Telangana High Court
Dampuri Bala Brahmam vs The State Of Telangana And 3 Others on 22 February, 2023
Bench: Mummineni Sudheer Kumar
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
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
