Uppula Mahesh Kumar v. The State Of Telangana

[ 3256 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO:46673 OF 2022 Between:

1. Uppula Mahesh Kumar, S/o. Koteshwar Rao- Aged about 53 years , Occ. Business, Ri./o. H. No. 5-1-15711, Krishna Nagar, N.T.P.C., Karimnagar, Karimnagar, District.

2. Gangipalli Lachaiah, S/o. Rajaiah, Aged about 57 years, Occ. Business Rl/o.Mailaram village and Benjanki Mandal, Karimnagar District.

3. Guduru Suresh, S/o. Gangaram Aged about 53 Years, Occ. Business, Rl/o Kombadpada Village, Beevandhi Mandal ,Thane District.

4. Salam Bin mohammed Barrawaz, S/o. Mohammed Bin Salmin Barrawaz, Aged about 34years, Occ. Business, R/o. H. No. 18-13-8i21,Rahamath colony, Bandlaguda , Hyderabad.

5. Manchikatla Kiran, S/o. Venkatesh, Aged about 34 years, Occ. Business, Vedhar Village, Ramagundam , Karimnagar District.

6. Salam Bin Mohammed Barrawaz, S/o. Mohammed Bin Salmin Barrawaz, Aged about 34years, Occ. Business, Rl/o. H. No. 18-13-8/21 , Rahamath colony, Bandlaguda , Hyderabad.

7. Rehana Begum, W/o. Khaja Nayeem Uddin, Aged 47 years, Occ. Housewife Fl/o. H. No. 6-4-107 , Kharkanagadda, Hussainpur, Karimnagar District

8. Salam Bin mohammed Barrawaz, S/o. Mohammed Bin Salmin Barrawaz, Aged about 34years, Occ. Business, Fl/o. H. No. 18-13-8/21 ,Rahamath colony, Bandlaguda , Hyderabad.

9. Yenugandula Rajamma, Wo. gangaramu Aged bout 65 years, Occ. Housewife, H.No. 1-5-128, Jagityal Karimnagar District. 10.Salam Bin mohammed Barrawaz, S/o. Mohammed Bin Salmin Banawa4 Aged about 34years, Occ. Business, Fl/o. H. No. 18-'1 3-8/21 , Rahamath colony, Bandlaguda, Hyderabad.

11.Koduri Sagar, S/o. Komuraiah, Aged about 44 years, Occ. Business, H.No.21O-1186122, Kamala Heights Appt, Jyothi Nagar, Karimnagar District.

12. Salam Bin Mohammed Barrawaz, S/o. Mohammed Bin Salmin Barrawaz, Aged about s2years, Occ. Business, Rl/o. Phoolbagh, Chandraiangutta, Charminar, Hyderabad.

'l3.Uttem Srinu, S/o. Kondaiah Aged about 35 years, Occ. Business Rl/o. 6-'1 11, Ramadugu Village and Mandal,- Karimnagar District.

...Petitioners

AND

1. The State Of Telangana, Represented by its Principal Secretary, Department of Revenue (Registration and Stamps), Secretariat, Burugula Ramakrishna Bhavan, NearTank Bund, Hyderabad.-PlN 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, Karimnagar.

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

5. The Drstrict Collector, Karimnagar.

6. The Revenue Divisional Officer, Karimnagar.

7. The Tahasildar, Kothapalli, Karimnagar District.

...Respondents

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ order or direction more particularly one in the nature of writ of Mandamus declaring proceedings of the 7th respondent No. 8i1582/2018 dated 26- 07-2018 and consequential action of the respondent No.4 in not receiving and issuing challan for registration of the sale deed documents of the writ petitioners herein pertaining to their residential plots Under the guise of said proceedings of the respondent No.7, as illegal, arbitrary and contrary to contrary to section 17 read wilh 22 A and section 71 of lndian Registration Act and consequently direct the respondents to receive and admit the sale deed documents of the writ petitioners 1 to 13 herein for registration over residential plot bearing No.12 and 13 (Part),3, No, No,S, No,No, No,2, No,52,No, No, which are Sy.Nos. 65,147 and 148, 118, 153,147 and 148, 153,73, 153, 215, 153, 15, 153,

153. respectively of Rekurthy Village and Gram Panchayat, Kothapalli Mandal and Zilla Parishad and within Municipal Corporation and District Karimnagar, by setting aside the proceedings of the 7th respondent No. B/1582/20'18 dated 2607 -2018. lA NO: 1 OF 2022 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 7th respondent to receive and admit the sale deed documents of the the writ petitioners '1 to 13 herein for registration over residential plot bearing No.12 and 13 (Part),3,No,No,5,No,No,No,2,No,52,No,No, which are Sy.Nos. 65,147and148,'l18,'l53, 147and148,153,73,153, 215,'153,15, 153,i53.

respectively of Rekurthy Village and Gram Panchayat, Kothapalli Mandal and Zilla Parishad and within Municipal Corporation and District Karimnagar; as per section 71 of lndian Registration Act; by suspending the proceedings of the 7th respondent No B/1582i2018 dated 26-07-2018, pending disposal of the main writ petition in the interest of justice and pass Counsel for the Petitioner: SRl. BABULU L Counsel for the Respondent No.

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETI?IO N No.46673 of2022 ORDER:

Heard learned counsel appearing for the petitioners and Iearned 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/ l5B2l2OlB, d,ated 26.07.2O18 and consequential action of respondent No.4 in not receiving and issuing the challan for registration of the sale deeds presented by the petitioners in respect of residential plots bearing Nos. 12 and 13 (part) 3, No, No, 5, No, No, No, 2, No, 52, No, No, which are in Survey Nos'65, 147 ard 148, 118, 153, r47 and 148, 153, 73, 153, 215, 153, 15, 153, 153, respectively, situated at Rekurthy Village and Gram Panchayat, Kothapalli Mandal and Zilla Parishad within Municipal Corporation and District, Karimnagar, as arbitrary and illegal and consequently, set aside the aforesaid proceedings issued by respondent No.7, dated 26.07 .20la.

3.

The learned counsel for the petitioners has submitted that on earlier occasion, this Court 13 its order dated 22.03.2022 in

r W.P.No.44223 of 20 iB and batch has considered the issue of non-reglstration of the prcperties Rekurthy Village, ln Karimnagar District.

4.

The above made submission is not disputed by the learned Government pleader for Stamps and Registration 5.

Having regard to the above. it is relevant to refer to Section 7 1 of the Registration Act, 190g (for short the Act, 1908') and Rule 58 of the Terangana Ruies made under the Act, 1908, which read as follows:

Section 71 Reasons for refusal to register to be recorded._

(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated within his sub-district shalt make an order of refusal and recorded his reasons for such order in his Book No.2, ald 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 ollicer shalt accept for registration a document so endorsed unless ald until, under the provisions hereinafter contained, the document is directed to be registered.

br-.-

Rule 58 '58. It forms no part of a Registering Officer's duty to enquire into the validity of a document brought to him for registration or to 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 t I 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;

c) 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 compiying with the provisions of the Act, 1908, and the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse to receive the documents presented before him, if he has any other

objectior, by duly assigning reasons in support of such decision dnd communicate the said decision to the petitioners. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

SD/.A.V.S.PRASAD ASSISTANT RElSTRAR I //TRUE COPY// To, SECTION OFFICER 1 Ilg t1!.,0r, Secretary, Deparim:nt of Revbnue (Registration and Stamps), State of rerangana Secretariat, Burugura nrrrr'ii.n"n" Bhavan, Near Tank Bund, Hyderabad -plN 500021 The Commrssroner and lnsoector.General of Registration and Stamps, [ollql Jahi (M J )r\.4arker ioad, Near Xa,acr,i ejk"ry,'ilrrprily, Hyderabad 500017

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

4. The Sub-Registrar, Gangadhara, Karimnaga Oirir.i"t.

5. The District Collector KJrrmnagar.

6. The Revenue Divisional Officef Karimnagar.

7. The Tatrasildar. Kothapa i. Karrmnagar District. E. One CC to SIlt BABULU L Advocate IOPUCI

9. Two CCs to Gp FoR sTA.Mps nruO iECf Si'nnTtON, High Court for the State of Telangana IOU I] 10.Two CD Copres I I

HIGH COURT MSK.J DATED:3O11212O22 -.4 I g trN ?ut

ORDER

WP.No.46673 of 2022 WRIT PETITION IS DISPOSED OF WITHOUT COST