Disposed

Y Pawan v. The State of Telangana and 3 others

Telangana HC27 Apr 2022WP/18908/2022

Case brief

AI extract

What is this about?

Petitioner challenged the Sub-Registrar's refusal to register a Memorandum of Deposit. The court disposed of the petition by directing the Registering Authority to receive and process the document pending compliance with statutory requirements, noting that registration does not confer title.

What did the court decide?

Petitioner directed to comply with the Registration Act and Stamp Act before the Registering Authority receives the document; Authority must process if no other valid objection exists or record reason

Y Pawan Vs The State of Telangana and 3 others — Property and Title | Telangana HC (2022)

¶1

HIGH COURT FOR THE STATE^{OF TELANGANA} (Special Original Jurisdiction)

¶2

WEDNESDAY, THE TWENTY SEVENTH^{DAY OF APRIL} TWO THOUSAND AND TWENTY TWO

¶3

PRESENT

¶4

THE HONOURABLE SRI JUSTICE^{N.V.SHRAVAN KUMAR}

¶5

WRIT PETITIO N NO: 18908 OF²⁰²²

¶6

Between:

¶7

Y Pawan, S/o. Late Y Mohan Rao,^{Age. 56 Years, Occ: CentralGovt Emp'} R/o.H.No.45-'198/1 , Street No.1,^{NMDC Colony, East Anandbagh' Malkajgiri'} Medchal-Malkajgiri

¶8

..,PETITIONER

¶9

AND

¶10

1 The-State of Telangana, Rep.^{by Principal Secretary, RevenueDepartment} Secretariat, Hyderabad.

¶11

2 The District Registrar, Medchal^{Malkajgiri District}

¶12

¶13

The Sub-Registrar, Ir/alkajgiri,^{Medchal-Malkajgiri District}

¶14

4 The Telangana State Wakf^{Board, Rep by its Chief Executive Officer,} ' Nampally, Hyderabad

¶15

...RESPONDENTS

¶16

Petition under Article^{226 of the constitutionof lndia praying that in the} circumstances stated in the^{affidavitfiled therewith,the High courtmaybe} pleased to issue an appropriate writ, order^{or direction more particularly onein} the nature of writ of^{Mandamusdeclaring the action of the respondents} particularly respondent No.3 in refusing^{to receiveand register and release the} Ivlemorandum of Deposit^{of title deeds, in respect of Residential house} lndependent bearing^{Municipal No.} 45-19811, (Old H.No^{45-100-1 1), on plot} No.11, admeasuring^{2oo Sq' Yards or 167,2 Sq. Metrs, with a Plinth areaof} Ground and First^{Floot 1793.7O Sft, Rcc under Sy No.587/1 and 3, situatedat} shiridi Nagar, Upperguda,^{Malkajgiri, Medchal-Malkajgiri,Telangana, as illegal} unjust, arbitrary against^{the provisions of Registrations Act and againstthe} settled^principal of^law.

lA NO: 1 OF 2022

Petition under section 1s1 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 Respondent No.3 forthwith to receive, register and release the Memorandum of Deposit of tifle deeds in respect of Residential house lndependent bearing Municipal No.45-198/1 , (Old H. No. 45_100_11), on ptot No.1 1 , admeasuring 200 sq. yards or 16r .2 sq. Metrs, with a printh area of Ground and First Floor 1793.70 sft, Rcc under Sy No.sg7l1 and 3, Situated at shiriidi Nagar, Upperguda, Markajgiri, Medchar-Markajgiri, Terangana, pending disposal of the Writ Petition and pass

¶21

Counsel for the Petitioner(s): SRt. SHAIK AHMED SHAREEF

¶22

Counsel for the-Respondent Nos. 1 to 3: Gp FOR REVENUE

¶23

Counsel for the Respondent Nos.4: -

¶24

The Court made the following: ORDER

1 1

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

¶29

WRIT PETITION No.18908 of 2022

¶30

ORDER:

¶31

Heard the learned counsel for the petitioner and the leamed Government Pleader for Revenue appearing for the^respondents. With their consent, this writ petition is disposed of at the threshold.

¶32

The main grievance of the petitioner is that the respondent^No.3 is refusing to receive, register and release the documents^{presented by} the petitioner in respect of the subject property situated at^Shiridi Nagar, Up.perguda, Malkajgiri. M edchal- M alkajgiri.

¶33

The learned Government Pleadcr for Revenue submitted that the official respondents will lollow the procedure contemplated^under Section 71 of the Registration Act, 1908

¶34

4 . Section 7 I of the Registration Act, 1908 (for short 'the Act) reads as folloi.l,s:

¶35

"71. Reasons for refusa.l to register to be recorded.-

¶36

(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal ald record his reasons for such order in his Book No. 2, and endorse the words "registration refused" on the document; and, on application made by any person executing or claiming under the document, sha-ll, without

¶37

lwsK,J \ W.P, No,lagoa of 2O2,

¶38

¶39

payment and unnecessary delay, give him a copy of the reasons so recorded.

¶40

(2) No registering offrcer shall accept for registration a document so endorsed unless and until, under the provisions hereinaJter contained, the document is directed to be registered."

¶41

In view of the above submissions made by both the parties coupled with the provision of Section 71 of the Registration Act, 1908, this writ petition is disposed of directing the Registering Authority to receive and process the subject document(s), presented by the petitioner, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899. It is also open to the Registering Authority to refuse/receive the document(s) presented before him, il he has any other objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner(s). It is made clear that mere registration of document(s) does not confer title to the property.

¶42

Accordingly, this writ petition is disposed of. No order as to

¶43

CoStS

¶44

Miscellaneous applications, if any pending, shall stand closed

¶45

¶46

To,

¶47

SD/.K.AMM ASSISTANT REGIST R //TRUE COPY// SECTION OFFICER 1 . The Principal.Secretary , State of Telangana Revenue Deportment Secretariat, Hyderabad.

¶48

The District Registrar, Medchal Malkajgiri District

¶49

¶50

¶51

The Sub-Registrar, Malkajgiri, Medchal-Malkajgiri District

¶52

¶53

The Chief Executive Officer Telangana State Wakf Board, Nampally, Hyderabad

¶54

One CC to SRl, SHAIK AHMED SHAREEF Advocate [OPUC]

¶55

Two CCs to GP FOR REVENUE ,High Court for the State of Telangana at Hyderabad. [OUTJ

¶56

Two CD Copies

¶57

B. One Sp-qre Copy

¶58

t,4 m r

¶59

\ --

)

HIGH COURT

DATED: 2710412022

ORDER

I i rl t,.: .i 2t?z
<br>

¶67

WP.No.18908 ot 2022

¶68

DISPOSING OF THE WRIT PETITION WITHOUT COSTS

¶69

)^.-1 \2 g

Y Pawan v. The State of Telangana and 3 others

Case brief

What is this about?

What did the court decide?

Y Pawan v. The State of Telangana and 3 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Syed Nusrath ali Vs the State of Telangna

G.Sri Rama Krishna Vs The State of Telangana and another

Sri K. Raghavendra Lal Vs The State of Telangana

Sri. Chintala Narasimha Reddy Vs The State of Telangana

Chakali Pedda Narsimulu and Another Vs The State of Telangana and 2 Others

Nayee Brahmana Seva Sangam Vs The State of Telangana