Telangana High Court
Shaik Abdul Aziz vs The State Of Telangana on 21 February, 2024
1
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.3881 of 2024
ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.1 to 2 and Sri.Farhan Azam Khan, learned standing counsel for Wakf Board appearing for respondent No.3. With their consent, this writ petition is disposed of at the stage of admission itself.
2. This writ petition is filed seeking the following prayer:
"to declare the action of the the Respondents 2nd not receiving the document presented by the petitioner for the residential property bearing No. 30- 1470/6, on plot No.61, in survey No.461, 462 and 463 to an extent of 198.33 sq.yards or 165.80 sq.mtrs with RCC built up area 760 Sq.ft situated at Old Safilguda, Malkajigiri, under GHMC Circle and Mandal Malkajigiri, Malkajigiri/Medchal district the then Ranga Reddy district is illegal, arbitrary and against to the provisions of law and contrary rights guaranteed under 300-A of Constitutional of India and consequently direct the 2nd Respondent to entertain the registration of the Sale Deed presented by the petitioner without insisting no-objection certificate (NOC) from the 3rd Respondent."
3. Learned counsel for the petitioner submits that petitioner's father was the absolute owner of the residential property bearing No. 30-1470/6, on plot No.61, in survey No.461, 462 and 463 to an extent of 198.33 sq.yards or 165.80 sq.mtrs with RCC built up area 760 Sq.ft situated at Old Safilguda, Malkajigiri, 2 under GHMC Circle and Mandal Malkajigiri, Malkajigiri/Medchal district the then Ranga Reddy district, having acquired the same by virtue of registered Sale Deed Document No.2695 of 1995 dated 26.07.1995. It is further submitted that after demise of petitioner's father, petitioner's family being the legal heirs agreed to sell the subject property and presented sale deed document before respondent authorities for registration in favour of third party, however respondent authorities refused to entertain the document for registration without assigning any reason.
4. Learned counsel for the petitioner further submitted that it is duty bound on the part of the respondent authorities to receive, register and release the subject document and if the respondent authorities are not registering the subject document, they shall assign reasons for refusal.
5. Learned Assistant Government Pleader for Stamps and Registration fairly stated that the respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908').
Section 71 of the Act reads as follows:
Reasons for refusal to register to be recorded.--
(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated 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 any person executing or claiming 3 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."
6. Learned standing counsel for Wakf Board submitted that under Rule 239(B) of the Registration Act 1908, the Wakf Board issued list of the properties and the same was communicated to the registering authorities. It is further submitted that the registering authorities may be directed to verify the above list and thereafter pass appropriate orders in accordance with law.
7. In view of the above submissions made by both the parties coupled with the provision of Section 71 of the Registration Act, 1908 and without going into merits if the case, this writ petition is disposed of directing Registering Authority to receive, register and release the subject document, presented by the petitioner, duly verifying the list issued by the Wakf Board, under Rule 239(B) of the Registration Act 1908, as expeditiously as possible, preferably within a period of three (03) weeks from the date of receipt of copy of this order, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899. It is also 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. 4
8. Accordingly, this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.
_________________________________ JUSTICE N.V.SHRAVAN KUMAR Date: 21.02.2024.
SU