Telangana High Court
Sri. Bhattiprolu Ramlal vs The State Of Telangana., on 18 March, 2025
THE HON'BLE SRI JUSTICE K.SARATH
WRIT PETITION No.31504 OF 2024
ORDER:
1. This writ petition is filed under Article 226 of Constitution of India seeking the following relief:
"..... to issue a Writ Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.4 in refusing to receive register and release the Memorandum of Deposit of Title Deeds dated 21.10.2024 presented by the petitioner in respect of House bearing No. 2-56/33/22/40/A/1, PTI No.1219975297 on Plot Bearing No.40 admeasuring 177 Sq.Yards or equivalent to 147.97 Sq Mtrs in Survey Nos.41/12 and 41/13 situated at Khanamet Village Serilingampally Mandal and GHMC Ranga Reddy District Telangana State on the ground of Letter bearing Lr.No.E5/2825/2021 dated 10.06.2021 issued by the respondent No.2 as illegal arbitrary and contrary to the provisions of the Registration Act 1908 and consequently direct the respondent No.2 to receive register and release the Memorandum of Deposit of Title Deeds dated 21.10.2024 presented by the petitioner in respect of House bearing No. 2-56/33/22/40/A/1 PTI No 1219975297 on Plot Bearing No 40 admeasuring 177 Sq.Yds or equivalent to 147.97 Sq Mtrs in Survey Nos.41/12 and 41/13 situated at Khanamet Village Serilingampally Mandal and GHMC Ranga Reddy District Telangana State without reference to the Letter bearing Lr.No E5/2825/2021 dated 10 06 2021 issued by the respondent No.2 as directed in WP No 16109 of 2024 dated 19.07.2024 and passs...."
SK,J WP_31504_2024
2. Heard learned counsel appearing for the petitioner, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents.
3. Learned counsel appearing for the petitioner would submit that the document submitted by the petitioner was orally rejected by the respondent No.4 in view of proceedings No.E5/2825/2021 dated 10.06.2021 and similar letter dated 29.09.2021, issued by the respondnet No.2.
4. The learned Counsel petitioner would further submit that the said proceeding No.E5/2825/2021 dated 10.06.2021 is the subject matter of W.P.No.16109 of 2024 and this Court vide its order dated 19.07.2024 set aside the said proceedings and in view of the same requested to direct the respondent No.4 to receive, register and register the document presented by the petitioner without SK,J WP_31504_2024 reference to the letter bearing No.E5/2825/2021 dated 10.06.2021.
5. The learned Assistant Govermnet Pleader for Stamps and Registration on instructions submits that the petitioner has not produced any document before the registering authority. He did not dispute the submission made by the learned Counsel for the petitioner with regard to the disposal of W.P.No.16019 of 2024.
In view of the submissions made by the both sides, the writ petition is disposed of directing the Registering Authority to receive and process the subject documents submitted by the petitioner, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908 and Indian Stamps Act, 1899, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of the document filed by the petitioner. It is also open to the Registering Authority to SK,J WP_31504_2024 refuse to register the documents by specifically assigning the reasons in terms of Section 71 of the Act, 1908 and communicate the said decision to the petitioner. There shall be no order as to costs.
6. Miscellaneous petitions, if any, pending shall stand closed.
__________________________ JUSTICE K.SARATH Date: 18.03.2025 trr