2024 Supreme(Online)(TEL) 4775
HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.20928 of 2024
ORDER:
This Writ petition is filed seeking the following prayer:-
“to declare the action of the 4th respondent in not registering the received sale deed of the petitioner in pursuance of Online Slot Booking Application No. 2400471879 dated 19.07.2024 in respect of land in Sy.No.134/1, admeasuring Ac.1.30 gts, situated at Kolkalapalle Village, Madgul Mandal, Ranga Reddy District, as illegal, arbitrary and violation of Articles 14, 19, 21 and 300-A of the Constitution of India and against to the provisions of Registration Act, 1908 and contrary to the orders of this Honble Court held in W.P.No.16799 of 2024 and Batch dated 09.07.2024 as such seek compliance of this Honble Court order as it judgment in rem on par presidential guidance of this court orders followed by Apex Court judgment and consequently direct the 4th respondent to receive and register the sale deed of the petitioner.”
2. Today when the matter has been taken up for hearing, learned counsel for the petitioner submitted that this Court vide order dated 07.08.2024 has passed the following order:-
“This Court in detail had passed guidelines in order dated 09.07.2024 in W.P.Nos.16799 of 2024 and batch and inspite of the same, the respondent No.4 without understanding the purport of the orders and the duties which have been cast on the Sub- Registrars while dealing with the registration of the documents presented by the citizens who ever approached, the respondent No.4/Thahsitdar, Madgut Mandal has simply issued instructions stating that in view of the family disputes, the writ petition has to be dismissed and no where stated on what basis the Sub-Registrar has denied registration that shows the indifferent attitude of the respondent No.4 in dealing with the issues raised by the parties when ever they approach for registration. In the case on hand, the petitioner has already booked a slot thereby a sale deed has been generated from the Dharani Website Portal on 19.07.2024 and that stamp duty has been paid vide challan No.REG2400458279 for an amount of Rs.39,187/-. When the slot was already booked on 19.07.2024, the respondent No.4 is duty bound to pass appropriate orders strictly in accordance with law under Section 71 of The Indian Stamp Act, 1899 and The Registration Act, 1908.
The Thahsildar & Joint Sub-Registrar, Madgul Mandal/Respondent No.4 is obligated to discharge his statutory duties mentioned in Part Xl of the Act and consider registerability of the sale deed but he did not adhere to the same and also violated the guidelines passed by this Court in W.P.No.16799 of 2024 and batch dated 09.07.2024, as such it is apparent on the face of the record that the respondent No.4 has clearly violated the statutory provisions cited supra as well as orders passed in W.P.No.16799 of 2024 and batch.
ln view of the indifferent attitude of the respondent No.4 and dereliction towards discharge of his duties, and disobedience to the order passed by this Court in W.P.No.16977 of 2024 and batch dated 09.07.2024, The Thahsildar & Joint Sub-Registrar, Madgul Mandal/Respondent No.4 is directed to pay a fine of Rs.5,000/- to the petitioner, within a period of (02) weeks from the date of receipt of copy of this order.”
Learned counsel for the petitioner further submitted that the aforesaid order is complied with and subsequently the subject document is registered and submitted that no further orders are required in this writ petition and pray this Court to close the writ petition.
3. Recording the submission made by the learned counsel for the petitioner, this Writ Petition is closed.
Miscellaneous applications, if any pending, shall stand closed. No order as to costs.
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N.V.SHRAVAN KUMAR,J
21.08.2024