THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR
WRIT PETITION No.5136 OF 2023
ORDER:
Heard learned counsel for the petitioner and learned Assistant Government Pleader for the Stamps and Registration appearing for the respondents.
2. This Writ Petition is filed seeking a writ of Mandamus to declare the action of the respondents in refusing to receive, process, register and release the document presented by the petitioner for registration in respect of Plot No.35 in Survey Nos.279/2 and 279/3, Sama Residency, situated at Turkayamjal Village, Abdullapurmet Mandal, Rangareddy District, as arbitrary and illegal.
3. It is the specific contention of learned counsel for the petitioner that respondent No.4 is refusing to receive, process, register and release the subject document for registration on the ground that the link document referred to in the Agreement of Sale-cum-Irrevocable General Power of Attorney with possession of February, 2023, is a validated document, but not a registered document.
4. In the recent Judgment, in the case of P.Bala Bhaskar Reddy v. State of Telangana1 this Court has considered the similar aspect as to whether the Registering Authorities are entitled or empowered to refuse registration of a document on the ground that the link document referred to therein is a validated document, but not a registered document and held as under: -
"In the light of the above, this Court is unhesitant to hold that the respondent registering authorities are not entitled to refuse registration of a document on the ground that the link document referred to in the respective document is a validated document or to refuse registration of such document by placing reliance on endorsement, dated 02.01.2008, issued by the Commissioner and Inspector General of Stamps and Registration. Accordingly, the impugned orders in the respective Writ Petitions are set aside and Writ Petitions are allowed with a further direction to the respondent registering authorities to receive the returned documents and to process the same subject to the condition of the said documents complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899."
5. In the light of the Judgment referred to above, the Writ Petition is disposed of directing respondent No.4 to receive, process, register and release the Agreement of Sale-cum- Irrevocable General Power of Attorney with possession in respect of Plot No.35 in Survey Nos.279/2 and 279/3, Sama Residency, situated at Turkayamjal Village, Abdullapurmet Mandal, Rangareddy District, and process the same, without reference to the fact that the link document referred to therein is a validated 1 W.P.Nos.16310 of 2019 and batch document and complete the process subject to the said document complying with the other legal requirements including the requirements of the Registration Act, 1908, and the Indian Stamp Act, 1899, within a period of four (04) weeks from the date of presentation of such document by the petitioner.
As a sequel, miscellaneous petitions, pending if any in this Writ Petition, shall stand closed.
___________________________________ MUMMINENI SUDHEER KUMAR, J Date: 22.02.2023 YVL THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.5136 OF 2023 Date: 22.02.2023 YVL