BATTALWAR RAMUDU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Stamps and Registration appearing for the respondents No.1 and 3 and the learned Assistant Government Pleader for Home appearing for the respondents No.2, 4 and 5. With their consent, this writ petition is disposed of at the threshold.

(2.) This writ petition has been filed seeking a writ of mandamus declaring the action of the 3rd respondent in issuing proceedings dtd. 15/3/2021 basing upon which the 5th respondent vide order dtd. 25/1/2024 refused to register the Sale deed presented by the petitioner with respect to property bearing Flat No.202 in Second Floor of Murugan Enclave on Plot No.676 in Sy.Nos.100, 101 & 105 siutated at Quthbullapur village and Mandal, Medchal - Malkajgiri District (hereinafter will be referred to as 'the subject property') on the ground that the criminal case is pending against the petitioners vendor upon the instructions of the 3rd respondent as illegal and arbitrary and consequently to set aside the same and direct the respondents to receive, register and release the document presented by the petitioner with respect to the subject property.

(3.) It is the case of the petitioner that his vendor one Shaik Ismail is the absolute owner and possessor of the subject property. On account of family necessity of the vendor of the petitioner had offered to sell the subject property to the petitioner. In pursuance of the same, the petitioner and his vendor mutually agreed for execution of sale deed and presented the same before the 5th respondent, Sub-Registrar, for registration on 24/1/2024 after paying the necessary stamp duty and requisite registration fee. Thereafter, the 5th respondent, Sub-Registrar, kept the document pending for scrutiny vide Pending Document No.P.12/2024 and after scrutiny, the said document was refused for registration erroneously vide Intimation of Refusal No.6/2024 dtd. 25/1/2024 on the ground that the 3rd respondent, Station House Officer, Kamareddy Police Station, issued a letter dtd. 15/3/2021 that a case is registered against the petitioner's vendor at Kamareddy P.S., and hence, directed the 5th respondent, Sub-Registrar, to stop all transactions on the subject property. Hence, the petitioner filed the present writ petition.