Telangana High Court
Kayala Prabhakar Reddy vs The State Of Telangana on 18 November, 2023
Author: Chillakur Sumalatha
Bench: Chillakur Sumalatha
HON'BLE Dr. JUSTICE CHILLAKUR SUMALATHA
WRIT PETITION No.31916 of 2023
ORDER:
1. This Writ Petition is filed seeking the Court an order in the nature of Writ of Mandamus to declare the action of the Registering Authority in refusing to receive, register and release the Sale Deed dated 05.02.2020 that is presented by the petitioners in respect of Plot No.368, admeasuring 200 square yards, located in Sy.No.255 of Paradise Valley, Pedda Amberpet Village, Abdullapurmet Revenue Mandal, Ranga Reddy District, as illegal and arbitrary and consequently to set-aside the impugned Refusal Order No.2 of 2020, dated 12.02.2020 and to direct the Registering Authority to receive and register the sale deed presented by the petitioners in respect of the subject property.
2. Heard Sri Palle Nageswar Rao, learned counsel for the Writ Petitioners as well as Sri B.Dileep Kumar, learned Assistant Government Pleader for Stamps and Registration, who is representing Respondent Nos.1 to 4.
3. Learned counsel for the petitioners submits that the petitioners purchased the subject property and a Sale Deed 2 Dr.CSL,J W.P.No.31916 of 2023 was executed to that effect and the same was presented for registration. However, the Registering Authority refused to register the sale deed and passed a Refusal Order No.2 of 2020, dated 12.02.2020. Learned counsel states that the said refusal order is based on the interim order granted by this Court through orders in W.P.M.P.No.49345 of 2014 in W.P.No.39329 of 2014 and the subsequent orders passed by the Joint Collector. Learned counsel states that the Writ Petition itself i.e., W.P.No.39329 of 2014 was disposed of by this Court on 17.08.2017 and thus, basing on an interim order passed in the Writ Petition, refusal of Sale deed presented by the petitioners is unsustainable.
4. Learned Assistant Government Pleader for Stamps and Registration did not deny the fact of disposal of Writ Petition i.e. W.P.No.39329 of 2014, dated 17.08.2017. Therefore, the refusal order passed, which is based on the order rendered in Interlocutory Application, is unsustainable.
5. Section 71 of the Registration Act, 1908, reads as follows:-
"Reasons for refusal to register to be recorded.--3
Dr.CSL,J W.P.No.31916 of 2023 (1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situate 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."
6. Having regard to the provision of law enunciated above and as the ground for refusal is unsustainable, the Refusal Order No.2 of 2020, dated 12.02.2020, is set-aside. The Registering Authority is directed to go through the contents of the Sale Deed presented for registration by the petitioners, apply the provisions of law, more particularly, the Registration Act, 1908 and the Indian Stamp Act, 1899, register and release the Sale deed presented by the petitioners, if the said document is in compliance with the provisions of law. However, the Registering Authority will 4 Dr.CSL,J W.P.No.31916 of 2023 have power to refuse registration in case, there are any other grounds for such refusal. However, such a refusal order shall indicate the grounds for refusal. Also, the Registering Authority is directed to intimate the grounds of refusal to the petitioners. The Registering Authority is specifically directed to pass orders without reference to the orders in W.P.M.P.No.49345 of 2014 in W.P.No.39329 of 2014. However, the findings given in the final order that is passed by this Court in W.P.No.39329 of 2014, dated 17.08.2017 and the orders passed by the Revenue Divisional Officer regarding subject land shall be taken care of. The Registering Authority shall also verify about the applicability of order passed by the Joint Collector-I, Ranga Reddy District in case No.F1/441/2009, dated 23.08.2014.
7. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs.
Miscellaneous petitions pending, if any, shall stand closed.
________________________________________ Dr. JUSTICE CHILLAKUR SUMALATHA Date:18.11.2023 ysk