Telangana High Court
Emundla Lachamma vs The State Of Telangana on 5 December, 2023
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.23577 OF 2023
ORDER:
Heard learned counsel for the petitioner and Learned Government Pleader for Stamps and Registration appearing for respondent Nos.1 to 7. With the consent of the parties, the writ petition is being taken up for disposal at the admission stage itself.
2. This writ petition is filed seeking 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 Petitioner 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 petitioner herein for registration over residential property Open Plot No. 385 bearing admeasuring 200 square yards in Sy.No.125 situated at Rekurthy Village, Kothapalli Mandal, Karimnagar District, now within the limits of Karimnagar Municipal Corporation, having purchased vide registered sale deed document No.11984/2013 dated 18.11.2013 by setting aside the proceedings of the 7th Respondent No.B/1582/2018 dated 26.07.2018." 2
3. Today when the matter is taken up for hearing, learned counsel for the petitioner submits that in similar circumstance this Court in W.P.Nos.44223 of 2018 and batch dated 22.03.2022, passed the following order:-
"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 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."
4. Learned counsel for the petitioner further pray this Court to pass similar orders as passed in W.P.Nos.44223 of 2018 & batch dated 22.03.2022. 3
5. Learned Government Pleader appearing for respondents has not disputed the same
6. Recording the submission made by learned counsel appearing on either side and in terms of order passed by this Court in W.P.Nos.44223 of 2018 and batch dated 22.03.2022, the proceeding No.B/1582/2018 dated 26.07.2018 issued by respondent No.7 is set aside and the writ petition is disposed of with a direction to Registering Authorities to receive the documents produced by the petitioner and complete the registration formalities, as expeditiously as possible, preferably within a period of three (03) weeks from the date of receipt of copy of this order, 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 and communicate the same to the petitioner. It is made clear that mere registration of document(s) does not confer title to the property.
7. 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: 05.12.2023 SU