Telangana High Court
Bhrungi Shireesh Kumar vs The State Of Telangana on 12 August, 2024
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.111 OF 2023
ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.1 to 5.
2. This writ petition is filed to declare the action of respondent No.5 in passing refusal order vide No.115 of 2018 dated 31.12.2018 in furtherance of the letter No.JC- 1/Peshi/Spl/2009 dated 20.02.2009 including the plot of the petitioner House bearing Municipal No.5-8-50/138/A, constructed on Plot No.138/A North Part, admeasuring 250 sq.yds., at Sy.No.200 of Sreepuram Colony at Sahebnagar colony, Hayathnagar Mandal, Ranga District in prohibitory list under Section 22(A) of the Act as illegal arbitrary and further direct respondent No.5 to register and release the sale deed.
3. Today when the matter has been taken up for hearing, learned counsel for the petitioner submits that writ petition is squarely covered by the order passed by this Court in W.P.No.16109 of 2024 dated 19.07.2024, relevant paragraphs are extracted hereunder:-
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"13. As such, the letter dated 10.06.2021 in Lr.No.E5/2825/2021 and the similar letter dated 29.09.2021 in which reference of letter dated 10.06.2021 was made, are only letters submitted by District Collector, Ranga Reddy District to District Registrar, Registration & Stamps Department, Ranga Reddy District for taking further necessary action and that cannot be the basis for refusal for registration of the subject property. It is also pertinent to note that subsequently, no notification was issued by respondent authorities with respect to the list of lands mentioned in the letter dated 10.06.2022. In view of the same, letter dated 10.06.2021 in Lr.No.E5/2825/2021 and the similar letter dated 29.09.2021 submitted by District Collector, Ranga Reddy District to District Registrar, Registration & Stamps Department, Ranga Reddy District are not in consonance to the provisions of Section 22-A of the Act and 22(A)(1)(e) and Clause (vi) of the guidelines and the same cannot be referred for the purpose of denying registration of the subject properties.
Consequently, reference made vide Lr.No.E5/2825/2021, dated 10.06.2021 and similar letter dated 29.09.2021 are per se illegal, arbitrary and bad in law and are hereby set aside and writ petition stands allowed. Registering Authorities are directed to receive, register and release the sale deed presented by the petitioner in respect of the subject property, 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 to register the subject document, by specifically assigning the reasons in terms of Section 71 of the Act, 1908 and communicate the said decision to the petitioner.
14. Needless, to state that respondent Authorities shall scrupulously follow the directions and shall not further refer to the Lr.No.E5/2825/2021 dated 10.06.2021and similar letter dated 29.09.2021 as a reason for refusal of registration and Registering Authorities shall verify the same before denying the registering on the similar ground which has already been addressed in this writ petition. It is made clear that mere registration of the document does not confer title on the subject property and it is also made clear that this 3 order would not have any bearing on all those matters where title/rights of the parties are pending before the authorities either in revision/appeals for adjudication and in any other case this order also does not preclude the parties in asserting their rights before a competent Court of law.
15. Accordingly, writ petition is allowed with the above observations."
4. Learned counsel for the petitioner further pray this Court to pass similar orders as passed in W.P.No.16109 of 2024 dated 19.07.2024.
5. Learned Assistant Government Pleader appearing for respondents has not disputed the same.
6. Recording the submissions made by the learned counsel appearing on either side and in terms of order passed by this Court in W.P.No.16109 of 2024 dated 19.07.2024, this writ petition is allowed by setting aside the refusal order No.115/2018 dated 31.12.2018, and the Registering Authority is directed to receive, register and release the subject document presented by the petitioner in respect of the subject property, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899. It is made clear that if the said document cannot be registered for any other reasons, the Registering Authority shall record and communicate 4 the same to the petitioner. It is also made clear that mere registration of the document does not confer title on the subject property and this order would not have any bearing on all those matters where title/rights of the parties are pending before the authorities either in revision/appeals for adjudication and in any other case this order also does not preclude the parties in asserting their rights before a competent Court of law.
7. Accordingly, this writ petition is allowed. Miscellaneous applications, if any pending, shall stand closed. No order as to costs.
_________________________________ JUSTICE N.V.SHRAVAN KUMAR Date: 12.08.2024 mrm