Habeeb Abdullah Fadak v. State Of Telangana,

THE HON'BLE SRI JUSTICE A.RAJASEKHAR REDDY W.P.NO.45238 OF 2018

O R D E R

Aggrieved by the action of the 3rd respondent - Sub Registrar in not receiving and registering the document presented by the writ petitioners in respect of house property bearing municipal Nos.20-4-62/ HAF/ 1 and 204-62/ HAF/ 2 over the land admeasuring 298 sq. yards situated at Puncha Mohalla, Hyderabad, the present writ petition has been filed. The learned counsel for the writ petitioners and the learned Assistant Government Pleader for Revenue submits that this court, considering similar facts and circumstances, has been disposing of the writ petitions, directing the registering authority to consider the registration of the documents if they are in order and not in the prohibited list and that if the said authority intends to reject the same, to pass order under Section 71 of the Registration Act, 1908.

Learned counsel submits that the present writ petition may also be disposed of in terms of same directions. Having regard to the above facts and circumstances of the case and the submissions of the learned counsel, writ petition is disposed of at the stage of admission, directing the 3rd respondent - Sub Registrar, Registration and Stamps Department, SRO, Charminar, Hyderabad District, to consider the registration of the document presented by the petitioners, if the same is in order as per provision of the Indian Stamp Act, 1899 and the Registration Act, 1908 and the Rules made there under and the same is not included in the list of prohibited properties for registration under Section 22-A of the Registration Act; or prohibited for registration by any order/ injunction/ attachment, passed by a court, or competent authority.

In case, if he intends to refuse to register the same, shall pass order under Section 71 of the Registration Act, 1908 recording reasons and communicate the same to the petitioner. This exercise shall be completed within a period of six weeks from the date of receipt of a copy of this order.

Interlocutory applications pending, if any, shall stand closed. No costs.

-------------------------------------------- A.RAJASEKHAR REDDY,J DATE:13-12-2018 AVS