Anupriya Chintala vs The State of Telangana

HIGH GOURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY .THE FOURTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE N.V,SHRAVAN KUMAR WRIT PETI TION NO:25256 OF 2022 Betwee n: AND 1 Anupriya Chintala, W/o.

Yelkotwar Balakrishna, Age R/o.

Ftat No.302, Phase-1, Manjeera Homes, L/alkajgiri-tr/edchal-tt/lalkajgiri 30 Years, Occ.

Se rvice, Ramachandra Enclave, 2 3 4 ...PETITIONER The state of Telangana, Rep. by Principal secretary, Revenue Administration Secretariat, Hyderabad.

The District Registrar, Medchal Malkajgiri District The Sub-Registrar, Malkajgiri, Medchal-Malkajgiri District The Telangana State Wakf Board, Rep by its Chief Executive Officer, Nampallv' Hvderabad ...RES,.NDENTS Petition under Article 226 of lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High courl may be pleased to issue an appropriate writ, order or direction more particularly one in ihe nature of Writ of lr,4andamus declaring the action of the Respondents particularly Respondent No.3 in refusing to receive and register and release the Sate DeeO in iespect of Residential Flat Bearing No.3O2, in Third Floor of Manjeera Homes, Phase-1, Block No./A, bearing l!4unicipal No.25-10132t77 l1i8- atockl3oz, with Plinth area of 1030 sft including common area and car parking area of 100 sft earmarked in the parking are toghether with undivied share of land admeasuring 39 Sq Yards or 32.60 Sq [,4eters out of 396 95 Sq Yards' constructed-on part of plot Nos 82, 83 and 84, in Survey Nos.562,563 and 592. situated at Ramachadra enclave, East Anandbagh, lvlalkajgiri, Medchal-l\,4alkajgiri, as illegal unjust, arbitrary against the provisions of Registrations Act and against the seitled principal of law and consequently direct the 3rd Respondent to receive register and release the Sale Deed in respect of Residential Flat Bearing No.302' in Third Floor of Manjeera Homes, Phase-|, Block No.

Block No./A, bearing lvlunicipal No.25-40132t771118- Blockt3o2, with Plinth area of "1030 sft including common area and car parking area of 100 sft earmarked in the parking are together with undivied share of land admeasuring 39 Sq Yards or 32.60 sq Meters out of 396.95 Sq Yards, constructed on part of plot Nos 82, 83 and 84, in Survey Nos' petition under section 151 cpc praying that,in the circumstances stated in the affidavit filed in suppJ; ;; il i"liro'" int Hioh Court mav be pleased to direct the Respondernt rtr"'i i"ttft*itit to receive' rloister and release the Sale Deed in respect or nesio'eitla]'iiui'a""i"g No 302]in Third Floor of Manieera Homes, phase-t, ero"r No]),i,"f"rri"J-nir"i""ipat No.iS-+OlaZt77t 1tB- Block/302' with Plinth area of f OgO sit including commgn arga and Car parking area of 100 sft earmarked in tfre part<rng ''[i"O&ft"' '^1ith-undivied share of land admeasuring 39 Sq Yards or 32 (i0 sq' il;i;t";;i oi sso ss S-q Yards' constructed on part of ntot Nos 82, 83 llnd B;,"1; "s;u"y ruo.

562' 563 and 592, situated at 'Ramachadra encla'e, E;li il';i;;;i'' rt'l'rr'ulgi'i' Medchal-Malkaisiri' pendins disposal of the Writ Petition' 562,563 and 592, situated at Ramachadra enclave, East Anandbagh, Malkajgiri' Medchal-Malkajgiri' IA NOt1 o F 2022 Counsel for the Petitioner:SRl' SHAIK AHMED SHAREEF Counsel for the Respondent No's"l to 3: GP FOR REVENUE counser for the Respondent No.4: sRr ABU AKRAM (sc FoR *AKF B.ARD) The Court made the following: ORDER C HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION.No,25256 09 2022 ORDER: Heard both sides and perused the material on record.

2.

It is submitted by the learned counsel for the petitioner that subject matter of this Writ Petition is squarely covered by the order passed by this Court in W.P.No.13722 of 2022, dated 04.04.2022.

The same is not c'lisputetl by the learnetl Government Pleacler for Rel'enttc 3. l'enttc 3. [,earne'd Coverntlent pleaclcr ]ras fairlY stated tlrat the official , \ rcspontlents w,ill follou, tlre proceclr,tre corrtetrtplatt'ti lrnclt'r Sectiorl 7l ol the Rcgistration Act, 1908 Secrion 71 of the' Registration Act, 1908 (fol short 'the Act') rt'atls as follows: 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 shall make an order of refusal and recorded his reasons for such order in his Book No.2, and endorse the words "regishation refused" on thc clocumenU artci, on application made by any persoll exccutit.lg or clairning unticr thc clocuntt'r.tt, shall, n'ithortt pat'tnt'ttt antl qplL.cossar'\/ (lelir\/, givr.

Iirrt a copt, of tltt' re\tsotrs sir locorrlctl. (2) No re1;istering officcr shall accept for registration a (l()cunlent s.r eutltrrsctl ttnless attr{ ut.ttil, tttrtler thc provisions hclein;rfter ctxrtairter-1, thc docrtnrcl.tt is tlirectetl to be r{rg,isterc(1.

4.

L'r view of the above submissions rnade by both the parties coupled with the provision of Section 71 of the Registration Act, 190$ the Writ Petition is disposed of directing the respondent No.3 to receive and process the subject document, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Acl 1899.

It will be open to the Registering Authority to r ef use/ receive the document presented before him, if he has any other oirjcction, bv duly assigrring reasons irt support of such decision ancl conrmur-ricate tlre saicl rlecisiorr to the petitioner.

5.

Consetlrrenily, 111i51-gll.l rrcous petitior-rs penr.iirrg, if anr', pel-rcling in this rvrit petition shall stantl closed //TRUE COPY// SD/.K.AMMAJI ASSISTANT REGISTRAR L'- SECTION OFFICER To, 1 .

The Principal liecretary, Revenue Administration'State of Telangana' Secretariat, Hvderabad.

2. erabad.

2. ifu Districi Rirgistrar, Medchal Malkajgiri.District. - 5. rii" 5rn-neql'tior, Malkajgiri, Medchal-Malkajgiri District ;. iii; 6hi"i E;.;rti;" otriii,i,i'etungana state Wakr Board, Nampallv' Hvderabad s. ij'.l"cCi,i sttt. sHAIK AHMED SHAREEF Advocate-[oPUC] , 6. i;; 6d. to 6p Fon neVeruuE ,High court for the State of Telangana, 7 BI $.'"'Ja to SF1.

ABU AKRAM (sc FoR ryAKF B9ARD), Advocate toPUCl Two CD CoPiers.

One Spare CcPY GB ${r I \ I HIGH COUR'T DATED:1410612022 ORDER WP.No.25256 of 2022 DISPOSING OF THE WP WITHOUT COSTS. od 1!\ c 2 2 JUll 2022 "a' * i5gp,qr 1: ,--\ I \ t- \A{P -= o