HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.9514 of 2021
Date:19.04.2021
Between:
Boda Hakku Bai W/o.Late Boda Heerya,
Aged about 60 yrs, occu : Housewife,
R/o.Flat No.301, Shiva Sai Apartment,
Chaitanyapur Colony, Opp : NIT,
Kazipet, Warangal, Warangal District.
.....Petitioner
And
The State of Telangana,
Rep., by its Principal Secretary,
Revenue Department,
Secretariat, Hyderabad & others.
.....Respondents
The Court made the following:
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HONOURABLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No. 9514 OF 2021
ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue.
2. Petitioner claims that her father owned different extents of land in different survey numbers of Gandiramaram Village, Narmetta Mandal, Jangaon District and she is entitled to her share in the said property. Petitioner earlier instituted O.S.No.20 of 2001 in the Court of Senior Civil Judge at Jangaon. The said suit was dismissed by judgment dated 26.04.2004. Aggrieved thereby petitioner preferred A.S.No.3509 of 2004 before this Court and the same is pending consideration of this Court. Petitioner alleges that the unofficial respondents are selling away joint family property without earmarking her share and when the second appeal is pending. If such sale transactions are allowed, it may cause grave hardship and suffering to the petitioner. Petitioner makes a representation to the Revenue Divisional Officer requesting him not to permit alienation of land which is the subject matter of appellate suit. Alleging inaction, this writ petition is filed.
3. It is not in dispute regarding the fact that petitioner was unsuccessful in securing relief on suit schedule property. Unless and until petitioner succeeds in the appellate suit, the question of earmarking her share does not arise. Therefore, as of now, the unofficial respondents are entitled to deal with the property. As long as the properties stand in the name of a person and that person presents a document conveying the title to another person, the registering authority cannot refuse to receive and process the -3- document, if the document satisfies the requirements of Indian Registration Act and the Indian Stamp Act. Therefore, unless and until restraint order is imposed by the competent Court, the registering Authority cannot be directed to refuse to receive the deed of conveyance.
4. Further, petitioner has already instituted appellate suit and the same is pending consideration of this Court and nothing prevented the petitioner from filing appropriate application in the pending appellate suit.
5. Thus, the writ petition is mis-conceived. Accordingly, the Writ Petition is dismissed leaving it open to the petitioner to prosecute the pending appeal and to file appropriate application as permissible in law. Pending miscellaneous petitions, if any, shall stand closed.
__________________ P.NAVEEN RAO,J 19th April, 2021 Rds -4- HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.9514 of 2021 Date:19.04.2021 Rds