Telangana High Court
Syed Rafi Uddin Quadri vs The State Of Telangana on 26 June, 2024
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.15994 of 2024
ORDER:
Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos.1 to 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 respondents more particularly Respondent No.3 in not receiving, registering and releasing the Sale Deeds documents presented by the petitioner in respect of the open Plot No.74/B admeasuring 285 Sq. Yards or 238.26 Sq. meters in Sy.No.57 (as per the document) (57/AA as per the new pattedar pass book) in Sy.No.57 (As per Dcoument) 57/EE (as per Pattedar pass book) in SR Homes situated at Kacharam village, and Gram Panchayat, Shamshabad Mandal, Ranga Reddy district, as illegal, arbitrary, unjust, unconstitutional, violation of Principles of natural Justice and also contrary to the provisions of Section 71 of Registration Act, 1908 and consequently direct the respondent Nos.2 and 3 to receive, register and release the sale deeds documents presented by the petitioner in respect of the subject plot forthwith."
3. Learned counsel for the petitioners submits that they have purchased the land of (i) Ac.2-00 Gts in Sy.No.57 (as per the document) (57/AA as per new pattedar pass book (ii) Ac.1-00 in Sy.No.57 (as per document) 57/EE (As per pattedar Pass book) respectively total comes to Admeasuring Ac.3-00 situated at Kacharam village and GP Shamshabad Mandal, Ranga Reddy district bounded by North: Land of Biological E.Ltd., South: Land of Sarvar Hussain, East: Land of SR Homes in Sy.No.57, West: Land of Vendor in 2 Sy.No.57 from their vendor V. Sathaiah, S/o V. Anthaiah through Registered document No.11677 of 2019 dated 27.08.2019. It is further submitted that after purchasing the said land they are in peaceful possession of the above land and made fit for plotting by paying requisite fee to the revenue authorities and taken NALA Permission and made into plots and to sell away the said plots and offered to sell the above said plots to the prospective purchasers namely Mrs. Heena Kausar, W/o Mohd. Wajeehuddin who intended to purchase the open plot No.74/B admeasuring 285 square yards or 238.26 square meters in Sy.No.57 (as per document) (57/AA as per the new pattedar pass Book) in Sy.No.57 (As per Document (57/EE(as per Pattedar pass book) in SR Homes situated at Kacharam village and Gram Panchayat, Shamshabad Mandal, Ranga Reddy District.
4. Today when the matter is called, the learned counsel for the petitioners submits that the main grievance of the petitioners is that when the petitioners approached the respondent authorities for registration of the document duly enclosing challan vide receipt dated 22.06.2024, respondent authorities are not registering the document and simply refusing to entertain the subject document for registration without assigning any reason.
5. Learned counsel for the petitioner has drawn attention of this Court to the order passed in W.P.No.44223 of 2018 and batch dated 22.03.2022, the Paragraphs Nos.15, 16 and 17 are extracted hereunder under:-
"15. This Court agrees with the contention of Mr.Srinivasa Rao Putluri, learned counsel. The said note dated 28.07.2018 was 3 merely issued as a letter to the Sub-Registrar, Gangadhara, 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 CCA Module. A notification as required under Section -22A (e) was not issued. Further, the said note dated 28.07.2018 does not specify any reasons as to why the documents should not be registered in terms of Section -71 of the Act, 1908 and Rule- 58 of the Rules, Therefore, the said note dated 28.07.2018 is set aside.
16. Considering the entire facts and also in view of the above discussion, more particularly, the fact that the land in the subject writ petitions is not covered by the land in the batch of writ petitions of 2003 and also considering the memo dated 18.11.2021 filed by Mr. G.V. Mallikarjuna Rao, learned counsel for respondent No.6, these writ petitions are disposed of. As per Rule - 58 of the Rules, it is relevant to note that the Registering Authorities have no right to enquire about the validity of a document. It is also relevant to note that mere registration of a document will not entitle the petitioner to claim right over the subject property as it is only conveyance of property and it will not create any right. The writ petitions, in which the Registering Authorities have already entertained the documents and released the same on completion of registration formalities, are disposed of in terms of interim orders granted by this court in the subject writ petitions. The Registering Authorities are directed to receive the documents produced by the petitioners and complete the registration formalities, if the same are otherwise in order. If the Registering Authorities refuse to register the documents, he/she has to specifically assign reasons in terms of Section - 71 of the Act. 1908.
17. With the above said directions, all these writ petitions are disposed of. However there shall be no order as to costs."
6. 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.
7. Today in the morning session, when the matter is taken up, Learned Assistant Government Pleader for Stamps and Registration sought time to get 4 instructions and the matter is passed over. Later, Learned Assistant Government Pleader for Stamps and Registration, on instructions informed this Court that the petitioners have not submitted the document and if the petitioners submits document they are ready to register the same. He further fairly stated that the respondent authorities may be directed to 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 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."
8. Recording the above submission made by learned counsel on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899, as expeditiously as possible, preferably within a period of three (03) weeks from the date of receipt of copy of this order. It is also open to the Registering 5 Authority to refuse to register the subject document, by specifically assign the reasons in terms of Section 71 of the Act, 1908 and communicate the said decision to the petitioner.
9. 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:26.06.2024 VRKS