Telangana High Court
Mogili Sunitha vs The State Of Telangana on 28 June, 2024
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.16566 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 4. 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 respondent Nos.3 and 4 in refusing to receive the document of the petitioner plot No.89/B (Part) and 90/B (Part) land admeasuring 200 sq.yds., in Sy.No.222 and 2nd petitioner for transferring the plot bearing No.192 admeasuring 233.33 sq.yds., and plot No.193 admeasuring 158.88 total admeasuring 392.21 sq.yds., both situated in Sy.No.139 at Rekurthy Village, Kothapally Mandal, Karimnagar District and petitioner Nos.3 plot bearing No.8 (Part), Sy.No.197 admeasuring 200 sq.yds., and petitioner No.4 plot bearing No.10 (Part), Sy.No.197 admeasuring 160 sq.yds., and plot No.11 (Part), Sy.No.197 admeasuring 106.66 sq.yds., total admeasuring 266.66 sq.yds., both situated at Kothapally Village and Mandal Karimnagar District for any type of transaction including Gift deed without jurisdiction and also violative of principles of natural justice and consequently direct the 3rd and 4th respondents to receive, register and release the documents presented by the petitioners for registration in respect of the aforesaid plots for the total extent."2
3. Learned counsel for the petitioner submits that petitioners have acquired the subject property through registered sale deeds. When the petitioners intended to sell the subject property and approached respondent Nos.3 and 4, the Sub- Registrar and Tahsildar refused to register the same without assigning any reasons. Petitioners have also paid challan vide receipt dated 19.06.2024.
4. 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 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 3 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."
5. 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.
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6. Learned Assistant Government Pleader 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."
7. 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 5 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 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.
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: 28.06.2024 mrm