Telangana High Court
Endra Bagya Laxmi vs The State Of Telangana on 15 April, 2024
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.9413 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 7. 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 proceedings of the 7th respondent No.B/1582/2018 dated 26.07.2018 and consequential action of the respondent No.4 in not receiving and issuing challan for registration of the sale deed documents of the writ petitioners herein pertaining to their residential plots under the guise of said proceedings of the respondent No.7, as illegal, arbitrary and contrary to contrary to section 17 read with 22 A and section 71 of Indian Registration Act and consequently direct the respondents to receive and admit the sale deed documents of the writ petitioners 1 to 10, the Petitioner No.1 Plot No.93 admeasuring 267.22 square yard in Sy No.153, Petitioner No.2 Plot No 8 part admeasuring 242.00 square yard in Sy No.62, Petitioner No.3 Plot No.102 and 103 part admeasuring 242.00 square yard in Sy No.123, Petitioner No.4 plot No.220 admeasuring 266.66 Square Yards Sy No.15, Petitioner No.5 Plot No.156 admeasuring 266.66 square yard in Sy No.14, Petitioner No.6 Plot Nos 42 admeasuring 266.66 square yard in Sy No.14, Petitioner No.7 Plot No.95 admeasuring 267.22 square yard in Sy No.153, Petitioner No.8 Plot No.42 admeasuring 200.00 Square Yards in Sy No.130, Petitioner No.9 Plot No.02 admeasuring 65.62 square yards in Sy No.79/A, Petitioner No.10 Plot No.15 admeasuring 726.00 square yard in Sy No.80, Respectively of Rekurthy Village and Gram Panchayat KothapalliMandal and ZillaParishad and within Municipal Corporation and District Karimnagar, by setting aside the proceedings of the 7th respondent No.B/1582/2018 dated 26.07.2018."2
3. Learned counsel for the petitioners submits that the Petitioner No.1 is the owner of the Plot No.93 admeasuring 267.22 square yard in Sy No.153, Petitioner No.2 is the owner of the Plot No 8 part admeasuring 242.00 square yard in Sy No.62, Petitioner No.3 is the owner of the Plot No.102 and 103 part admeasuring 242.00 square yard in Sy No.123, Petitioner No.4 is the owner of the plot No.220 admeasuring 266.66 Square Yards Sy No.15, Petitioner No.5 is the owner of the Plot No.156 admeasuring 266.66 square yard in Sy No.14, Petitioner No.6 is the owner of the Plot No.42 admeasuring 266.66 square yard in Sy No.14, Petitioner No.7 is the owner of the Plot No.95 admeasuring 267.22 square yard in Sy No.153, Petitioner No.8 is the owner of the Plot No.42 admeasuring 200.00 Square Yards in Sy No.130, Petitioner No.9 is the owner of the Plot No.02 admeasuring 65.62 square yards in Sy No.79/A, Petitioner No.10 is the owner of the Plot No.15 admeasuring 726.00 square yard in Sy No.80, Respectively of Rekurthy Village and Gram Panchayat KothapalliMandal and ZillaParishad and within Municipal Corporation and District Karimnagar, having acquired the same through registered sale deeds dated 11.05.2006, 27.03.2006, 17.01.2006, 27.08.2005, 14.09.2012, 01.04.2004, 12.12.2017, 29.12.2017, 08.03.2004 and 24.09.1996, respectively. It is further 3 submitted that petitioners with an intention to sell the subject property executed sale deed and by duly enclosing challan vide receipts dated 26.02.2024, 01.03.2024, 12.03.2024, 20.03.2024, 21.03.2024, 22.03.2024, 26.03.2024, 02.04.2024 respctively, approached the Registering Authorities for registration, however Registering Authorities refused to entertain the subject documents for registration without assigning any reasons.
4. Learned counsel for the petitioners 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 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 4 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 petitioners further submitted that it is duty bound on the part of the Registering Authorities to receive, register and release the subject documents and if the Registering Authorities are not registering the subject documents, they shall assign reasons for refusal.
6. Learned Assistant Government Pleader fairly stated that the Registering 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 5 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 documents, subject to the petitioners 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 Authority to refuse to register the subject documents, by specifically assign the reasons in terms of Section 71 of the Act, 1908 and communicate the said decision to the petitioners.
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: 15.04.2024.
SU