THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38301 of 2014 Dated : 18.12.2014 Between:
P. Hiren Mukherjee S/o.Ramamohana Rao, Hindu, aged about 60 yrs, Occu : Agriculturist, R/o.Chandanagar, Ranga Reddy District & 2 others .. Petitioners And The State of Telangana, Rep., by its Principal Secretary, Revenue Department, Telangana Secretariat, Hyderabad & 8 others .. Respondents This Court made the following :
THE HON’BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.38301 of 2014 ORDER :
The petitioners claims to be the owners of land to an extent of Ac.31.00 in Survey No.183 and 184 of Thummaloor Village, Maheswaram Mandal, Ranga Reddy District. According to the petitioners, the land originally belonged to late Korni Yadagiramma W/o.Late Hanumantha Rao, and she executed a Will in favour of the petitioners on 19.01.1975. Korni Yadagiramma, died in the year 1978. The petitioners intend to dispose of the said property and when approached the Registrar of Stamps and Registration Ranga Reddy District (3rd respondent), to transfer the property in favour of respondents 5 to 9, the 3rd respondent refused for receiving the deeds of conveyance without assigning valid reason. Hence, this writ petition.
2. Earlier the matter was adjourned at request of the learned counsel for the petitioner to inform the court as to when the parties have approached the Sub- Registrar, but the Sub-Registrar refused to receive and proof of presentation of the documents. Though, it is stated that the documents were presented, no material is shown in support of such assertion.
3. Having regard to the same, no positive direction can be issued as sought by the petitioners. However, liberty is granted to the petitioners to present the documents concerning the above property before the registering authority and as and when such documents are presented, the Sub-Registrar, Maheswaram, Ranga Reddy District, (4th respondent) shall receive and process the same in accordance with the Indian Registration Act, 1908 and Indian Stamp Act, 1899. If the 4th respondent is of the opinion that the documents presented for registration cannot be registered, he shall assign due reasons and communicate the decision to the parties. It is open to the parties to work out their remedies, if the Sub-Registrar, refuses to receive the documents.
4. With the above observations, the writ petition is disposed of. There shall be no order as to costs.
5. Miscellaneous Petitions pending, if any, shall stand closed.
P.NAVEEN RAO,J 18th December, 2014 Rds