T.Balbadar Das v. 1. State of Telangana

Petition Under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a. writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly the 3rd respondent in not receiving the sale deed presented by the petitioner in respect of land bearing sy.no.660/A admeasuring Ac.2-24 Gts., situated at Shamshabad -Village, Shamshabad Mandal, Ranga Reddy District, without assigning any reasons, as illegal, arbitrary, unjust, unconstitutional, violation of principles of natural justice.and also contrary to the provisions of Registration Act, '1908, and consequently direct the respondents 2 and 3 to receive, register and release the documents presented by the petitioner in respect of subject land. a I.A.NO:1 oF 2021 Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 2 and 3 to receive, register and release the documents presented by the petitioner in respect of land bearing sy.no.660/A admeasuring Ac-2-24 Gts., situated at Shamshabad Village, Shamshabad lVlandal, Ranga Reddy District, pending disposal of the writ petition Counsel for the Petitioner MOIN AHMED QUADRI SRI P.VINAY KUMAR, ADVOCATE FOR SRI MOHD Gounsel for the Respondents : Ms. D.HARITHA KIRAN, AGp FoR REVENUE The Court made the following ORDER I i I THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT ON No.3397 oF 2o2! :/ ORDER: This writ petition is filed with the following prayer: "...to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of the respondents more particularly the 3d respondent in not receiving the sale deed presented by the petitioner in respect of land bearing sy.no.66o/A admeasuring Ac.2-24 Gts., situated at Sharnshabad Village, Shamshabad Mandal, Ranga Reddy District, without assigning any reasons, as illegal, arbitrar5r, unjust, unconstitutional, violation of principles of natural justice and also contrary to the provisions of Registration Act, 1908, and consequenfly direct the respondents 2 and 3 to receive, register and release the documents presented by the petitioner in respect of subject land, and to pass ..."

2. Heard Mr. P.vinay Kumar, learned counsel representing Mr. Mohd. Moin Ahmed Quadri, learned counsel for petitioner and Ms. D.Haritha Kiran, learned Assistant Government pleader for Revenue for respondents.

3. It is submitted that the grand-father of petitioner was the pattadar and possessor of subject lands and that his name was mutated in the revenue records. That after the death of his grand- father, mother of the petitioner being the legal heir acquired the property by virtue of succession and a will. That name of his mother was mutatecl in the revenue records i.e., 1-8, Adangal/Paharri etc., as pattadar and possessor and that after her death, petitioner acquired the same by virtue of succession 2 : , JAK,J and as such he is in enjoyment a,,d possession property. " H'.11,1;i3il

4. It is submitted that petitioner intends to sell the subject property i.e., land in Sy.No.66O/A admeasuring Ac.2_24 guntas at Shamshabad Village and Mandal, Ranga lteddy District. It is further submitted that petitioner approached oflice of respondent No.3 on O5.O2.2021 with relevant documents including a challan of stamp duty for registration. It is also submitted that instead of receiving and registering the same, respondent No.3 without assigrring any reasons refused to receive the sale deed dated 05.O2.2021 (Ex.P1).

5. It is submitted that refusal is not in accordance with law. Respondent No.3 has to endorse on the sa,le deed as to why the same is not being received. It is further submitted that a direction be issued to receive and register the sale deed dated OS.O2.2O2I in accordance with law.

6. on the other hand, rearned Assistant Government pleader for respondents submitted that if the petitioner is permitted to approach respondent No.3 and respondent No.3 by veriffing the documents whether the documents are in accordance with law or t' JAK,J wp-3397)021 not and upon the same can be received and processed shall be 3 / looked into. It is further submitted that respondent authorities shall act in accordance with law. It is also submitted that properties notified. under Section 22( ) of the Registration Act, 1908 (for short 'the Act, 1908) are prohibited from being registered, that respondent No.3 shall consider this aspect.

7. Heard learned counsels and perused the record B. Petitioner avelTed that on 05.02.2021, he approached the office of respondent No.3 and presented the sale deed dated O5.O2.2O2L. A copy of the sale deed is annexed as document (Ex.Pl). The vendor in the sale deed is petitioner. The subject property is land admeasuring Ac.2 -24 glntas in sy.No.66O/A, the value of the said property is shorin as Rs.5o,00,0oo/-. A copy of payment challan, 1-B (copy) issued under ROR in the nEune of his mother and Adangal/Pahani also in the nalne of his mother (Ex.P3) are annexed. as documents. Petitioner stated that he has acquired the property by virtue of succession and a will, but no copy of the will deed is placed on record nor the succession details forthcoming. In the absence of any document showing his entitlement that he has a right in the said property, the same cannot be presented. It is only when a person has a right and title 4 JAK,J he would be termed as rightfur vendor. If petitioner X :iI#'; rights by virtue of succession or wiII, he has to present afleast any one of the document or he has to demonstrate before this court that he does have a right and title over the property by succession and will as claimed. 9' It is trite raw that sub-Registrar cannot oralry refuse the document presented. sect ion T1 of the Act, 190g, is as folrows: "7r. Reasons for refusar to register to be recorded._ (1) Every sub-Registrar refusing to .rsi"t.. , eo"r*"nt, except on the ground urit tt . propert/to whi-ctr t, [,]*" ;s not situate within his sub-distri"t, refusal and "t.tt--"kg record his reasons for such order in his BookG 6, rrraendorse l1:,,Y^".10s "regrstration refused" on the aocumlnt; and, on apphcation made by any person executing o. "t"i*irg under the document, shall, without payment and ulnne";;;; delay, give rr^rm a copy of the r,easons so recorded. (2) No registering oflicer shalr accegt fo1 registration a document so endorsed unilss and until, ,rrd", ,rr. ir.itii."r* hereinafter contained, the document is directed to be risr-"*Ji: ,, ;;J;;t 1o' There is €rn avennent that on OS.O2.2O2| petitioner aPProached respondent No.3. It is averred that petitioner approached with the documents with a challan of stamp duty of registration but no details of ,,,arTan, the amounts paid and date are forthcoming. Be that as it naty, any refusal has to be in accordance with law i.e., Section 71 of the Act, 19og. It is not forthcoming from the record whether the said document was presented or not, this is a question of fact. ( I Ij ") 5 JAK,J 1 l. This court cannot delve into the veracit5r "t:'#'it'"?:: considering the entire factual matrix of the case, this Court is of the opinion that interests of justice would be met, if the person who has the title to the property is granted riberty to approach the sub-Registrar to present the document for registration. It is made clear that petitioner has not been able to demonstrate before this court that he has a right and titre in the said property by succession and a will as claimed. Needless to state that any person/individual /citizenis entitled to enter into €m agreement to sell a propert5r when he has a right and titre to the property (as per law). 12- In the present facts and circumstances of the case, petitioner has not demonstrated that he has a right to the titre of property, claims the title to the subject property by succession and will, nothing is placed on record to substantiate the claim. In the absence of any such substantiation, this court cannot direct the authorities to receive the document presented by petitioner to receive and register. As observed from the documents annexed, narne of petitioner's mother is reflected in the documents. As such, it would be petitioner's mother who can present the documents as vendor as her n€rme is reflected in the documents \ \ I I JAK,J !vp_3397_2021 annexed. tf the petitioner's contention is accepted, this Court . 6 would. be empowering a person to sell a property or get the sale deed registered inspite of the petitioner not being able to demonstrate that he is the owner and has titte to the subject property. Needless to state it is always open to the rightful owner of the subject property to enter into any transaction and seek a direction for recei,ring and registering the propert5r in accordance with law. Relief sought by the petitioner for receiving sale deed and registering it, if granted, would amount to, this Court recognizing the ownership and title of the subject property as though vested in petitioner. Petitioner has not arrayed his mother as party in the writ petition whose name appears in 1-B ROR copy (Ex.P2, dated 24.04.20181 and Adangal/Pahani (Ex.P3, dated 24.04.2018). Fetitioner is at liberty to approach the office of Sub-Registrar after succeeding to the propert5r as per law.

13. With the above observations, Writ Petition is disposed of. No Miscellaneous applications pending, if &DY, shall stand //TRUE COPY/ To \ 1 The Principal Secreta ry, Revenue (Registration a Secretariat, State of Telangana at Hyderabad istrar, Revenue istrict (Registration and strict Reg Reddy D

2. The Di Ranga SD/. B.REKHA RANI STANT REGISTRAR SECTION OFFICER ) Department, mps) DePartmenf,__* -ltJ - ^- -ffi-.-.-

3. The sub Reoistrar, Revenue (Registration and Stamps) Department, SRo, . shamshabad, Mn'd R;il diriii.t. 4. Two ccs to GP.FOR REVENUE, High court for the state of rerangana at _ llVderabad. [OUT] 5. ONC CC tO SRI UbHO MOIN AHMED QUADRI, AdVOCAIE TOPUC] 6. Two CD Copies SA rKS iQ^q I \ I I I HIGH COURT DATED {At10t2025 \ \ ORDER WP.No.33g7 of 2021 .\ \'1u S t\ ] t b ol JrNl$lt t * I DISPOSING OF THE W.P WITHOUT COSTS. >ilt"1>{ I