Kasukurthi Jawaharlal Nehru vs State Of Telangana And 3 Others

Heard learned counsel for the petitioner and learned Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission.

This Writ Petition is filed seeking to issue a writ, order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the respondents in not registering the sale deed/gift/mortgage/conveyance deed submitted by the petitioner along with his wife for registration with regard to the House Plot No.168 admeasuring 244.44 sq. yards and Plot No.169 admeasuring 244.44 sq. yards, totally admeasuring 488.88 sq. yards forming part of the layout issued in File No.1284/MP-II/HUDA/91, in Survey No.44 (Sub division Nos.44/3/1, 44/2 and 44/5) situated at Maktha Mahaboobpet Village, under GHMC Serilingampally Circle, Serilingampally Mandal, Ranga Reddy District, basing on the Notification, dated 26. 09.2013 issued by respondent No.4, is illegal and arbitrary.

Learned counsel for the petitioner contended that on earlier occasions, this Court in Writ Petition No.17050 of 2019, dated 09.08.2019, and Writ Petition No.2301 of 2020, dated 5. 02.2020, has passed orders directing registration of the documents presented/pending before the authorities and the subject land in the present writ petition also pertains to the very same survey number.

The above position is not disputed by learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. He, however, submitted that the land situated in Survey No.44/5, admeasuring Acs.28-02.5 guntas and land situated in Survey No.119, admeasuring Acs.12.30 guntas are classified as Government Lands; and that Writ Appeal No.1499 of 2019 was preferred against the order passed in Writ Petition No.23574 of 2014, and Writ Appeal No.866 of 2019 was preferred against the order passed in Writ Petition No.30395 of 2018 and the same are pending before this Court.

Having considered the submissions made on either side and taking into consideration the District Gazette Notification issued by respondent No.4, dated 26.09.2013, purportedly issued in exercise of power under Section 22-A of the Registration Act, 1908 (for short, the Act, 1908), on the face of it, the said Gazette Notification is without jurisdiction since any Notification issued under Section 22-A of the Act, 1908 is required to be issued by the Government. Since the writ appeals said to have been preferred by the Government are pending consideration, it is not the case of the learned Assistant Government Pleader that any interim orders are passed in the Writ Appeals.

Taking into consideration the fact that this Court on earlier occasion passed orders in Writ Petition No.37706 of 2021, dated 06.01.2022, under similar circumstances, this Court is inclined to dispose of the Writ Petition on the same lines.

The learned Government Pleader has stated that the official respondents will follow the procedure contemplated under Section 71 of 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 recorded 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.

In view of the submissions made above coupled with the provision under Section 71 of the Act, 1908, the Writ Petition is disposed of directing the Registering Authority to receive and process the subject document/s without reference to the Gazette Notification, dated 26.09.2013, subject to the petitioner complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the document/s presented before him, if he has any objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner. It is also made clear that this order does not preclude the Government/District Collector to take appropriate steps as warranted by law and to assert its title. If any proceedings/suit/appeal are pending between the executant of the document/Government or any other interested party, the registration of the document will be subject to the result of that proceedings/suit/appeal. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioner to get the subject document registered. There shall be no order as to costs.

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. There shall be no order as to costs.