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
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
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
MANU/KA/0616/2002
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
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
