Boda Hakku Bai vs The State Of Telangana And 8 Others
2021 Latest Caselaw 1245 Tel

           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:
                                    -2-



           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

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

HONOURABLE SRI JUSTICE P.NAVEEN RAO

WRIT PETITION No.9514 of 2021

Date:19.04.2021

Rds