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B. VIJAYSEN REDDY
Crystal Constructions, Rep. by its Managing Partner Mr. Khaja Mujeeb Uddin, S/o. Late Mohammed Zaheer Uddin – Appellant
Versus
State of Telangana, Rep. by its Principal Secretary, Revenue (Stamps and Registration) Department – Respondent
ORDER :
1. Since common issues are involved in all these matters, they are being disposed of by this common order with the consent of both sides at the stage of admission itself.
2. These writ petitions have been filed to declare action of various Sub Registrars in the State in refusing to receive, process, register and release the sale deeds, gift deeds etc., presented by the petitioners, on the grounds of the Memo bearing Nos.G2/257/2019 dated 26.08.2020 and dated 29.12.2020 issued by the Commissioner and Inspector General of Registration and Stamps, Telangana (hereinafter referred to as ‘C&IG’), and the Letter No.45/TP/NMC/2019 dated 01.11.2019 issued by the Commissioner, Municipal Corporation, Nizampet to the Sub Registrar, Quthbullapur, Ranga Reddy District, as being illegal, arbitrary and unconstitutional.
3. The Memo No.G2/257/2019 dated 26.08.2020 issued by the C&IG reads as under:
The court ruled that registration authorities must comply with court orders and cannot refuse registration based on previously set aside grounds.
Refusal to register documents under the Registration Act must align with statutory provisions; unsupported refusals are deemed arbitrary.
The Sub-Registrar's powers to refuse registration are limited to specific grounds outlined in the Registration Act, and any refusal based on arbitrary reasons or external pressures is unlawful.
The impugned circular and Rule 44(1)(i) were found to be contrary to sections 34 and 35 of the Registration act, 1908 and beyond the legislative competence of the respondents.
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