Smt. Kosaraju Umamaheswari vs The State Of Telangana And 3 Others
2022 Latest Caselaw 3119 Tel

 HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

            WRIT PETITION No. 27089 OF 2022

ORDER:

Heard both sides.

2. It is represented by the learned counsel for the petitioner

and respondents that the subject matter is squarely covered by

the judgment of this Hon'ble Court in WP No.19096 of 2014,

Dated 25.08.2014.

3. The Gazette notification dated 26.09.2013 was considered

in W.P.No.19069 of 2014. Paragraph No.12 of the judgment

dated 25.08.2014 reads as under:

"Hence, the Writ Petition is disposed of directing the Sub-Registrar to receive and process the deeds of conveyance without reference to the District Gazette notification dated 26.09.2013 in accordance with the Indian Registration Act, 1908 and the Indian Stamp Act, 1899. However, it is open to the registering authority to refuse to register the deeds presented before him, if he has any other objection, by duly assigning reasons in support of such decision and communicate ::2::

the decision to the petitioners. It is made clear that mere registration of deed of conveyance does not confer title to the property and it is made clear that this order does not preclude the Government to take appropriate steps as warranted by law and to assert its title. No costs."

4. In view thereof, following the earlier decision in

W.P.No.19069 of 2014, dated 25.08.2014, this Writ Petition is also

disposed of directing the respondent No.3 to receive and process

the subject document without reference to the District Gazette

notification dated 26.09.2013 and Refusal order No.91/RO

(OB)/2022 dated 27.05.2022, subject to compliance of the

provisions of the Indian Registration Act, 1908 and Indian Stamp

Act, 1899. It is also open to the registering authority to refuse to

register the document presented before him, if he has any other

objection, by duly assigning reasons in support of such decision

and communicate the said decision to the petitioners. It is made

clear that mere registration of document does not confer title to

the property. It is also made clear that this order does not ::3::

preclude the Government/District Collector to take appropriate

steps as warranted by law and to assert its title. There shall be no

order as to costs.

5. Miscellaneous petitions, if any, pending in this Writ

Petition shall stand closed.

____________________________ N.V.SHRAVAN KUMAR,J

28.06.2022 SU