Telangana High Court
Kalaivani vs State Of Telangana on 24 June, 2024
THE HON'BLE SRI JUSTICE N.V.SHRAVAN KUMAR
Writ Petition No.13556 of 2018
ORDER:
The present writ petition is filed to declare the action of respondent No.2 in not registering and releasing the pending document No.868/1995 dated 24.03.1995 under the guise of impugned proceedings Lr.No.176/G1/2009 dated 30.03.2009 issued by respondent No.3 as wholly illegal and unjust and consequently direct respondent No.2 to register and release the pending document.
2. The petitioner submits she had purchased the open land in Sy.No.101 admeasuring Ac.0-2 ½ gts., and Sy.No.102 admeasuring Ac.0-2 ½ gts., at Balanagar Village and mandal, Kukatpally Municipality, Ranga Reddy District from one Mr.Begari Narsaiah and others through their GPA holder viz., Shashidhar Raj vide pending Doc.No.865/1995 dated 24.03.1995 for a valuable consideration of Rs.1,03,000/-. Thereafter, when the said document was presented before respondent No.2 for registration, the same was kept pending without registering 2 on the ground for production of ULC clearance certificate from competent authority.
3. Subsequently, petitioner has filed O.S.No.1152 of 2003 on the file of III Addl.Senior Civil Judge, Ranga Reddy District at L.B.Nagar against respondent Nos.2 and 3 under Section 77 of Registration Act, 1908 seeking a direction to register the said sale deed and the said suit was decreed in favour of the petitioner vide judgment and decree dated 12.03.2007 by directing respondent No.2 herein to register the said sale deed dated 24.03.1995. Thereafter, when the petitioner presented a copy of judgment and decree before respondent Nos.2 and 3 to accept the registration, there was no response from respondent Nos.2 and 3.
4. Accordingly, petitioner has made an application on 08.02.2008, 01.09.2008 and on 20.01.2008. Thereafter, respondent No.3 has passed proceeding under Lr.No.176/G1/2009 dated 30.03.2009 stating that presentation of document for registration is in contravention of Section 77(1) of the Registration Act, 1908 3 and the same was not presented for registration within thirty (30) days after the passing of decree. Questioning the same, the present writ petition is filed.
5. Learned counsel for the petitioner has drawn attention of this Court to the order of High Court of Karnataka in the case of Anjinamma and another v. Puttahariyappa and others 1 wherein the similar issue fell for consideration and at paragraph No.7 it is held as follows:
7. In view of the law laid down by the Supreme Court in the aforesaid case, the presentation of document within 30 days time under Section 77 of the Act is procedural aspect which is required to be viewed very leniently to see that justice is done to the parties. For the aforesaid reason, issuance of impugned endorsement by the 7th respondent is bad in law. Though the reason assigned in the endorsement that the document could not be presented within 30 days is correct, 7th respondent should have considered the reasons for non-presentation of documents by the petitioners for registration of the same as 1 MANU/KA/0616/2002 4 directed in the decree obtained by the petitioners keeping in view the law laid down by the Apex Court and Patna High Court in the cases referred to supra. Therefore, the petitioners must succeed.
6. Learned counsel for the petitioner while relying on the above order would submit that the case of the petitioner is similar to the case cited supra wherein the High Court of Karnataka by relying on the judgment of the Hon'ble Supreme Court held that petitioners must succeed and directed respondents therein to register the document presented by the petitioner. Learned counsel would therefore request this Court to pass similar orders.
7. In view of the above and since the Hon'ble Supreme Court has already held that the presentation of document within 30 days under Section 77 of the Registration Act is procedural aspect which is required to be viewed very leniently, this Court deems it appropriate to dispose of the writ petition with a direction to respondent No.2 to register and release the pending Doc.No.868/1995 dated 24.03.1995 subject to the petitioner complying with 5 the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of copy of this order.
8. With the above observations, writ petition is disposed of, accordingly.
Miscellaneous petitions, pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ N.V.SHRAVAN KUMAR, J 24.06.2024 MRM