Madasuharish vs The State Of Telangana
2021 Latest Caselaw 2863 Tel

          THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

                WRIT PETITION No.21382 of 2021
ORDER:

Heard the learned counsel for the petitioner and the learned

Government Pleader for Revenue for respondent Nos.1 to 4. With

their consent, the Writ Petition is disposed of at the stage of

admission.

Aggrieved by the action of the respondent Nos.1 and 2 in

displaying the subject land as prohibited property in the website of

respondent No.2, the present writ petition is filed.

On 20.09.2021, notices were issued to respondent Nos.5 and

6. In spite of service of notice on them, no Vakalt is filed on their

behalf.

As can be seen from the material on record, in respect of the

subject property, the unofficial respondents herein have filed

O.S.No.1022 of 2012 against one A.Raghunath and A.Shailaja and

vide judgment 08.09.2021, and the said suit was dismissed as

withdrawn by the X Additional District and Sessions Judge (FTC)

Ranga Reddy District at L.B. Nagar, on the premise that the parties

therein have entered into settlement out the Court.

In view of the above, the action of the official respondents in

including the subject land in the list of prohibited properties is

without any legal basis.

Section 71 of the Registration Act, 1908 (for short '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 above, the Writ Petition is disposed of directing

the Registering Authority to receive and process the deed of

conveyance to be presented by the petitioner in respect of the

subject property, duly taking note of the judgement dated

08.09.2021 passed by the X Additional District and Sessions

Judge (FTC) Ranga Reddy District at L.B. Nagar, in O.S. No.1022 of

2012, subject to the petitioner complying with the provisions of the

Indian Registration Act, 1908, and Indian Stamps Act, 1899. It

will be open to the Registering Authority to refuse/receive the

document presented before him, if he has any other valid

objection, by duly assigning reasons in support of such decision

and communicate the said decision to the petitioner.

The miscellaneous petitions pending, if any, shall stand

closed. There shall be no order as to costs.

________________________ A.ABHISHEK REDDY, J Date : 01.10.2021 sur