Disposed

S Chand Bee v. The State of Andhra Pradesh

Andhra Pradesh HC18 Jan 2021WP/9003/2019

Case brief

AI extract

What is this about?

This order disposed of a writ petition challenging the Sub-Registrar's refusal to register a sale deed. The Court directed the Respondent to accept and register the document if compliant with the Registration and Stamp Acts, or provide reasoned endorsement under Section 71.

What did the court decide?

Directed the 2nd Respondent to receive, register and release the document, or provide reasoned endorsement under Section 71 of the Registration Act, 1908.

S Chand Bee Vs The State of Andhra Pradesh — Property and Title | Andhra Pradesh HC (2021)

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THE HON’BLE SRI JUSTICE M. GANGA RAO WRIT PETITION No.9003 OF 2019

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ORDER:-

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This Writ Petition is filed to issue a Writ of Mandamus declaring the action of the 2^nd respondent in refusing to register the document in respect of land an extent of Ac.0.67 cents, Ac. 1.77 cents, Ac. 2.23 cents and Ac. 1.33 cents, total extent Ac. 6.00 cents situated in Sy.No. 85, 86, 87 and 88 of Orvakal Village and Mandal, Kurnool District is illegal, arbitrary and consequently direct the 2^nd respondent to receive and register the document in respect of the land submitted by the petitioner for registration.

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The Case of the petitioner is that the petitioner purchased the land an extent of Ac.0.67 cents, Ac. 1.77 cents, Ac. 2.23 cents and Ac. 1.33 cents, total extent Ac. 6.00 cents situated in Sy.No. 85, 86, 87 and 88 of Orvakal Village and Mandal, Kurnool District from K. Sridhar Reddy through Registered Sale Deed dated 16.02.2015, since then the petitioner has been in possession and enjoyment of the same. The petitioner intends to sell the property to meet his financial crisis and approached the 2^nd respondent for registration, who refused to receive the document without assigning any reason. Assailing the arbitrary action of the 2^nd respondent, this present Writ Petition is filed.

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Heard the arguments of the learned counsel for petitioner and learned Government Pleader for Registration and Stamps appearing on behalf of Respondents.

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Learned Government Pleader for Stamps and Registration submits that the subject property is included in the prohibited

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property list, as such 2^nd respondent refused to receive and register the sale deed submitted by the petitioner.

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Having regard to the facts and circumstances of the case and considering the submissions of the learned counsel and on perusal of the record, this Court, in the interest of justice, felt it appropriate to dispose of the Writ Petition directing the 2^nd respondent to receive the document submitted by the petitioner in respect of the land an extent of Ac.0.67 cents, Ac. 1.77 cents, Ac. 2.23 cents and Ac. 1.33 cents, total extent Ac. 6.00 cents situated in Sy.No. 85, 86, 87 and 88 of Orvakal Village and Mandal, Kurnool District, register and release the same if the document is in consonance with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899. If the 2^nd respondent is not inclined to register the document, he has to give reasoned endorsement to the petitioner under the provisions of Section 71 of the Registration Act, 1908.

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Accordingly, the writ petition is disposed of. No order as to Costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed.

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Date: 18.01.2021. KK

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__________________________ JUSTICE M. GANGA RAO

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THE HON’BLE SRI JUSTICE M. GANGA RAO

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WRIT PETITION No.9003 OF 2019

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Date: 18.01.2021

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S Chand Bee v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

S Chand Bee v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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