Gandu Venkat Reddy vs. The State Of Telangana - Telangana High Court, 29 January 2024

Cause title — parties, addresses and appearances

[ 3255 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY NINTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR wRtr peTlrtON NO: 31848 OF 2023 ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated irl the affidavit filed therewith, the High court may be pleased to issue a writ or order or direction more particularly one in the nature of writ Of mandamus declaring the action of the respondents in refusing to receive, process and register the Sale deeds presented by the petitioners in respect of flats bearing No.2O2 and 402 in s.R.ENCLAVE bearing H.No.3-5-136 on Plot No.167 and 16g in sy.No.369 of Attapur village, Rajendra nagar Mandal, Ranga Reddy district without any Gazette notification as bad, arbitrary, illegal, unconstitutional Between: 1. Gandu Vent<at hJOOy, S/o. Late G Ram Reddy,.Aged.about s8.y€ars' occ. Business, Ryo. H.No.3-5-1391311, Sivanagar Colony, HyderguOa vrllage, GHMC, Rajendra nagar Circle, Hyderabad 2. G Avinash Reddy, S/o. G Venkat Reddv, ^aged .about 28 .,Yg-"'q' occ'Business,Ryo.H.No.3-5-l39l3ll,SivanagarColony,.Hydergudavlllage' GHMa, Raiencira nagir Circle, Hyderabad Presently residing at USA' Rep by his G.P.A Holder Sri G Venkat Reddy. ii ...PETlrloNERS AND I 1. The State of Telan$ana, Rep. by its principal secretary, Revenue Department (Stamps and Regis'iration), Secietariat, Hyderabad 2. The commissioner and lnspector General of stamps and Rbgistrations, Telangana State, HYderabad. t 3. The District Registiar, Ranga Reddy District' I 4. The Sub-Registrarl Rajendra nagar, Ranga Reddy District' 5. The commissionei Endowment Department, Terangana state, Bogurkunta, Tilak Road, HYderabad and violation of principles of natural justice and consequently direct the 4rh respondent to receive, process, register and release the sale deeds presented by the petitioners in respect of flats bearing No.202 and 402 in 'S.R.ENCLAVE' bearing H.No.3-5-136 on plot No.167 and 168 in Sy.No.369 of Attapur village, Rajendra nagar Mandal, Ranga Reddy district without reference to the prohibitory list under Section 22-A of the Registration Act, 1908 in the interest of justice. lA NO: 1 OF 2023 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 4th respondent to receive, process, register and release the sale deeds presented by the petitioners in respect of flats bearing No.202 and 402 in 'S.R.ENCLAVE'bearing H.No.3-5-136 on plot No.'167 and 168 in Sy.No.369 of Attapur village, Rajendra nagar Mandal, Ranga Reddy district pending disposal of the writ petition. Counsel for the Petitioners: SRI C RUTHWIK REDDY Counsel for the Respondent No.l to 4: GP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.s: GP FOR ENDOWMENT

The Court made the following: ORDER

HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITIO N No.31848 of 2o23 ORDER: This writ petition is filed to declare the proceedings of respondents in not receiving, registering and releasing the sale deeds executed by the petitioner pertaining to flats bearing No.2O2 and 4O2 in S.R.Enclave bearing H.No'3-5-136 on plot No.167 & 168 in Sy.No.369 of Attapur Village, Rajendra Nagar Mandal, Ranga Reddy District without any gazette notihcation as illegal and arbitrary and consequently direct respondents to receive, register and release the sale deeds executed by the petitioner.

Heard learned counsel for the petitioner and learned Government Pleader for Stamps and Registration appearing on behalf of respondent Nos. 1 to 4 and learned Assistant Government Pleader for Endowments.

Learned counsel for the petitioner submits that the sale deed presented by the petitioner for registration was not entertained by the Registering Authority for the reasons best known to it. Learned counsel also states that no reasons were ) W.P.No.2l2l8 of202l assigned for not entertaining the document that was presented for registration by the petitioner, which is against the provisions of the Registration Act, 19O8 ald therefore, a direction to the appropriate authority to entertain the document for registration may be issued. 4. l,earned Assistant Government pleader for Stamps and Registration submits that necessar5r orders in that regard may be given.

Section 71 of the Registration Act, 19Og, reads as follows:- "Reasons for refusal to register to be record.ed._ (1) Euery Sub-Registrar refusing to register a doanment, except on tle ground that the propertg to which it relates is not sifuate within his sub_d.ist.:rct, shall make an order of refusat and record_ his reoLsons for such order in his Book No. 2, and. endorse the taord.s "registration refused-" on the document; and., on application made bg anA person executing or claiming under the document, sLnll, utitlnut pagment and- urlnecessary delag, giue him a copy of th.e reasons so recorded. (2) No registering officer shall accept for registration a docament so endorsed unless and- until,

7 3 , I W.P.No.2l2l8 of 2023 under the prouisions hereinafier contained, the document is directed to be registered."

The Registering Authority is not empowered to refuse registration of document/ s except under the circumstances mentioned under the Registration Act, 1908 and the Rules made thereunder. Also, as per the version of the petitioner, no reasons were assigned for not entertaining the document which was presented for registration by her. 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.

With the consent of learned counsel on either side, this Writ Petition is disposed of with the following direction:- Registering Authoritg is directed to receiue and regi.ster the docament presertted by tlrc petitioner in respect of the subject flats bearing No.2O2 and 402 in S.R.Enclaue beaing H.No.3-5-136 on plot No.167 & 168 iru Sg.No.369 of Attapur Village, Rajendra Nagar Manda| Ranga Reddg District, in case the said documents complA with the prouisions of the 4 W P.No.2l21E of 2021 Registration Act, 19O8, and the Indian Stamp Act, 1899. The Registering Authoritg can refuse to register the document in case, the document is prohibited for regi,stration under ang of the prouisions of lau.t, Rules or Regulations made th.ereunder. Howeuer, the reasons assigned thereof and the decision taken shall be communicated to the petitioner in wrtting. Miscellaneous petitions, if any, pending shall stand closed However, there shall be no order as to costs. . P. PADMANABHA R DDY RAR ASS]STANT REGI //// SECTION OFFICER To,

The Principal Secretary, Eevenue Department (Stamps and Registration), Secretariat, The State of Telangana, Hyderabad

The Commissioner and lnspector Gen6ral of Stamps and Registrations, Telangana State, Hyderabad.

The District Registlar, Ranga Reddy District.

The Sub-Registrarf Rajendra nagar, Ranga Reddy District.

I!'1e. C_omqissionet. Endowment Department, TelSngana State, Bogulkunta, Tilak Road, Hyderdbad 6. 7. 8. One CC to Sri O Ruthwik Reddy, Advocate [OPUC] Two CCs to GP fol Stamps And Registration-, High bourt for the State of Telangana, at Hlderabad [OUT] Two CCs to GP fot Endowment, High Court for the State of Telangana, at Hyderabad tOUTl I Two CD Conies r I t t J I I I I III I TJ GJP

HIGH COURT DATED:2910112024 ORDER wP.No.31 a+a)Jdzozt DISPOSING OF HE WRIT PETITION ttt WITHOUT COSTS. i I I e) 2 I ii$ 1,.:i I i t fl e o{* GStr \ .1,5 -. ,.'..i : i.i1. '. : ,..- v