HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37118 of 2014 Date: 11.12.2014 Between:
Md.Abdul Wahab S/o. Md.Shaik Abdul Hameed, Aged 54 years, Occu: Business, R/o.H.No.11-1-710, Chilakalguda, Secunderabad .. Petitioner AND The State of Telangana rep.by its Prl.Secretary for Revenue (Registrations) Department, Secretariat, Hyderabad and others .. Respondents The Court made the following:
HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37118 of 2014 ORDER:
Petitioner claims to be the owner and is in possession of plot bearing No.179 admeasuring 100 square yards in Sy.No.521 of Attapur Village, Rajendra Nagar Mandal, Ranga Reddy District. Petitioner claims to have purchased the said property through registered sale deed vide document No.3521 of 1993, dated 26.04.1993. Petitioner claims to have established Ice Cream factory and constructed Tin Roof shed in the said plot. However, due to water and electricity problem, he could not successfully run the Unit and it was accordingly closed. While so, it has come to the knowledge of the petitioner that person, by name, Mohd. Ayub, son of Mohd. Zakriya, fabricated a General Power of Attorney and got it registered as document No.4060 of 2014, dated 04.06.2014 by committing impersonation and forgery. It is further contended that Mr. Ayub put the thumb impression on the document as if petitioner is an illiterate and got the document registered by creating false Voters ID Card by putting the other person photograph and showing the name of the petitioner. Having come to know about such illegal registration, petitioner obtained Encumbrance Certificate and lodged a complaint with the Station House Officer, Rajendra Nagar Police Station and submitted a representation to the Sub-Registrar, Rajendra Nagar (3rd respondent) requesting to recall the General Power of Attorney registered on 04.06.2014. Alleging that inspite of submitting such representation, the registering authority has not taken any action so far, this writ petition is instituted.
2. As seen from the documents enclosed to the writ petition, the General Power of Attorney, which according to the petitioner, is registered by filing a false Voters Identity Card and by putting thumb impression, would show that the person, who claimed to be Md.Ayub, filed relevant proof in support of his identity. When the document is presented for registration, the Sub-Registrar would only verify the relevant entries in the document and supporting identity. It would not be within his jurisdiction and competence to cross verify the identity. There was no occasion for the Sub-Registrar to doubt the genuineness of identity of the person, who presented the document. Thus, it cannot be said that Sub-Registrar acted in excess of his power or erroneously accepted the document for registration.
3. As stated by the learned counsel for petitioner, a criminal complaint is lodged by the petitioner and complaint is under investigation. Ultimately, in the investigation if it is proved that a person impersonated the petitioner and a wrong person has undertaken registration by giving false declaration, it would become void transaction and then it would be open to petitioner to work out his remedies. As of now, it is only at the stage of investigation and the allegation is not proved. Be that as it may, insofar as the Sub- Registrar is concerned, as per the material documents filed before him, he has acted in accordance with the same and it cannot be said that his decision to undertake registration was illegal. Furthermore, there is no provision in the Registration Act and the Rules made there under, which empower the registering authority to cancel the document already registered.
Thus, at this stage no relief as sought by the petitioner can be granted.
4. Having regard to the same, the writ petition is dismissed. However, it is made clear dismissal of the writ petition does not come in the way of petitioner prosecuting the other remedies. There shall be no order as to costs.
Miscellaneous petitions if any pending in this writ petition shall stand dismissed.
JUSTICE P.NAVEEN RAO Date : 11.12.2014 kkm HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.37118 of 2014 Date: 11.12.2014 kkm