Gajanand P. Chawda Vs The State

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

HIGH CO,URT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
THURSDAY ,THE TWENTY FIFTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY WRIT PETITION NO: 30272 OF 2021 Betwee n:
Gaianand P. Chawda, S/o. Prernji Bhai Chawda, aged about 69 years' Octupation. Retd. Govt Employee, R/o. C/o. E 102 tvl.S.R Olive, Datta Nagar, Jambulwadi Road, Katraj, Pune City, Pune, Maharashtra ' 41 1046' ,,,PETITIONER AND The State of Telangana,, Represented by its Principal Secretary,(Registration
1 Deoartment). Secretariat, Hvderabad.
2 tn6 DistrictCollector, Rangi Reddy District, At Pragathi Bahvan , lakidikapool, Hyderabad.
a The District Registrar, Ranga Reddy District at Balanagar.
4 The Sub- Registrar, L.B. Nagar, at L.B. Nagar 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 lssue an appropriate writ, order or direction and more particularly one in the nature of writ of Mandamus declaring the action of the 4th respondent in not receiving, processing, registering and releasing the document of the petitioner with regard io Plot No.79 admeasuring 250 Sq' Yards, in Survey Nos.B7l20' BTl21 '
8f122,87123,87124 and 87/25, Situated at Ward No.B, Block No.9, Dhathu Nagar of Kharmanghat village, saroornagar Mandal, under Greater Hyderabad Municipal Corporation, L.B.Nagar Circle, Ranga Reddy District, as arbitrary, illegal, Null and void and violative of the Article 14, 19,21 and 300-4 of the constitution of lndia and consequently direct the respondent No.4 to .receive, process, register and release the document of the petitioner with regard to Plot No.79 admeasuring 250 Sq. Yards in Survey Nos.87/20, 87121 , 87122, 87123, 87124 and 87125, Situated at Ward No B, elock Nb.9, Dhatu Nagar of Kharmanghat village, Saroornagar Mandal, under Greater Hyderabad Municipal Corporation, L.B.Nagar Circle Ranga Reddy District.
IA NO: 'l 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 respondent No.4 to receive, process, register and release the document of the petitioner with regard to Plot No.79 admeasuring 250 sq. Yards _in survey irlos.BTl20, A7121 ,etn2, 87123, 87t24 & 87125, Situated at Ward No.8, Block No.9, Dhatu Nagar of Kharmanghat village, Saroornagar Mandal, Greater Hyderabad Municipal borporation, L.B.Nagar Circle Ranga Reddy District, and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice. pending disposal of the above writ petition.
Counsel for the Petitioner : SRI GOVIND REDDY KONTHAM Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER THE HOIY'BLE SRI JUSTICE A.ABHISHEK REDDY UIRIT PETITION No.3O272 of 202]

ORDER:

Heard the leamed 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'4 is not receiving, processing, registering and releasing the document presented in respect of the subject plot situated at Ward No'8, Block No.9, Dhathu Nagar of Kharmanghat Village, Saroornagar I Mandal, Ranga Reddy District.

Learned Government Plea..der has stated that the offrcial respondents will follow the procedure contemplated under Section

71 of the Registration Act, 1908.

Section 7i of the Registration Act, 1908 (for short'the ActJ reads as follows:

Reasons for refusal to register to be recorded.-

on thr: ground that the property to which it relates is not situated rvithin his sub-district shall make an order of refusal and recorded his reasons for such order in his Book No.2, and endorse the words "registration refused" on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.

(2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.

In view of tlie submission made by the learned Government Pleader coupled with the provision of Section 71 of the Registration Act, 1908, the Writ petition is disposed of direcring the Regisrering Authority to receive and process the subject document, subject to compliance of the provisions of the Indian Registration Act, 190g, and Indian Stamps Act, 1g99. it will be open to the Registering Authority to refuse/receive the document presented before him, if he has any other objection, by duly 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 shall be no order as to costs.

I SD/-T.TIRUMALA DEVI ASSISTANT REGISTRAR ,TRUE COPY//

SECTION OFFICER To, 1. The Principal Secretary,(Registration Department), State of Telangana, Secretariat, Hyderabad.

2. The District Cirllector, Ranga Reddy District, At Pragathi Bahvan , lakidikapool, Hvderabad.

3. The District Registrar, Ranga Reddy District atBalanagar, . -

4. The Sub- Reois-trar, L.B. Naqar, at L.B' Nagar Ranga Reddy Distri.ct.

5. One CC to Sii Govind Reddv Kontham, AdVocate [OPUC]

6. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT]

7. Two CD Copies

8. One Spare CoPY

HIGH COURT DATED:25/11/2021 ORDER WF.No.30272 ol 2021

1HE S I,q o e /a( l o

0 4 DEC 20Prl f .r'

.L t 'itt rr.-r.r:l i DISPOSING OF THE WP AT THE STAGE OF: ADMISSION WITHOUT COSTS LN

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