Kumari. Devi Kalyani Tippan v. State of Telangana
Court: High Court for State of Telangana
Bench: C.V. BHASKAR REDDY
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2024-01-09. Kumari. Devi Kalyani Tippan v. State of Telangana. Read the judgment and case details on...
Judgment text
[ 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:660 OF 2024 Between: Kumari. Devi Kalyani Tippan, D/o: Roop Kiran Tippan, Aged about 14 years, Occ: Student, Rep By her Natural father and Guardian i. e. Roop Kiran Tippan S/o. T. Sridhar Reddy, Age 43 years, Occ: Private employee, Rl/o. H-No. 30- 656/1 , Chandragiri colony, Near Nalanda School, Krupa Complex, Old Safilguda, Malkajgiri, Hyderabad ... PETITIONER AND 'l State of Telangana, rep by its Principal Secretary, Revenue Department Secretariat, Hyderabad. 2. The Sub Registrar, Malkajigiri, Medchal Malkajigiri District 3. The Telangana state wakf Board, Rep by its Chief Executive Officer Nampally, Hyderabad. ...
RESPONDENTS Petition under Article 226 ot lhe 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 parlicularly one in the nature of Writ of Mandamus to declare the action of the respondents particularly the 2nd respondenl in refusing to receive, register and sale deed in respect of residential I Portion H. No. 3o-4661167, on Plot No. 167, (Western part) (133. 33 Sq. Yds) and Plot No. 168, (eastern pail e2. 22Sq. Yds) totally admeasuring 155. 55 Sq. Yards or equivalent 130. 06 Sq. meters (out of 400. 00 sq. yarcg) forming part of Sy. No. 466' situated at Old Safilguda, covered under block no.
30 of Malkajgiri Circle, within the limits of Greater Hyderabad Municipal corporation, Malkajigiri Mandal, Medchal Malkajigiri 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, process, register and release the sale deed in respect of residential Portion H. No. 3O-4661167 on Plot No. 167, (Western part) (133. 33 Sq. Yds) and Plot No. 168, (eastern paft) (22. 22Sq. Yds)totally admeasuring 155. 55 Sq. Yards or equivalent 130. 06 Sq. meters (out of 400. 00 sq. yards) forming part of Sy. No. 466, situated at Old Safilguda, covered under block no.
30 of Malkajgiri Circle, within the limits of GHIMC, MALKAJGIRI MANDAL, Medchal Malkajigiri district. Counsel for the Petitioner: SRI GUDI MADHUSUDHAN REDDY Counsel for the Respondent No. 1 and 2: GP FOR STAMPS AND REGISTRATION Counsel for the Respondent No. 3: SRI FARAN AZAM KHAN SC The Court made the following: ORDER l:=;. l THE HON'BLE SRI JUSTICE C. V. BHASI{AR REDDY WRIT PETITION NO. 66O 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 ar,d 2. 2. Aggrieved by the action of the second respondent-Sub- Registrar, Malkajgiri, Medchal-Malkajgiri District, in refusing to receive and register the sale deed presented by the petitioner in respect of residential portion H. No. 3O-466/ 167, on Plot No. 167 (Western part) (133. 33 sq. Yds) and Plot No. 168 (Eastern part) (22. 22 Sq. Yds) totally admeasuring 155. 55 Sq. Yards or equivalent 13O. O6 Sq.
meters (out of 4OO. OO sq. yards) forming part of Sy. No. 466 situated at Old Safilguda, covered under block No. 3O of Ma,lkajgiri Circle within the limits of Greater Hyderabad Municipal Corporation, Malkajgiri Mandal, Medchal-Malkajgiri District, the present Writ Petition is filed. 3. Learned counsel for the petitioner submits that the document presented by the petitioner for registration was not entertained by the Registering Authority for the reasons best known to it. [,earned counsel also states that no reasons were lr a assigned for not entertaining the document that was presen ted for registration by the petitioner, which is against the provisions of the Registration Act, 1908 and therefore, a direction to the appropriate authorit5r to entertain the document for registration may be issued. 4. karned Assistant Government Pleader for Stamps and Registration submits that necessary orders in that regard may be given. 5.
Section 7l of the Registration Act, 1908, reads as follows:- "Reasons for refusal to register to be recorded. - (l) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate within his sub-district, shall make an order of refusal and record his reasons for such order in his Book No. 2, and endorse the words 'registration refused" on the document; and, on application made by €rny person executing or claiming under the document, sha-ll, without payment and unnecessa-rJ. delay, give him a copy of the reasons so recorded. (2) No registering offrcer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, tl e document is directed to be registered. " 6. The Registering Authoriez 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 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, 7. In the said circumstances, this Writ Petition is disposed of directing respondent No. 2-Registering Authority to receive and register the document presented by the petitioners in respect of the subject property, in case, the said document complies with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899. The Registering Authority can refuse to register the document in case, the said document is prohibited for registration under any of the provisions of law, Rules or Regulations made thereunder. However, the reasons assigned thereof and the decision taken shall be communicated to the petitioner in writing. There shall be no order as to costs.
Miscellaneous applications, if any, pending shall stand closed. SD/. V. KAVIT A ASSISTANT \ //TRUE COPY// SECTION OFFI CER To, Malkajigiri District 1. The Sub Registrar, Malkajigiri' Medchal ,17 --4$H- /' I \ lgr,tfU**f,imm+ltg,:e,y,tp';r;',Hles,a,e. r TJ GJ s l1 lS HIGH COURT , \ I DATED:0910112024 gE srAl 1 A- ( ORDER . t 't, d 01tEB C) WP. No. 660 of 2024 * * OgqonT ':'. o DISPOSING OF THE WRIT PETITION WTHOUT COSTS. \['e Zo
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