KARAM VENKAESH Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This writ petition is filed praying to grant the following relief: "to issue a Writ order or direction especially in the nature of Writ of Mandamus declaring the action of the 2nd respondent in not registering the Sale Deed presented to him through Dharani Portal by the petitioners for the agricultural property admeasuring an extent of Acres 5.30 guntas comprised in Survey No.528/Ruu and 528A situated at Bibinagar Village, Bibinagar Mandal, Yadadri Bhuvanagiri District, having TD-cum-Pass Book No.T30060090496, as illegal, arbitrary and contrary to Section 5 of the Telangana Rights in Land and Pattadar Pass Books Act, 2020 (Act No.9 of 2020) and also violative of Articles 14, 21 and 300A of the Constitution of India and pass such other order or orders as are deemed fit and proper under the circumstances of the case."

(2.) Heard A.P.Suresh, learned counsel for petitioners, learned Assistant Government Pleader for Revenue for respondents 1 to 3, and Sri T.V.Kalyan Singh, learned counsel for respondent no.4.

(3.) First petitioner claims that he is the owner and in possession of agricultural land to an extent of Acs.5.30 guntas in Sy.No.528/Ruu, and 528A of Bibinagar Village and mandal in Yadadri-Bhuvanagiri district. He was issued passbook-cum-title deed. He offered to sell this land to the second petitioner for valuable sale consideration and sale deed was executed on 12.11.2020. In compliance of the Indian Registration Act, 1908 (Act, 1908), and the Indian Stamp Act, 1899 (Act, 1899), petitioners applied through DHARANI web portal for registration of the sale deed. The parties were asked to appear on 27.01.2021 at 12.30 p.m. Accordingly, petitioners appeared and submitted all the documents in support of the claim of ownership by the 1st petitioner. However, the Tahsildar refused to register the document without assigning reasons. Seeking to declare the action of the Tahsildar in not registering the sale deed presented by the petitioners as illegal and contrary to Section 5 of the Telangana Rights in Land and Pattadar Passbooks Act, 2020 (Act 9 of 2020), this writ petition is filed.