Chittimalle Omprakash Vs The State of Telangana

¶1

[³³⁰² ]

¶2

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

¶3

WEDNESDAY, THE EIGHTEENTH DAY OF JUNE TWO THOUSAND AND TWENW FIVE

¶4

PRESENT

¶5

THE HONOURABLE SRI JUSTICE K. SARATH

¶6

WRIT PETITION NO: 167't8 OF 202s

¶7

Between:

¶8

1 Chittimalle Qmprakash, S/o. Bhadraiah, Aged about 60 years, Occ. Business, Rl/o- Flat No. G-1, Vijaya Sree Torirers, Sainadhapuram, Malkajgiri, Hyderabad

¶9

2 Chiftimalle Mahesh, Slo. Late Chittimalla Krishna Murthy, Aged about 44 years, Occ. Business, R/o. House No.2-2-1 1671312, Tilak N-agar] Hyderabad

¶10

...PETITIONERS

¶11

AND

¶12

1 The State of Telangana. Represented by its principal Secretary (Stamps and Registration), Secretariat, Hyderabad

¶13

2 The Sub-Registrar, Ivlalkajgiri, Medchal Malkajgiri Diskict

¶14

3 The Telangana State Wald Board, Rep. by its Chief Executive Officer, Huz House, Nampally, Hyderabad.

¶15

...RESPONDENTS

¶16

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed theiewith, the High Court may be pleased to issue Writ or direction preferably Writ of Mandamus, declaring the action of the Respondent No.2, in not receiving, registering and releasing the subject Sale Deed presented in respect of Residential Premises No.29-1382/33, on Plot Nos.39 Part and 40, admeasuring an area of 2j9.24 Sq. yards or 1g3.2g Sq.tVleters, with- 150 SFT of AC Sheet, under Survey Nos.291, 306 and 309, Situated at SAMATHA NAGAR, Neredmet, within the limits of Greater Hyderabad Municipal Corporation, lValkajgiri Circle and Mandal, Medchal-Malkajgiri District, is illegal, arbitrary and contrary to provisions of law and violation of Article 300-4 of the Constitution of lndia, and consequently direct the Respondent No.2 to receive, process, register and release the subject Sale Deed/ any other deeds

¶17

that may be^{pr:se^t:cby the petitioner in respect of ResidenlialF remises No.29-} 1382133, on Plot^{l,lcs.39 Part and 40, admeasuring an area of 219.24 Sq. Yards} or 183.28 Sq.l\lete'r-',^{with 150 SFT of AC Sheet, under SurveyNr s 291' 306 and} 309, Situated at^{ljA.IVATHANAGAR, Neredmet,within th: linrits of Greater} Hyderabad^{lr.4 ur rC p:rl corporation, Malkajgiri circle rand lu4ardal,tvedchal-} tv{alkajgiri Dist ri,;t^{u/ithout insistingNo-objectioncertificate(l'Joc) from the} Respondent^N,).:1.

¶18

lA NO: 1 OF 2tt2s

¶19

Petition unc,()- section^{151 CPC praying that in the circumslances statedin} the affidavit^{f ile} l^{irr support of the petition,the Highcou rt n ay be pleased} pleased to dirt:c ll'rt: Respondent No.2^{forthwithto receive, process, registerand} release the st ble:t Sale^{Deed/ any other deedspresentedby the petitioner in} respect of Resi,lerlal Premises^{No.29-1382/33,on Plot Nos.3lPart and 40,} admeasuring^zrn ;r€zr^{of 219.24Sq. Yards or 183.28 Sq.lVeters.} "vith^{150 SFT of} AC Sheet, unde-:;trrvey^{Nos.291,306 and 309, Situatedat SAN'ATHA NAGAR,} Neredmet, with n the limits of^{GreaterHyderabad Municip;rlcorporation,} Malkajgiri circ le :rc^{Mandal,tVledchal- IVlalkajg iri Distrir;t,r,vitho,rt insisttngNo-} objection Cert fir;a1e^{(NOC) from the RespondentNo.3, pen'lingdisposalof the} writ petition in the irt:rest of lustice-

¶20

Counsel for the Politioner^{: SRISUBBA RAO VADREVU}

¶21

Counsel for the Fr:r;pondents^{No.1&2:ASST.GP FORSTAMPS&IIEGISTRATION} Counsel for thre Re:;pondent^{No.3: SRIFARHANAZAM KHAN, Srl FORWAKF} The Court marle, lhe following: ORDER

¶22

I

¶23

THE HONOURABLE SRI JUSTICE K.SARATH

¶24

WRIT oNNo.16718 of 2o2s

¶25

ORDER:

¶26

Heard learned counsel for the petitioners and learned Assistant Government pleader for Stamps and Registration appearing for the respondent Nos.l and 2 and.Mr. Farhan Azam Khan, learned Standing Counsel for the respondent No.3. With their consent, this writ petition is disposed of at the stage of admission itself.

¶27

Aggrieved by the action of the respondent No.2 in not receiving, registering and releasing the subject sale deed in respect of residentia_l premises bearing No.29-13g2 /33 in PIot Nos.39 part and 40, admeasuring to an extent of 219.24 Sq.yards or 1g3.2g Sq.meters, with 150 Sq.ft. of AC sheet, in Survey Nos.291,306 and 309, situated at Samatha Nagar, Neredmet, within the limits of GHMC, Malkajgiri Circle and Mandal, Medcha_l_Malkajgiri District, the petitioners filed the present writ petition.

¶28

.!-

¶29

SK, J vv'F . 16718 2025

¶30

Lt:ar-Lr:,1 Assistant Government Pleader lor Stamps and RelJi-.;tration submits that without :rer.renting the documr:rLt, the petitioners have approachecl this Court seekin[,; r,::girstration of the document. If the petitioners presenl tfL,: szlme before the Registering aul.hority, the responrle rL L ; sha-ll receive the sarne and follow the procedu r e i1s contemplated under Section 71 of the Registr,rtrrtrr Act, 1908 (for short, the Act, 1gl8J

¶31

Ttre llr:r:tion 71 of the Act, 1908, reads as fc,llows:

¶32

I,lcir;rns lor refusal to register to be recordr:d..-

¶33

( I livcn, Sub-Registrar refusing to regrs ler a

¶34

c c(:rr3renl, except on the ground that the Fropcrty to

¶35

r. hi,:''r it. relates is not situated within his subc.ir;t^-rcr shall make an order of refusal anc. rc,< orded t,i-; reasons for such order in his Book \c . . and e ncl,r^-se the words "registration refirsed" otr the co(rlncnt; and, on application made t>y a:ry [rerson cx:crrtins or claiming under the docume nt, shall, v'i .hcut payment and unnecessary delty, glivr: :um a cor,r of the reasons so recorded.

¶36

(:2) lkr registering officer shall acceptrftrr regist-ation a clr:urrent so endorsed unless and urtil, -t.d:rr the provir;ions hereinafter contained. the documr nt is d ir,: r:te d lo be registered.

¶37

SK, J wP 167 ta 202s

¶38

In view of the above made submissions coupled with the provision under Section 7l of the Act, 1908, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioners complying with the provisions of the Act, 19O8 as well as the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the document presented before him, if he has any objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioners. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioners to get the subject document registered. There shatl be no order as to costs.

¶39