Telangana High Court
Patlolla Sravan Reddy vs The State Of Telangana And 3 Others on 31 March, 2023
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION No.8741 of 2023
ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, the writ petition is disposed of at the stage of admission.
2. The main grievance of the petitioner is that respondent No.3 is refusing to receive, register and release the document submitted by the petitioner for registration in respect of House constructed on Part of Plot No.B-57 in B.K. Enclave, admeasuring 175 sq. yards or 146.3 sq. meters out of 458 sq. yards in Survey No.44/4 (Old Survey No.44), situated at Maqtha Mahaboobpet Village, Serilingampally Mandal, under GHMC Serilingampally Circle, Ranga Reddy District, basing on the notification, dated 26.09.2013,
3. Learned counsel for the petitioner has submitted that on earlier occasions, this Court in Writ Petition No.17050 of 2019, dated 09.08.2019, and W.P.No.2301 of 2020, dated 05.02.2020, has passed orders directing registration of the documents presented/pending before the authorities and the subject land in 2 the present writ petition also pertains to the very same survey number.
4. The above position is not disputed by the learned Assistant Government Pleader and he fairly conceded for passing similar order in this writ petition and stated that the official respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908').
5. Section 71 of the Act, 1908 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.
6. In view of the above submissions made by both the parties coupled with the provision under Section 71 of the Act, 1908, the Writ Petition is disposed of directing the Registering Authority to receive and process the subject document, without reference to the Gazette Notification, dated 26.09.2013, subject to the petitioner 3 complying with the provisions of the Act, 1908, and the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse/receive the document/s presented before him, if he has any other objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner. It is made clear that mere registration of the document does not confer title to the property. It is also made clear that this order does not preclude the Government/District Collector to take appropriate steps as warranted by law and to assert its title. If any proceedings/suit/appeal are pending between the executant of the document/Government or any other interested party, the registration of the document will be subject to the result of that proceedings/suit/ appeal. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioner to get the subject document registered. There shall be no order as to costs.
Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.
____________________________________ MUMMINENI SUDHEER KUMAR, J Date:31.03.2023 Note:- Issue C.C. in three days.
(B/o) KH 4 THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.8741 of 2023 Date:31.03.2023 KH