Sri Paladugu Gopala Krishna Murthy vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO Between: Sri Pala.lL'gu Gopala Krishna Murthy, S/o P.

Koteswara Rao, Aged about 67 years,.

Occ- Rtd Employee, H.No.

19-96, Gautham Nagai, Malkalgiri, Hyderabad-047. ...PETITIONER AND 1.

The State of Telangana, Rep. by its Secretary, Revenue (Stamps and Registration) Department, Secretaraat, Hyderabad.

2.

The District Registrar, Medchal Malkajigiri District 3.

The Sub- Registrar, Malkajigiri, Medchal Malkajigiri District 4.

The Telangana State Wakf Board, Nampally, Hyderabad, Rep. by its Chief Executive Officer. ..,RESPONDENTS Petition under Anicle 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, to declare the action of the 3rd respondent in refusing to receive, register and release the Sale Deed in respect of residential house bearing No.

45-100/46 part, on plot No.

46, admeasuring 323 Sq.yds or 270 Sq.mtrs covering of Sy.

No.

565/1-3, situated at tr/alkajgiri Municipality, under GHMC N/alkajgiri Circle and lvlandal, Ranga Reddy District (presently Medcha l-lVla lkajgiri District) and consequently direct the respondents to receive, register and release the Regd.

Sale Deed in respect of residential house bearing No.

45-100i46 part, on plot No.46, admeasuring 323 Sq.yds or 270 Sq.mtrs covering of Sy.

565/1-3. situated at lvlalkajgiri t\,4unicipality, under GHMC Malkajgiri Circle and Mandal, Ranga Reddy District (presently Medchal- Malkajgiri District). 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 3rd respondent to forthwith to receive, register and release the Regd. the Regd.

565/1-3, situated at Malkajgiri PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 3569 OF 2022 Municipality, un er GHMC lr,4alkajgiri Circle and tvlandal, Ranga Reddy District (presently Medcr rr- t\,4arkaJgiri oistrict), pending disposar of main writ petition.

Gounsel for the ,etitioner: SRI AKKAM ESHWAR Counsel for the I lespondent Nos.

1 to 3: AGp FOR REVENUE Counsel for the I .espondent No.

4: SRI ABU AKRAM, SC FOR WAKF BOARD The Court made he following: ORDER /, THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION No.3569 of 2022 ORDER: Heard the learned counsel for the petitioner and t}.e learned Government Pleader for Revenue for the respondents 1 to 3 and Sri Abu Akram, learned Standing Counsel for Respondent No.4- Wakf Board.

With their consent, the Writ Petition is disposed of at the stage of admission.

The main grievance of the petitioner is that respondent No.3 is refusing to receive, register and release the document presented by them in respect of the subject propert], situated at Malkajgiri, under GHMC Malkajgiri Circle and mandal, Ranga Reddy district.

3.

Learned Government Pleader has stated that the official respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908.

4.

Section 71 of the Registration Act, 1908, reads as follows: nReasons 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 shall make an order of refusal and recorded his reasons for sr-rch order in his Book No.2, and 2 e. iorse the words "registration refused" on the dc:ument; and, on application made by any person ex )cuting or claiming under the document, shall, wi hout payment and unnecessa4z delay, give him a co ry of t co ry of the reasons so recorded. (2) Nc registering officbr shall accept for registration a do:ument so endorsed unless and until, under the pr( visions hereinafter contained, the document is dir :cted to be registercd.

5.

In vi, w of the above submission made b1, the learned Governmen: Pleader coupled with the provisron of Section 71 of the Registl ltion Act, l9Og, the Writ petirion is disposed of directing tl e Registering Authority to rcceiYe ancl process the subject doc lment/s, subject to the petitioners complying with the provisions r f the Registration Act, 190g, and Indian Stamp Act, 1899.

It wi be open to the Registering Authority to refuse/receive the docume rt presented before him, if he has any other objection, by duly as signing reasons in support of such decision and communica, e the said decision to the petitioners.

The n iscellaneous petitions pending, if any, shall stand closed.

Ther : shall be no order as to costs. //TRUE COPY' SD/.

V.KAVITHA ASSISTANT REGISTRAR SECTION OFFICER To, 2 The Secret; ry, Revenue (Stamps and Registration) Department.

State of Ierangana, jecretariat, HVderabad.

The Drstnct ?egistrar, MeOchat Malkalrgrri Drslrrcl \ \ 9.

I e ourJ-_Kegtstrar. lvratKaJtgtfl. tvleochat Matka|gtfl utstnct { fle Qrgf Executive Oflicer, Telangana Statef,rV-akf Board, Nampally, Hyderabad 5.

One CC to SRI AKKAlvt ESHWAR Advocate IOPUCI 6.

One CCto SRI ABUAKRAM, SC FORWAKFBOAnOIOeUCI 7.

Two CCs to GP FOR REVENUE, High Court for the Stite of Tilangana at Hyderabad. [OUT] 8.

Two CD Copies.

9.

One spare copy.

NPJ ?

HIGH COUR T DATED:23/A212022 ORDER WP.No.356l of 2022 DISPOSIIIG OF THE WRIT PETITION AT THE S TAGE OF ADMISSION WITHOUT COSTS.

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