Varthya Munni vs The State of Telangana

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

\ HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Originat Jurisdiction)
FRIDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY wRtT PET|T|ON NO. 11730 0F 2021 Between:
yartl't.ya Munni, W/o.Varthya Mangya, Aged about 67 years, Occ. Agriculture, R/o.H.No.6-22, Mokila Thanda, Shankarpally Mandal, Rahga Reddy Dislrict.
...PET|T|ONER AND
1. The State of Telangana, rep. by its Principal Secretary, Revenue Department, Secretariat at Hyderabad
2.
The District Collector, Ranga Reddy District at Khairatabad.
3. The Tahsildar -cum- Joint Sub Registrar, Shankarpally Mandal, Ranga Reddy District, ...RESPONDENTS Petition under Article 226 of the 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 particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in refusing to receive, register and release the document presented by the petitioner for registration in respect of the land in Sy.No.96/1 3 to an extent of Ac 2.06gts situated at Mokila village, Shankarpally Mandal, Ranga Reddy District on the ground that the Draft Notification issued in File No.E5/4981/20l3iShankarpally/Mokila (R.R No.97), dated 28.9.2013 issued by the 2nd respondent under Section 22-A (1) (a) of the Registration Act calling the objections and suggestions for inclusion of land in Sy.No.96/13 to an extent of Ac 2.06gts situated at Mokila village, Shankarpally Mandal, Ranga Reddy District and on verification Certificate issued in Lr.No.VRO/Mokilai2013, dated 8.4.2013 issued by the 3rd respondent is illegal, arbitrary, without jurisdiction and contrary to the provisions of Stamps and Registration Act 1908 and consequently setaside the said notifications dated 28.9.2013 issued by the 2nd respondent and Verification Certificate dated 8.4.2013 issued by the 3rd respondent.
lA NO: 1 OF 2021 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 r respondent to receive, register and release the document presented by the petitioner for registration in respect of the land in Sy. No.96/1 3 to tn extent of Ac 2.06gts situated al Mokila village, Shankarpally Mandal, Ranga Reddy District without reference to the Notification issued in File No. E5/4981120131 Shankarpally/ Mokila, dated 28,9.2O13 issued by the 2nd respondent and Verification Certificate in Lr.No.VRO/Mokilal2l13, dated 8.4,2013 issued by the 3rd respondent, pendjng disposal of the above writ petition.
Counsel for the Petitioner: SRI M. DURGA PRASAD Counsel forthe Respondents: GP FOR REVENUE The Court made the following: ORDER THE HON'BLE SRI IUSTICE A.ABHISHEK REDDY !\T{IT PETITION No.11730 of 202\

ORDER:

I learcl the learnecl counsel for the petitioner and the learned Government Pleader for Revenue for ail the respondents. With their consent, the Writ Petition is disposed of at the stage of admission.

The main grievance of the petitioner is that respondent No.3 is refusing to receive, register and release the document presented by her in respect of the subject land situated at Mokila Village, Shankarpally Manclal, Rarrga Reddy District Learned Government Pleader has stated that the official respondents will follow the procedure contemplated under Section

71 of the Registration Act, 1908.

I Section 71 of the Registration Act, 190g (for short ,the Act,)

reacls as Iollows:

Reasons for refusal to register to be recorcled. _

(1) Every Sub-Registrar refusing to register a document, except on the ground that the prop"rty to which it relates is not situated within his sub-district shall make an orcler of refusal and recorded his reasons for such order in his Book No.2, and endorse the words ,,registration refused,, on the documen| and, on application -"uau Uy any person executing or claiming under the documen! sirall, without payment and unnecessary delay, give him a copy of the reasons so recorded.

(2) No registering officer. shall accept for registration

document so endorsed urrlers a.,d until, " under the provisions hereinafter contained, the document is directed to be registered.

I In view of the above submission made by the learned Covernment Pieader coupled with the provision of Section 7l of the Registration Act, i908, the Writ perition is disposed of directing the Registering Authority to receive and process the subject document, subject to the petitioner complying with the provisions of the Registration Acr, 1908, and Indian Sramp Act, 1,ggg. ltwill be open to the Registerurg Authority to refuse/receive the document presented before him, if he has any other objection, by clul;., assigning reasons in support of such decision and communicate the said decision to the petitioner.

The miscellaneous petitions pending, if any, shall stand closed. There shali be no order !__o_,-c.As-ts-, 1s SD/.K.AMMAJ1 ASSISTANT RE ISTRAR COPY' //TRUE OFFICER SEGTTON \ state of Telangana' secretariat at Revenue Department'

'o'', The Principal Secretary'

Ransa Reddv +il:S$,ill9el:::::,f"1ffi1ffH:r',Ji,.':i:'3i[I''?ii..?'3,'f'n,andar, 5. Tn" T"ntitoar -cum the state or reransana at fula!.: BtoYl?'{J?3fi1;iti'?l'?'L?i''?}

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7 One SPare uoPY'

MP e.f HIGH COURT DATED:2211012021 ORDER 6 S 1416 Y WP.No.11730 ol'2021 c nclln?l ,J 2 F c)

.L \\, {+ , DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ \:

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