Disposed

Mr. Mohammed Nissar v. The State of Telangana

Telangana HC6 Jul 2023WP/15675/2023

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the Sub-Registrar's refusal to register a mortgage deed pledged to HMDA for construction on specific property. The court held that the registering authority must assign reasons for refusal under Section 71 of the Registration Act, 1908. Consequently, the High Court directed the authority to receive and register the document if it complies with appli

What did the court decide?

Directed the Registering Authority to receive and register the mortgage document presented by the petitioner, serving reasons for any refusal within one month.

Mr. Mohammed Nissar Vs The State of Telangana — Property and Title | Telangana HC (2023)

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[^320e ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE SIXTH DAY OF JULY

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TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA

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WRIT PETITION NO: 15675 OF 2023

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Betweenl

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Mr. Mohammed Nissar, S/o. Late Mohammed Faqeer Ahmed, Age about. 56 Years, Occ. Private Employee, R/o. S-1-1120, Hasham Nagar, Langer llouse, Hyderabad, Telangana State.

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...PETITIONER

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AND

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The State of Telangana, Rep. by its Principal Secretary, The Commissioner and lnspector, General of Stamps and Registration, Secretariat Buildings, Hyderabad.

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The Sub- Regiskar, Registration Office, Narsingi, Ranga Reddy District

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS or any other appropriate Writ or direction by declaring the action of the respondent authorities particularly the respondent No. 2 authority in not receiving and registering the mortgage document presented by the petitioner in respect of mortgage of portion of the property in respect of construction undertaken by the petitioner at the property of the petitioner in Plot No. 50/ Part (Northern Part) and 51/ Part (Southern Part) in Sy. Nos. 96/5 of Bandlaguda Jagir Village, Gandipet Mandal, Ranga Reddy District to an extent of 253.30 Sq. Mts. in favour of the Statutory authority i.e. Hyderabad Metro Development Aufhority as illegal, arbitrary and against the pr.inciples of natural justice and against the Provisions of the Registration Act and consequently direct the 2nd respondent authority to receive and regisler the mortgage document presented by the petitioner in respect of mortgage of property in favour of the Hyderabad Metro Development Authority for undertaking construction in Plot No. 50/ Part (Northern Part) and 511 Pan (Southern Part) in Sy. Nos. 96/5 of Bandlaguda Jagir Village, Gandipet Mandal, Ranga Reddy District to an extent of 253.30 Sq. Mts., otheruvise Prohibited under section 22-A ot Registration Act,

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1908 or any bar tc such rs imposed by way of injunction or Prohibition of Registration by any, competent Crvil Court in respect of the above stated property.

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lA NO: 1 OF 2023

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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 pteased to direct the 2nd respondent authority to receive and register the mortgage document presented by the petitioner in respect of mortgage of property in favour of the Hyderabad Metro Development Authority for undertaking construction in Plot No. 50/ Part (Northern Part) and 511 Pan (Southern Part) in Sy. Nos.96/5 of Bandlaguda Jagir Village, Gandipet Mandal. Ranga Reddy District to an extent of , 253.30 Sq. Mts.. otherwise Prohibited under section 22-A of Registration Act, 1908 or any bar to such is imposed by way of injunction or Prohibition of Registration by any competent Civil Court in respect of the above stated property.

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Counsel for the Petitioner: SRI M.SALEEM, ADVOCATE

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Counsel for the Respondents: SRI B.DILEEP KUMAR, AGP FOR STAMPS AND REGISTRATION

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The Court made the following: ORDER

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HOTfBLE DT. JUSTICE 1HILLAKUR \UMAI.ATHA

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WRIT PE TITION No.1 567,5 of 2023

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ORDER

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Heard Sri M.Saleem, learned counsel for the petitioner, as well as Sri B.Dileep Kumar, learned Assistant Government Pleader for Stamps and Registration, who is representing respondent Nos. I and 2.

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Aggrieved by the action of the Registering Authority in refusing to receive and register the mortgage deed presented by the petitioner in respect of property in plot No.SO/part (Northern Part) & Sl/part (Sourhern parr.) in Sy.No.96/5 of Bandlaguda Jagir Village, Gandipet Mandal, Ranga Reddy District, in favour of the statutory authority i.e. Hyderabad Metro Development Authority (HMDA), the present Writ Petition is Iited.

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Learned counsel for the petitioner submits that harring obtained necessa-ry perm issions from a[ the authorities concerned including the G.H.M.C., the petitioner started constructions in the subject property and the petitioner thereafter, tried to mortgage a portion of the said property in favour of HMDA, but for the reasons best known, respondent No.2 is not receiving the said document for registration. Learned counsel also states that in case, the s)gjet properqy

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&l1-

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Dt a\1,) t.t/.P Na I 5675 oi 2n23

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./as prescnt in the prohibitor V list, no permissrons $ould ha'e been accorde,d by the comlletent authoritres. l.carned counsel also states that no reasons \rere assigned for not entertaining the document that was presented for registration by the petitioner, which is against the provisions of the Registration Act, 1908 and therefore, a direction to the appropriate authority to entertain the document for registratron mav be issued.

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l,earned Assistant Government pleader for Stamps and Registration submits that necessar5z orders in that regard may be given.

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Section 71 of the Registration Act, 19Og, reads as

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follows:-

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"Reasons for refusal to register to be recorded._

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(1) Every Siub-Registrar refusing to _register a document, except on ttre ground that the property to which it relates is not situate within his sub_district, shall make an order of refuse ald record hrs reasons for such order in his Book No 2, and endorse the words "registration relused,, on the document, and. on application made by any person executing or claiming under the document, shall, without paJment ald unnecessaw delay, give him a copy of the reasons so recorded.

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(2) No registering officer shall accept for registration a document so endorsed unless and until, under the

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DT.CSL,J W.P No.15675 ol 2023

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I I

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provisions hereinafter contained, the document rs directed to be registered. "

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The Registering Authoritl, is not empowered to refuse registration of document/ s except under the circumstances mentioned under the Registration Act, 19Og and the Rules made thereunder. Also, as per the version of the petitioner, no reasons were assigned for not entertarning the document which was presented for registration by him. Therefore, this Court is of the view that directions as prayed for have to be given to the public authority directing it to perform its function as required under law.

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Hence, this Writ petition is disposed of with the following direction:-

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Registering Authoritg is directed. to receiue and. regtster the document presented. bg the petitioner in respect of the subject propertg in case, the said. document complies with the prouisions of the Registration Act, 1908, and the Indian Stamp Act, 1ggg. The Registeing Authoity can refuse to register the document in case, the said. docament is prohibited. for registration under ang of the provisions of law, Rules or Regulations made thereunder. Houteuer, ttle

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reasons asslr//?.rd trtere,o]'and the decision taken shaLl be contntunicated tc, the petitioner in u-trtting. There

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shall b<: ;to order a.s lo .o.srs.

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Miscellaneous pcti l.ion s pendin

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closed

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SD/. T. SRINIVAS DEPUTY REGISy'RAR //TRUE COPY// e/ SECTION OFFICER

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To,

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The Principal Secretary, Commissioner and^{lnspector General of Stamps and} Registratidn, Secretaribt Buildings,^{Hyderabad,Stateof Telangana.}

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The Sub-Registrar, Registration^{Office, Narsingi, RangaReddy District.}

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One CC to SRI M.SALEEM,^Advocate [OPUC]

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Two CCs to GP FOR STAMPS^{ANDREGISTRATION' HighCourt for the} State of Telangana at Hyderabad [OUT]

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Two CD Copies

BSR GJP d

I ii i :I: i

HIGH COURT

DATED: 0610712023

ORDER

WP.No.15675 of 2023

oG lHE I ra{ ) a
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DISPOSING OF THE WRIT PETITION,

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WITHOUT COSTS

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Mr. Mohammed Nissar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Mr. Mohammed Nissar v. The State of Telangana

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

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Case details

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