Telangana High Court
Uppu Jalapathi vs The State Of Telangana on 23 June, 2022
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.26587 OF 2022
ORDER:
Heard both sides and perused the material on record.
02. This Court in W.P.No.44223 of 2018 and batch, Order dated 22.03.2022, considered the issue of non-registration of properties in Rekurthi Village, Karimnagar District.
03. It is submitted by the learned counsel for the petitioner that 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 the learned Government Pleader for Revenue.
04. Learned counsel for the petitioner submits that proceedings No.B/1582/2018 dated 26-07-2018 was addressed by the Tahsildar, Kothapally to the Sub-Registrar, Gangadhara, Karimnagar, restraining registration of properties. It is further submitted that in the said proceedings No.B/1582/2018 dated 26- 07-2018 there are no specific reasons as to why this document should not be registered in terms of Section - 71 of the Act, 1908 and Rule - 58 of the Rules.
05. As far as the proceedings No.B/1582/2018 dated 26-07- 2018 is concerned, it was contended by learned counsel for the petitioners that it was against Section - 22A of the Act, 1908. According to him, no notification was issued as required under Section - 22A (e) prohibition the registration of documents. 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 the 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 proceedings No.B/1582/2018 dated 26-07-2018 is set aside.
06. In view of the above submissions, it is relevant to refer to Section - 71 of the Act, 1908 and also Rule - 58 of the Telangana Rules under the Registration Act, 1908 (for short 'Rules'):
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.
"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;
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."
07. In view of the above submissions made by both the parties coupled with the provision of Section 71 of the Registration Act, 1908 and Rule - 58 of the Telangana Rules under the Registration Act, 1908, this Writ Petition is disposed of directing the Respondent No.4 to receive, process, register and release the document submitted by the petitioner and complete the registration formalities, if the same are otherwise in order, within a period of four 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 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.
As a sequel, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
_____________________________ N.V.SHRAVAN KUMAR, J Date: 23-June-2022 KHRM THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.26587 OF 2022 Date: 23-June-2022 KHRM