Kondam Radha And 4 Others v. The State of Telangana And 2 Others

Telangana HC28 Sept 2022WP/37738/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the Sub-Registrar's refusal to receive property registration documents. The Court directed the Registering Authority to receive and process the documents without invalidating them on grounds of execution validity, while reserving her right to refuse if other objections with reasons exist, citing Section 71 and Rule 58.

What did the court decide?

Directed the Registering Authority to receive and process the subject documents submitted by the petitioners.

Kondam Radha And 4 Others Vs The… — Constitutional and Fundamental Rights | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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WEDNESDAY, THE TWENTY EIGHTH DAY OF SEPTEIVIBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY

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WRIT PETITION NO: 37738 OF 2022

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Between:

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Kondam Radha, W/o Late Kondam Mahender Reddy, Aged about 51^years, Occ ; Housewife, RJo H.No.'10-2-669/8, Vidyanagar, Karimnagar.

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Kondam Naveen Reddy, S/o Late Kondam Mahender Reddy, Aged about 33 years, Rt/o H. No.10-2-669/8, Vidyanagar, Karimnagar.

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Vanga Nirupama, D/o Late Kondam l/lahender Reddy, W/o^{Tirumal Reddy,} aged about 31 years, Occ. Housewife, Fl/o H.No.3-140, Mizapur, Karimnagar.

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Gunjapadige Lalitha, W/o Shankaraiah, Aged about 47^years,Occ. Housewife, R/o H-No.10-55, Kondapalkala, Karimnagar.

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Bandi Rajaiah, S/o Pochaiah, Aged about 61^years, Occ.^Rl/o Cheerlavancha, Mandal Rajanna Sircilla District.

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...PETITIONERS

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AND

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The State of Telangana, Rep by its Principal Secretary, Revenue, Registration and Stamps Department, Secretariat buildings, Hyderabad.

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The District Registrar of Assurances Registration and Stamps, Department Karimnagar Town and District Karimnagar, Telangana.

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The Sub Registrar, Gangadhara, Karimnagar District.

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...RESPONDENTS

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Petition Under Article 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 an order or direction more particularly one in the nature of Writ of N/ANDAMUS declaring the action of the 3rd respondent in refusing to receive the documents of the petitioners in respect of the property of the petitioners No.1 to 3 admeasuring 200 sq. yards in Plot No.284, Sy.No.79/2, bearing Regd.Doc.No.4734l1996 dt.01-08-1996, petitioner No.4 admeasuring 242 sq. yards in Plot No.54, Sy.No.'123, bearing Regd.Doc.No.929612013 dt.19-08-2013, petitioner No.S admeasuring 200 sq. yards in Plot No.46, Sy.No.141, bearing Regd. Doc. No.1220112O12 d1.14-11-2012, and admeasuring 200 sq. yards in Plot No.45, Sy.No.141, bearing Regd.Doc.No.122OOl2012 dt.14-11-2O12

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respectively all the above plots are situated at Rekurthy Village, Kothapally Mandal, Karimnaga' District without assigning reasons as the s;ame is illegal, arbitrary and withou:^jurisdiction and also violative of principles ol natural^justice and consequently d rect the 3rd respondent to receive the documents presented by the petitioners f< r registration in respect of the aforesail open plots for the total extent or^part tl ereof.

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I.A.NO:1 OF 2022

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Petition Unde' Section 151 CPC praying that in the c rcumstances stated in the affidavit filed n support of the petition, the High Cour may be pleased to direct the 3rd resp:ndent to forthwith to receive, regiskrr and release the documents presente I by the petitioners for registration in respect :f the property of the petitioners ir respect of the property of the pelitioners No.1 to 3 admeasuring 200 sq. yards in Plot No.284, 51 .No.79/2, bearing Regd. Doc. No.473411996 dt.O1-08-1996, petitioner No.4 admeasuring 242 sq. yards in Plot No.54, Sy.No.123, bearing Regd.Doc.No.929611'.013 rlt.19-08-2013, petitioner No.5 adm:asuring 200 sq. yards in Plot No.46. Sy.No.141, bearing Regd.Doc.No.12201t2012 d1.14-11-2012, and admeasuring 200 sq. yards in Plot No.45, Sy.No.141, b,raring Regd.Doc.No.'1 220012012 d|.141 1ll2012 respectively all the above plot: are situated at Rekurthy Village, t(othacally Mandal, Karimnagar District, br the total extent or part thereof, penrling disposal of the writ petition.

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Counsel for the Petil oners : SRI.RAVINDER REDDY SINGI REDDY

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Counsel for the Restr ondents : GP FOR REVENUE

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The Court made the lollowing ORDER

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THE HON'BLE SRI JUSTICE A.ABHISHIK REDDY

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WRIT PETITION No.37738 of 2022

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ORDER:

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ln thc present Writ Petition, thc main grievance of the petitioners is that the respondent No.3 - Sub-Registrar, Gangadhara, Karimnagar District, is refusing to receive and register the documents presented by the pctitioners in respect of the subiect property situated at Rekurtl-ry Villagc', Kothapalli Manclal, Karimnagar District.

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Thc lcamecl counscl for the petitioners has submitted that on earlier occasion, tl'ris Court in its order dated 22.03.2022 in W.P.No.44223 of 2018 and batch, has considered the issue of non-registration of the properties in Rekurthy Village, Karimnagar District.

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The above made submission is not disputed by the learned Government Pleader for Revenue.

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Having regard to the above, it is relevant to refer to Section7L of the Registration Act, 1908 (for short'the Act, 1908') and Rule 58 of the Telangana Rules under the Act, 1908, which read as follows:

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Section 71:

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"Rcasons for rcfrrsal to register to be rccordcd. -

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I i I I

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(1) Iir:rv Sub-Registrar refusing to register a document, except or the ground that the property to which it relaler is not sit rated within his sub-district shall make an order ol rr:fusal ari recorded his reasons for such order in his Book No.2, arl entlorse the words "registration refuse(I" on t[.r(-' tft cument; and, on application made bv anv pt:rsorr ex )cuting or claiming under the document, shall. ,vithout p; yment and unnecessary delay, give him a copy of tll{: re sons so recorded.

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(2) N r registering officer shall accept for registrirtion ,r dr cument so cndorse<l unless and until, un<ler th,: pr rvisions hereinafter contained, tie document is dirlcted t() lx regisiered."

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Rule 5 I

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"58. It forms no part of a Registering Officer's duq, to enquire intc the validity of a document brought to him for regrstration or o attcnd to any written or verbal protcst agalnst the regl itration of a document based on the ground lhat the cxe, uting party had no iight to execute the document; [)ut he is b rund to consider obiections raised on any of the ;lrrrunds stat )d below:

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a) that the parties appearing or nbout t( appear before him are not the persons they p ofess to be;

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b) that the document is forged;

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c) that the person appearing as a repres-'nlative, assign or agent, has no right to appear rn tiat capacity;

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d) that the executing party is not really clead ;s alleged by the party applying for registration; or

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e) that the^('xecuting party is a miror or an idiot rrr a lrrnatic."

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In view of thc above submissions made by both the parties coupled with the provisions of Section 71 of the Act, 1908 and Rule 58 of thc Telangana Rules undcr the Act, 1908, the Writ Petition is disposed of directing the Registering Authority to receive and process the subject documcnts submitted by the petitioners subject to thc pctitioners complying with the provisions of the Act, 1908, and Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse to reccive the documents prescnted bcforc him, if he has any other objection, by duly assigning reasons in support of such decision and communicate the said decision to the pctitioners.

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The miscellaneous pctitions pencling, if any, shall stand closed

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There shall be no order as to costs

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SD/.I.NAGALAKSHMI DEPUW REGISTRAR

//TRUE COPY//

SECTION FFICER

The Principal Secretary,^{Revenue, Registration.and.Stamps Department'}

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Secretariat buildings,^{State of Telanganaat Hyderabad'}

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1. iil Di;itLi Regisfai^{of nssurances Registration andStamps, Department} Karimnagar Town and^{DistrictKarimnagar, Telangana'}

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The Sub-Registrar, Gangadhara,^{KarimnagarDistrict'}

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+. f*o CCs to^"Cp FOR^{REVENUE, High Court for the State of Telangana at} Hyderabad. [OUTI

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S. Oire CC to Snt.nnVlNDER^{REDDYSINGIREDDY,Advocate[OPUC]} 6. Two CD Copies

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One spare copy

S.A

HIGH COUR-'

DATED:28101t12022

ORDER

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WP.No.3773tl of 2022

DISPOSING )F THE W.P

WITHOUT CI)STS.

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Kondam Radha And 4 Others v. The State of Telangana And 2 Others

Case brief

What is this about?

What did the court decide?

Kondam Radha And 4 Others v. The State of Telangana And 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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