Smt.Nafees Sultana v. The State Of Telangana

[ 32s51 HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO: 35034 OF 2023 Between:

Smt.Nafees Sultana, Wo.Mohd Farooq, Aged about 47 years, Occ ;House wife, R/o. H. No. 3-7-3 47, V avilalap ally, Ka ri mnaga r & District. .....PETITIONER AND

1. The State of Telangana, Department of Revenue (Stamps and . Registration),Secretariat Buildings Hyderabad,Rep.by its Principal Secretary.

2. The District Registrar of Assurence, Stamps and Registration Department at Karimnagar Town and District.

3. The Sub-Registrar, Gangadhara Karimnagar District.

4. The Tahsildar/Mandal Revenue officer, Kothapally Revenue Mandal, Karimnagar District.

.....RESPONDENTS Petition Under Article 226 ot lhe Constittrtion of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of 3'd respondent/Sub-Registrar in refusing to receive and register documents presented in respect of property in Sy.No.62, Plot bearing No.6 to an extent of 194.00 Sq.Yds, situated at Rekurthi village, Karimnagar Mandal and District basing upon a invalid communication dated 28-07 -2018 of the 2nd respondent as wholly illegal, unjust, untenable, unconstitutional and/or jurisdiction violative of Article 3O0-A of constitution of lndia, human rights, as well the provisions of Registration Act,1908 without any Notification and 3'd respondent is refusing to received and register the documents which is highly unjust and it amounts to depriving the enjoyment of

direct the 3rd respondent to receive and register the sare deeds respect of the aforementioned property.

t.A.NO:1 OF Petition Under Section 151 cPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the 3'd respondent to receive and process the Document presented for registration of sare deed in respect of the property in sy.No.62, prot No.6 to an extent of 't g4'00 Sq.yds in situated at Rekurthi virage, Karimnagar Mandar and District pending disposal of the above writ petition. presented in Counset for the petitioner : SRI SR|N|VASA RAO PUTLUR| Counsel for the Respondents : AGp FOR REVENUE The Court made the fottowing ORDER

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KT'MAR WRIT PETITION No.35O34 of 2023 ORDER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission.

This Writ Petition is frled seeking the following relief: oto declare the action of 3rd respondent/ SubRegi.strar in refusing to receiue and register doanments presented in respect of propertg in Sg No.62 plot bearing No.6 to on ertent of 194.OO Di-stict basing upon a inualid communication dated 28.O7.2O18 of the N respondent as whollg illegal unjust untenable unconstitutional and/ or juri.sdiction uiolatiue of Article 3OO-A of constitution of India tuman rights as uell the prouisions of I Regi.stration Act 19O8 u.titLnut ang notification and 3d respondent is refusing to receiued and register the docum.ents uthich i.s highlg unjust and it amounts to depriuing the enjoyment of direct th.e 3d. respondent to receiue and regi.ster the sale deeds presented in respect of the aforementioned propertg.'

3.

Learned Assistant Governrnent Pleader for Stamps and Registration has stated that the respondents will follow the I I

procedure contemplated under Section 7l of the Registration Act, 19O8 (for short, 'the Act, 19O8').

Section 71 of the Registration Act, 19O8 reads as follows: u Reasons for refusal to register to be recorded.- (l) 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, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words 'registration refused" on the document ald, on application made by €rny person executing or claiming under the document, shall, without pa5rment and unnecessary delay, give him a copy of the reasons so recorded.

(2) No registering - o{frcer shall accept for registration a document so endorsed unless and until, under the provisions' hereinafter contained, the document is directed to be registered."

4.

l,earned counsel for t]ee petitioner has fairly acceded the same.

5.

Recording the above submission made by learned counsel on either side and without expressing any opinion on the merits of the case, this Writ Petition is disposed of directing the Registering Authority to receive, register and release the subject document(s), presented by the petitioner, as expeditiously as possible, preferably within a period of three (O3) weeks from the date of receipt of a copy of this order, subject to the petitioner complying with the provisions

of the Registration Act' l9O8' and Indian Stamp Act' 1899' It is also open to the Registering Authority to refuse to register the documents by specifrcally assigning the reasons in terms of Section 71 of the Act, 1908 and communicate the said decision to the petitioner.

Accordingly, this Writ Petition is disposed of Miscellaneous applications' if any pending' shalt stand closed. No order as to costs'

SD/. A.v.s.P SAD ASSISTANT REG '1ffiffis3ffi*ffi;

/,TRUE COPY/'

SECTTON FFICER SA GJ

HIGH COURT DATED:291'1212023 ( itt E SIAI€: o \ c (-) a 0 4 JAN 2024 1'y'

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or.sp * l:'. ?. t .1:

ORDER

WP.No.35034 of 2023 i DISPOSING OF THE W.P WITHOUT COSTS \J.- ^fl