Telangana High Court
Smt.Durgam Rajitha vs The State Of Telangana And 3 Others on 28 July, 2022
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION No.30782 of 2022
ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission.
2. This Court in W.P.No.44223 of 2018 and batch dated 22.03.2022 considered the issue of non-registration of properties in Rekurthi Village, Karminagar District.
3. It is submitted by learned counsel for the petitioner that the subject matter of this writ petition is squarely covered by the order passed by this Court in W.P.No.44223 of 2018 and batch, dated 22.03.2022. The same is not disputed by learned Government Pleader for Revenue.
4. Learned counsel for the petitioner submits that Endorsement No.PC/3187/2018, dated 28.07.2018, was addressed by the District Registrar of Assurance, Karimnagar, to the Sub-Registrar, Gangadhara, Karimnagar, restraining registration of properties. It is further submitted that in the endorsement, referred to above, there are no specific reasons as to 2 why the subject document should not be registered in terms of Section 71 of the Indian Registration Act, 1908 (for short, 'the Act, 1908') and the Rule 58 of the Telangana Registration Rules made under the Registration Act, 1908.
5. As far as the endorsement, dated 28.07.2018, is concerned, it was contended by learned counsel for the petitioner that it was against Section 22-A of the Act, 1908. According to learned counsel, no notification was issued as required under Section 22-A (e) of the Act, 1908 prohibiting registration of the documents. The endorsement dated 28.07.2018 was merely issued on a letter addressed to the Sub-Registrar, Gangadhara, Karimnagar, instructing to watch in respect of survey numbers appended thereto and restrain all registrations pertaining to those survey numbers until they are entered into list of prohibited properties in the CCA Module. A notification as required under Section 22-A (e) of the Act, 1908 was not issued. Further, the said endorsement does not specify any reason as to why the documents should not be registered in terms of Section 71 of the Act, 1908 and Rule 58 of the Registration Rules. Therefore, the said endorsement, dated 28.07.2018, is liable to be set aside. 3
6. In view of the above submissions, it is relevant to refer to Section 71 of the Act, 1908 and also the Rule 58 of the Telangana Registration Rules made under the Registration Act, 1908.
7. 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 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.
Rule 58: It forms no part of a Registering Officer's duty to enquire into the validity of a document brought to him for registration or to attend to any written or verbal protest against the registration of a document based on the ground that the executing party had no right to execute the document; but he is bound to consider objections raised on any of the grounds stated below:
(a) that the parties appearing or about to appear before him are not the persons they profess to be;
(b) that the document is forged;4
(c) that the person appearing as a representative, assign or agent, has no right to appear in that capacity;
(d) that the executing party is not really dead as alleged by the party applying for registration; or
(e) that the executing party is a minor or an idiot or a lunatic."
8. In view of the above submissions made by both the parties coupled with the provision of Section 71 of the Indian Registration Act, 1908 and the Rule 58 of the Registration Rules, this writ petition is disposed of directing the registering authority to receive and process the document submitted by the petitioner and complete the registration formalities, if the same are otherwise in order, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and the Indian Stamp Act, 1899. It will be open to the registering authority to refuse/receive the document presented before the registering authority, if the authority has any other objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner.
Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
____________________________________ MUMMINENI SUDHEER KUMAR, J Date:28.07.2022 KH 5 THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.30782 of 2022 Date:28.07.2022 KH