Varukolu Naga Laxmi v. The State Of Telangana

[ -325{r I HIGII COUITT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY .THE TTIII{TIETH DAY OF DECEMBER TWO'f HOUSAN D AND TWEN'I'Y'I'WO PRESENT THE HONOURABLE SRI JUSTICI.] MUMMIN[:NT SUDHEER KUMAIT WRIT PETITION NO:46642 ()F 2022 Betrveen:

l. Varukolu Naga Laxn.ri, Wo Rajesham, Hindu, Occ. I{ouse Hold, R-io Kokkerakunta Village. Rarnadugu Mandal, Karimnagar District.

2. ELIGETI RAJESHAM, S/o Sailu, Hindu, Occ. Business, Resident of H.No.2-297. Poosala Road, Sultanabad Village and (M), Karimnagar. District.

3. SRI VUSHAKOYALA SATIIEESH, S/o Bhadraiah, Hindu, Occ. Cooli, Rcsident of Rangampalli Village. Peddapalli Mandalam, Karimnagar District. .1. KOMMIRA RAJA REDDY, Sio Venkata Narasimha Reddy, t{indu aged about 74 years, Occ. Pensioner, R/o H.No.9-4-528, Sapthagiri Colony, Karimnagai.

5. SM'f. ET,UKAPELLY LAXiVII, Wo Kanakaiah,. .Hindu, Occ. Flouse Hold, Rio Rekurthy Village and Mandal, Karimnagar District ...PET[tIONER(S) ANI) l. The State_ Of_ 'lelangana, Represented by its Principal Secretary. Departnrent ol Revenue (Registration and Stautps), Secretariat. Burugula Ramakishna Blavan, Near

2. The Commissioner and Inspector General - of Registration and Stamps, Mojharn Jahi, (M.J.)Market.road, Near Karachi Bakery, Nanrpally, Flyderabad. 5000I 7. -

3. The District P.egistrar of Stamps and Assurances,, Krrimlagar.

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

5. The District Collector., Karimnagar.

6. The Revenue Divisional Offrcer, Karimnagar.

7. The Tahasildar Kothapalli.. Karimnagar Districl. / ...RESPONDENTS Petition under Article 226 of the Constitution ol India praying that in the circumstances stated in the alfidavit filed therewith, the High court may be pleased to issue writ order or direction more particularly one in rhe nature of writ ol Mandamus declaring proceedings of the 7th respondent No. B/1582/2018 dated 26-07-201g and. consequential action ofthe respondent No.4 in not receiving sale deed documents of the writ petitioners herein for registration. pertrining to theil residential House/Plots, under the guise of said proceedirlgs of the rcspondent No.7, Ls illegal, arbitrary and contrarv to

contrary to section t7 , 22 A and section 7 t read rvith Rule 5 8 of lndian Registration Act & Rules and consequently direct the respondents hcrein, to receive and admit the salc deetl document of the first writ petitioner pertaining to her residcntial house bearing H.No.No.l -37i4iAl1 with a plinth area of 707 Sq.Feet, built over residential Plot bearing No. Nil (abutting H.No.l-38) admcasuring 151.25 square yards, situated in S-No.45' and sale deed documents of thc writ petitioners 2 to 5 herein, pertaining to their. open residential Plots bearing No. 94. l6-southem Part. 7. 18 and 19-Westem Part. admeasuring 217.5, 121.34,252.08 and (317 + 54:371 square yards) respectively, situated in Survey Numbcrsl40, 213,213, and 142 respectively.

all of Rekurthy village and Gram Panchayat, Karimnagar Mandal and District and Zilla Parishad Karimnagar, now within Municipal Corporation of Karimnagar. by setting aside the proceedings of the 7th respondent No. B/1582/2018 dated 26'07-2018. in the interest ofjustice IA NO: I OF 2022 Petition under Section l5i 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 first writ petitioner pertaining to hcr residential house bearing H.No.No.1-37/4/All \ /ith a plinth area of 707 Sq.Feet, built over residential Plot bearing No. Nil (abutting H'No'1-38) admeasuring 151.25 square yards, situated in S.No.

45 and sale deed documents of the writ petitioners 2 to 5 herein, pertaining to their open residential Plots bearing No. 94; l6-southem Part; 7 ,18 and l9-Westem Part; admeasuring 217.5, 121.14,252.O8 and (317+54=) 371 square yards respectively situated in Survey Numbers140, 213,213, and 142 respectively; all of Rekurthy Vitlage and Gram Panchayat, Karimnagar Mandal and Districi and Zilla parishad Karimnagar, now within Municipal Corporation of Karimnagar; as per section 7l of Indian Registration Act read with Rule 58 of T.S. Registration Rules; by suspending the proceedings of the 7lh respondent No.B/l 582/20 1 8 dated 26-O'7'2018.

Counsel for the Petitioner(s):SRI. SURENDRA DESAI Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER

- THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRI? PETITION No.46642 of 2o22 ORDER:

Heard learned counsel appearing for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents.

2.

This Writ Petition is filed seeking to declare the action of respondent No.7 in issuing the proceedings No.B/ 158212018, dated 26.07.2018 and consequential action of respondent No.4 in not receiving t1.e sale deed for registration pertaining residential house bearing H.No.l-37 /4lA/ 1 with a plinth area of 7O7 square feet, built over residential plot bearing No.Nil (abutting H.No.1-38) admeasuring 151.25 square yards, situated in S.No.45 of petitioner No. 1; open residential plot bearing Nos.94, l6-southern part; 7;

.18 & 19 -Western part;

admeasuring 217.5, 121.34, 252.OA and (317+54) 371 square yards in survey Nos. 14O, 213, 213 and 142 respectively, of petitioner Nos.2 to 5 herein of Rekurthy Village and Gram Panchayat, Karimnagar Mandal and District and Zilla Parishad, Karimnagar, now u'ithin Municipal Corporation of Karimnagar, as arbitrary and illegal and consequently, set aside the aforesaid proceedings issued by respondent No.7, dated 26.07.2018.

t \ \i,l 3.

The rearned counser for trre petitioners has submitted that on earlier occasion, this Court in its order d ated 22.03.2022 in W.P.No.44223 of 20lg and batch has considered the issue of non-registration of the ProPerties in Rekurthy Village, Karimnagar District.

4.

The above made submission rs not disputed by the learned Government pleader lor Starnps ancl Registration. 5.

Having regard to the above, it is Section Tl of the Registration Act, 190g (for short ,the Act, l9o8J and Rule 5g of the Telangana Rules made under the Act, 19O8, which read as follows:

relevant to refer to Section 71:

Reasons for refusal to register to be recorded._ (l) Every Sub-Registrar refusing to regisler a document, except on the ground that the prop.erty to which it relates is not situated within his sub-district shall mate an order of refusal and recorded his reasons for such order in his Book No.2, and endorse the words "registration refused" on the document; and, on application made by any person executing or claiming under the 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 ald until, under the

-f provisions hereinafter contained, the document is directed to be registered.

Rule 58 "58. tt iorms no part of a Registering Officer's duty to enquire into the validity of a document brought to him for registration or 1() attend to any written or verbal protest against the registration of a document based on the ground that the executing party had no right to execute the document; but he is bound to consider objections raised on any of the grounds stated below: a) that the parties appearing or about to appear before him are not the persons they profess to be;

b) that the document is forged;

cl that the person appearing as a representative, assign or agent, has no right to appear in that capacity;

d) that the executing party is not really dead as alleged by the party applying for registration; or e) that the executing party is a minor or an idiot or a lunatic."

6.

In view of the above submissions made by both the parties coupled with the provisions of Section 71 of the Act, 1908 and Rule 58 of the Telangana Rules made under the Act, 1908, the Writ Petition is disposed of directing the Registering Authority to register and release the subject documents submitted by the petitioners subject to the petitioners complying with the provisions of the Act, 19O8, and the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse to receive ir

t the documents presented before him, if he has any other objection, by dury assigning reasons in support of such decision and communicate the said decision to the petitioners. Miscellaneous petitions, if auy, pcnding in thrs writ petition shall stancl closed.

SD/- MOHD. SANAULLAH AIISARI ASSISTAIIT REGISTBAR //TRUE COPYil // ,l' / \-{_ To, SECTION OFFICER I The Principal Secretary, Department of Revenue (Registration and Stamps), Secretariat. Burugula Ramakrishna Bhavan, Near Tank Bund, State df Telangan4Hyderabad.-PIN 50002 1.

The Commissioner and Inspector General - of Registration and Stamps, Mojham Jahi, (M.J.)Market road, Near Karachi Bakery, Nampally, Hyderabad. 500017. The District Registrar of Stamps and Assurances,, Karimlagar. The Sub-Registrar Gangadhara., Karimnagar District. J . The District Collector, Karimnagar.

. The Revenue Divisional Officer, Karimnagar. The Tahasildar Kothapalli., Karimnagar District. One CC to SRI. SURENDRA DESAI Advocate [OpUC] Two CCs to GP FOR STAMPS AND REGISTRATION ,High Court for the State of Telangana. [OUTI

10. Two CD Copies

HIGH COURT 't MSKJ DATED:30 /12/2022 1r\ . ;-,ilt iL o i zl JAN?08 3i

ORDER

WP.No.46642 of 2022 WP IS DISPOSED OF WITHOUT COSTS