Allowed

Smt. Bommati Kanaka Laxmi, v. The Joint Sub Registrar

Telangana HC5 Apr 2005WP/6505/2005

Case brief

AI extract

What is this about?

In a writ petition challenging the refusal to register sale deeds, the court directed the Joint Sub Registrar and District Collector to receive documents and pass appropriate orders following the ratio in Mandadi Nirmala.

What did the court decide?

Direction to the 1st respondent to receive documents executed by petitioners 1 to 3 in favour of petitioners 2 to 18 for registration and pass appropriate orders.

Smt. Bommati Kanaka Laxmi, Vs The Joint Sub Registrar — Property and Title | Telangana HC (2005)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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(Special Original Jurisdiction)

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TUESDAY, THE FIFTH DAY OF APRIL TWO THOUSAND AND FIVE

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PRESENT

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THE HON'BLE MS JUSTICE G.ROHINI

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WRIT PETITION No. 6505 of 2005

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Between:

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1. Smt. Bommati Kanaka Laxmi, w/o. Late Laxminarayana,

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R/o H.No. 5-4-87, Kothuru , Hanamkonda, Warangal District.

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2. Bommati Ravi Shankar, S/o. Late Laxminarayana,

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R/o.Kothuru , Hanamkonda, Warangal District.

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3. Bommati Raju, S/o Late Laxminarayana,

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R/o.Kothuru , Hanamkonda, Warangal District.

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4. Seetha Mallesham, S/o. Bondaiah,

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R/o.H.No.2-1-225, Kothur , Hanamkonda, Warangal District.

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5. Kaniganti Prabhakar, S/o. Lasumaiah,

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R/o. H.No. 5-11-1015, Pochammakunta, Hanamkonda,

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Warangal District.

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6. Donikena Sarojana, W/o. Devender, R/o. H.No. 5-11-963/2, Pochammakunta, Sagara Colony,

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Hanamkonda, Warangal District.

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7. Syed Mubeen Ahmed, S/o. Syed Ameen, R/o. 1-9-581, Police Colony, Julywada, Subedari,

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Hanamkonda, Warangal District.

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8. Yezdhani Begum, w/o. Md. Nizamuddin Ansari, R/o.Lashkar Bazar, Pochammakunta,

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Hanamkonda, Warangal District.

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9. Gatla Padma, W/o. Late Prabhakar, R/o. H.No. 5-11-83, Naim Nagar, Hanamkonda,

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Warangal District.

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10. Smt. Talla Swapna, W/o. Talla Raju, R/o.H.No. 5-11-83, Naim Nagar, Hanamkonda,

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Warangal District.

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11. Rais Fatima, W/o. Aslam Pasha,

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R/o.H.No. 1-9-581, Policy Colony, Julywada,

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Hanamkonda, Warangal District.

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12. Eashwaramma, W/o. Sammaiah,

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13. Chirra Sanjeev Goud, S/o. Jagannadham,

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R/o.Damera Village, Athmakur Mandal, Warangal District.

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14. Bolla Bhagyalaxmi, W/o. Ashok,

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R/o. H.No. 5-4-87, Kothur, Hanamkonda, Warangal District.

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15. M. Laxmipathi, S/o. Ramachandram, R/o.Electricity Colony, Subedari, Hanamkonda,

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Warangal District.

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16. Gunti Srinivas, S/o. Komuraiah,

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R/o. Ganesh Nagar, Godavarikhani, Karimnagar District.

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17. Sankilla Shobharani, W/o. Ashok,

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R/o H.No. 5-3-60, Kothur, Hanamkonda, Warangal District.

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18. Gandla Devender, S/o.Rajaiah,

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R/o.H.No. 5-11-1290/A, Hanuman Nagar,

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Hanamkonda, Warangal District.

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..... PETITIONERS

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AND

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1 The Joint Sub Registrar, Warangal.

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2 The District Collector, Warangal District at Warangal.

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.....RESPONDENTS

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Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the impugned action of the 1^st respondent in not receiving and registering the documents executed by the petitioners 1 to 3 herein in respect of the lands in Sy.No. 87 at Lashkarsingaram Village, Hanamkonda Mandal, Warangal District, in favour of the petitioners 2 to 18 as arbitrary, illegal, contrary to law and violative of the provisions of Registration Act and violative of Article 14 of Constitution of India besides principles of natural justice and consequently direct the 1^st respondent herein to receive the documents executed by the 1^st petitioner in favour of petitioners Nos. 2, 3, 14 and 18, 9 and 10 and the sale deeds executed by the petitioners No.2 and 3 in favour of petitioners Nos. 4 to 8, 11 to 13, 15 , 16 and 18 and register the same in accordance with law.

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Counsel for the Petitioners: MR.Y.RAMA RAO

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Counsel for the Respondent Nos.1 and 2: GP FOR REVENUE

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The Court at the stage of admission made the following :

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O R D E R :

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This writ petition is filed seeking to declare the impugned action of the first respondent in not receiving and registering the documents executed by the petitioners 1 to 3 in respect of the lands in Survey No.87 at Lashkarsingaram village, Hanamkonda Mandal, Warangal district, in favour of the petitioners 2 to 18 as arbitrary and illegal.

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When the matter is taken up for consideration, it is represented by the learned Counsel for the petitioners that Writ Petition No.6806 of 2004, in which an identical question was raised in respect of the land in the same Survey Number 87 of Lashkarsingaram village, Hanamkonda Mandal, Warangal District, was disposed of by this Court with a direction to the respondent therein to receive the documents for the purpose of registration and pass appropriate orders in accordance with law.

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This Court while disposing of the said writ petition followed the ratio laid down in Mandadi Nirmala and another v. District Collector, Hyderabad and others.

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The learned Government Pleader for Revenue does not dispute the ratio laid down in the above decision.

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Accordingly, following the above said decision, the writ petition is disposed of with a direction to the first respondent to receive the documents executed by the petitioners 1 to 3 in favour of the petitioners 2 to 18 as and when presented for the purpose of registration and pass appropriate orders in accordance with law. No order as to costs.

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G.ROHINI, J.

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Dated: 5^th April, 2005.

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ASSISTANT REGISTRAR

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// TRUE COPY //

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SECTION OFFICER

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