Petitioner sought a mandamus against the Sub-Registrar's refusal to register her sale deed without reasons. The court directed the registering authority to receive and register the document if it complies with the Registration Act, 1908 and Indian Stamp Act, 1899, or refuse only per lawful provisions with written reasons communicated.
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[32e6 ]
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
TUESDAY, THE NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO: 593 OF 2024
Between:
Smt. T. Seetamma, w/o. Sri. T. Narayana chary, aged about 81 years, Occupation. House Wife, R/o. House No.23-173, Radha Krishna Nagar, Malkajgiri, Hyderabad-rep by Sale Agreement cum GPA Holder sri Narra Ravindra Naidu, S/o Sri. Narsaiah, aged about 59 years, Occ. Business, Rl/o. Plot No. 138, NBH Colony, Anandbagh, Malkajgiri, Hyderabad
AND
...PET|T|ONER
...RESPONDENTS
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 a Writ Order or Direction more particularly one in the nature of Writ of Mandamus to declare the action of the respondents particularly the 2nd respondent in refusing to receive, register and sale deed in respect of House bearing No.29- 14291139 (PTIN NO. 1280768753), on Part of Plot Nos.139 and 152, in Survey Nos.289 and 290, extent 120.00 Sq.yards or equivalent to 100.32 Sq.Mtrs,having a plinth area of 1,915.00 sft RCC Roof (Ground Floor 957.5 Sq.Feet Plus First Floor 957.5 Sq.Feet), Situated at J.K.COLONY, Neredmet, Under GHMC, Malkajgiri Circle and Mandal, Medchal-Malkajgiri District as illegal arbitrary against the provisions of Registration Act and against the settled principle of law and consequently direct the 2nd respondent to receive, register and release the sale deed in respect of above property.
lA NO: 1 OF 2024
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 respondent No 2 to receive, register and release the sale deed in respect of Residential House bearing No.3o-647i5l138, (PTIN NO.4170800081). On Plot No.'138, in Survey Nos.466 to 469 and 469/1 , admeasuring 200.00 Sq. Yards., or 167.2 Sq. Mtrs., Plintn area of 800 Sq. Feet of RCC Roof and 600 Sq. Feet A.C.C. Roof, Situated at "N.B.HOUSING COLONY" under Greater Hyderabad Municipal Corporation Malkajgiri Circle, Medchal-Malkajgiri District.
Counsel for the Petitioner: SRI GUD] MADHUSUDHAN REDDY Counsel for the Respondent Nos.1 & 2: AGP FOR STAMPS AND REGISTRATION
Counsel for the Respondent No.3: SRI FARAN AZAM KHAN, SC FOR TSWB The Court made the following: ORDER
;-=
THE HON'BLE SRI JUSTICE C.V. BHASKAR REDDY
WRIT PETITION NO.593 OF 2024
ORDER:
Heard Mr. G.Madhusudhan Reddy, learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration, who is representing respondent Nos. 1 and 2.
a .,;l
2
assigned for not entertaining the document thatwas presented for registration by the petitioner, which is against theprovisions of the Registration Act, 19O8 and therefore, a directionto the appropriate authority to entertain the documentfor registration may be issued.
mentioned under the Registration Act, 190g and the Rules made thereunder. Also, as per the version of the petitioners, no reasons were assigned for not entertaining the document which was presented for registration by them. 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.
There shall be no order as to costs. Miscellaneous applications, if any, pending shall stand closed
SD/- P.PADMANABHA REDDY ASSISTANT GIS //TRUE COPY//
SECTI OFFICER
To 1 Theprincioal secretary,Revenue (stampand Registration)Department Secretariai,Hyderabad State of Telangana'
, I
HIGH COURT
DATED:0910112024
ORDER
WP.No.593 o12024
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DISPOSING OF THE WRIT PETTTION WITHOUT COSTS.
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1 issue framed by the court
Whether the Sub-Registrar could refuse to receive and register the petitioner's sale deed without recording and communicating reasons under Section 71 of the Registration Act, 1908.
5 provisions across 4 enactments
Smt. T. Seetamma
State of Telangana
The Sub Registrar, Malkajigiri
The Telangana State Wakf Board
C.V. Bhaskar Reddy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
