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Judgment
The petitioner is aggrieved by the action of respondent No.3- the Sub-Registrar, Saroor Nagar, Hyderabad, in not registering the release deed dated 22.09.2021 on the ground that he is not able to produce original approved plan of the first floor of the building which was constructed in 1978.
The petitioner submits that his wife Smt. T.V. Sukanya was original owner and possessor of the residential Plot No.8 in Survey No.172 of Saroornagar Gram Panchayat, Saroornagar Mandal, Ranga Reddy District. Building permission was granted by the then Gram Panchayat, Saroornagar vide Permission No.201/78 dated 20.10.1978. Pursuant thereto, building was constructed and was assigned house No.13-19-116, Kodandaram Nagar, Circle V, Saroor Nagar, Greater Hyderabad Municipal Corporation, Hyderabad. The petitioner is residing in the first floor and has been paying property tax for the last forty five (45) years. His wife expired on 05.09.2011. Thereafter, on his application, the house was mutated in his name by the Greater Hyderabad Municipal Corporation, Hyderabad (GHMC) vide proceedings No.1064060128 dated 15.04.2021.
(i) The petitioner submits that he decided to partition the subject house in favour of his children. However, when the document was presented for registration, an objection was raised by respondent No.3 stating that the subject building is not exclusive property of the petitioner, as such, his children should issue a release deed in his favour to make him absolute owner and only thereafter the subject property can be included in the Will Deed.
(ii) The petitioner submits that he has obtained special power of attorney from his elder son viz., T.V. Naveen Kumar in favour of his younger son T.V. Praveen Kumar from United Kingdom vide Notary Public dated 07.11.2021. Similarly, his daughter Smt. T.V. Pallavi gave power of attorney dated 09.01.2022 in favour of his younger son T.V. Praveen Kumar. Thereafter, the children of the petitioner presented release deed dated 22.09.2021 by paying requisite fee on 10.02.2022 before respondent No.3 for registration. However, respondent No.3 insisting for production of sanctioned plan of the first floor of the building which the petitioner unable to trace out. Hence, the petitioner requested respondent No.3 to register the release deed without insisting for the house construction permission dated 20.10.1978. However, respondent No.3 is insisting to produce original construction permission of the subject building which is not available. The petitioner submits that even photostat copies of the approved plan are not traceable due to death of his wife more than ten years back. He submits that action of respondent No.3 in insisting for original sanctioned plan of the building is arbitrary. He further submits that even Saroornagar Gram Panchayat is also not available to get certified copy of the approved plan.
Heard Sri K.V. Rajasree, learned counsel for the petitioner, and learned Assistant Government Pleader for Revenue, and perused the material on record.
The learned Assistant Government Pleader for Stamps and Registration unable to point out any provision of law under which the Sub Registrar can insist the petitioner to furnish original or certified copy of the building permission / sanctioned plan for registration of a release deed. In the absence of any such provision of law and since the subject building was constructed long back, it is unreasonable and arbitrary on the part of the Sub Registrar to insist for production of approved plan of the subject building for registration of release deed.
Therefore, respondent No.3 - the Sub Registrar, Saroor Nagar, Hyderabad, is directed to receive and register the release deed dated 22.09.2021 presented by the petitioner without insisting for production of original / photostat copy of the sanctioned plan/s of the ground and first floor of the residential building bearing H.No.13-19-116 situated at Kodandaram Nagar, Circle - V, Saroornagar, GHMC, Hyderabad, if it is otherwise in order, and release the same forthwith.
With the above directions, the writ petition is disposed of, at the stage of admission itself. No order as to costs.
As a sequel thereto, miscellaneous petitions, if any, pending in this writ petition stand closed.