of the Act as well as the Indian Stamp Act, 1899. It will be open to the Registering Auttrority to refuse the document/s presented before him, if he has any objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of ttre petitioner to get the subject document registered.
Miscellaneous petitions, if any, pending in this writ petition shall stand closed. lhere glrall be no order as to costs. SD/- L. SIVA PARVATHI ASSISTANT REGISTRAR l.
//TRUE COPY// SECTION OFFICER
---7 To, 1 The Principal Secretary Stamps and Registration Department Secretariat' State ofT6langana, Hyderabad' I s '
'g,;ffi l:Lff l;l'1,'^'?[s?1ll:"*".sil:',li["9'd'sl?ls,1$']iTfi ,l:offi ::[', Hyderabad - 500001
3. The Sub Registrar, Shamshabad, Ranga Reddy District' Telangana State
4. One CC to SRl. MOHIN SHARIEF Advocate [OPUCI
5. Two CCs to GP FOR STAMPS ANDREGISTRATION' High Court for the " Si;iJl;lansana, HYderabad. [oUT]
6. Two CD CoPies
HIGH COURT MSKJ DATED: 3011212022 s a'
( u C) N8 [\\ $ TAT a'
.i i a\ P
ORDER
AT WP.No.46347 ot 2022 WRIT PETITION IS DISPOSED OF WITHOUT COST