Telangana High Court
Bollapally Srinivas Raju vs The State Of Telangana And 3 Others on 12 October, 2022
THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION No.14699 of 2020
ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for the Revenue appearing for the respondents.
2. This writ petition is filed aggrieved by the proceedings No.2363/G1/2020, dated 15.06.2020, issued by the respondent No.3 confirming the orders passed by respondent No.4 in letter No.1/2020, dated 20.01.2020, wherein the sale deed presented by the petitioner for registration of land admeasuring 6534 sq. yards situated in Survey Nos.360 and 363 situated at Pasmamla Village, Abdullapur Revenue Mandal, Ranga Reddy District, was refused to be registered by the respondent No.4 and the same was confirmed by the respondent No.3. The reason assigned for refusing to register the said document is as under:
"The document purposing to be a sale for
Rs.52,28,000/- was presented for registration on
25.10.2019 by Smt. Veerabomma Dhanalakshmi Gupta, W/o. Late V. Narasimha (2) others, Executants of the document with request to register the document. The property stated in the schedule of property is Survey No.360 and 363, extent 6534 sq. yards or 5463.07 sq. 2 meters situated at Pasmamla Village, Abdullapurmet Mandal, Municipality, Ranga Reddy District.
The parties did not produce the title deed and pattadar passbook containing the Survey Nos.360 and 363, extent 6534 sq. yards or 5463.07 sq. meters situated at Pasmamla Village, Abdullapurmet Mandal, Municipality, Ranga Reddy District, and the said Survey Numbers are not found in the web land/Dharani web site, which is mandatory as per Section 6 (B) of the A.P. (T.S.) Record of Rights in Land and Pattadar Passbooks (Amendment) Act, 1994, further the Government issued Memo No.10930/Regn.I/A1/2013-1, dated 23.03.2013, and the Commissioner and Inspector General (Reg. & Stamps) Circular Memo No.G3/3247/2018, dated 01.05.2019, was also issued instructions stating that "whenever huge lands are shown in square yards, the Sub Registrar invariably refer web land (Dharani) and find found the real owners as per the revenue records and insist upon conversion certificate of agriculture land into non-agriculture land issued by the competent authority". The parties did not submit NALA certificate nor produced title deeds-cutm- pattadar passbook and the said survey numbers are not appeared in Dharani/web land.
Hence, this document is refused for registration under Section 6 (D) of the A.P. ROR Act, 1971 and under the provisions of the Registration Act, 1908, as the above said mandate is not complied with."
3. It is the contention of the learned counsel for the petitioner that during the pendency of the writ petition, the name of the petitioner has been mutated in the revenue records 3 and also updated on online Dharani Portal and the petitioner is also issued digital patadar passbook bearing No.T05010150686 with Katha No.60295 in respect of land situated in Survey Nos.363/A and 360/A admeasuring Ac.0.05 guntas and Ac.1.00 respectively of Pasmamla Village, Abdullapur Revenue Mandal, Ranga Reddy District. It is further contended by the learned counsel for the petitioner that non-updating the subject land in the name of the petitioner as well as in the web land registrar is the mistake on the part of the respondents and the respondents have failed to update the same though the petitioner is absolute owner and possessor of the said extent of land. Because of the mistake committed by the respondents, the petitioner is deprived by executing the sale deed in respect of the subject land and the said document which was presented by him for registration was refused by the respondents through the impugned proceedings. It is further submitted by the learned counsel for the petitioner that the name of the petitioner has already been updated in Dharani Portal and he was also issued new pattadar passbook-cum-title deeds. Therefore, the petitioner is entitled for registration of the said returned document, as the reason, basing on which the registration of the document refused, is no more subsisting.
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4. A copy of the pattadar passbook-cum-title deeds covering an extent of Ac.1.05 guntas in Survey Nos.363/A and 360/A is placed on record together with land details search in respect of the said extent of land. A perusal of the said document shows that the petitioner herein is shown as pattadar in respect of land admeasuring Ac.0.05 guntas and Ac.1.00 in Survey Nos.363/A and 360/A of Pasmamla Village, Abdullapur Revenue Mandal, Ranga Reddy District.
5. In the light of the fact that the petitioner is now shown as pattadar-cum-title holder in respect of the land to an extent of Ac.1.05 guntas, the petitioner is granted liberty to submit the returned document before respondent No.4 together with the original pattadar passbook-cum-title deed by duly carrying out the necessary amendments to bring the schedule of property in the said returned document in tune with the extent mentioned in the pattadar passbook-cum-title deeds of the petitioner and on submission of such returned document before respondent No.4, respondent No.4 is directed to process the same by duly considering the pattadar passbook-cum-title deeds bearing No.T05010150686 and complete the process within a period of six weeks from the date of submission of such document by the petitioner.
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6. The writ petition is accordingly disposed of. 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:12.10.2022 TMK/KH 6 THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.14699 of 2020 Date:12.10.2022 TMK/KH