Allowed

Nyalamadugu Sreedhar v. Sub Registrar Of Assurance

Telangana HC5 Feb 2009WP/20039/2008

Case brief

AI extract

What is this about?

In this writ petition, the Hon'ble High Court set aside an impugned letter issued by the 1st respondent (Registrar/Registration Authority) which delayed the registration of sale deeds. The Court held the action of the 1st respondent as harassing and despicable, directing him to process the documents within one week after obtaining a certificate from the 3rd respondent that the land is not governme

What did the court decide?

Impugned letter dated 06.08.2008 set aside. 1st respondent directed to process documents within one week.

Nyalamadugu Sreedhar Vs Sub Registrar Of Assurance — Land Acquisition | Telangana HC (2009)

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THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No.20039 of 2008

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ORDER:

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The petitioners presented two sale deeds in respect

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the land admeasuring Ac.2.29 guntas and Ac.2.00 respectively in Survey No.334 of Gudipeta Village, Macherial Mandal, Adilabad District before the 1^st respondent herein for registration. The 1^st respondent addressed a letter, dated 04.08.2008, to the Mandal Revenue Officer, Mancherial, 3^rd respondent herein, requesting him to certify whether the lands covered by the documents are assigned or whether they are in the prohibited categories of lands. The 3^rd respondent, in turn, issued a certificate on 21.06.2008 stating that the lands covered by the documents do not belong to Government nor they are assigned, ceiling or inam lands. On receipt of this certificate, the 1^st respondent addressed a letter to the District Collector, Adilabad, 2^nd respondent herein, to grant no objection certificate for registration. The petitioners feel aggrieved by the same.

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The 1^st respondent filed a counter affidavit admitting

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the factum of the 3^rd respondent issuing a certificate and his addressing a letter to the 2^nd respondent to grant no objection certificate.

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Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue.

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The action of the 1^st respondent is highly objectionable and in fact despicable. The facts disclose that he is harassing the petitioners beyond a point. By entertaining a doubt as to the nature of the lands, the 1^st respondent addressed a letter to the 3^rd respondent to issue a certificate as to the category of the lands. A certificate was given by the 3^rd respondent to the effect that the lands do not belong to the Government. That must have drawn curtain to the entire controversy. The 1^st respondent tried to act smart by addressing a letter to the 2^nd respondent. With this approach, the 1^st respondent would have referred the matter to the Government also, even if the 2^nd respondent certified it. This Court takes serious exception to the attitude of the 1^st respondent.

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Hence, the Writ Petition is allowed and the impugned letter dated 06.08.2008 is set aside. The 1^st respondent is directed to process the documents

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presented by the petitioners within a period of one week from the date of receipt of a copy of this order. There shall be no order as to costs.

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________

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05.02.2009

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Note: Issue C.C. in one week. (B/o) CBS/JSU

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HON’BLE SRI JUSTICE L. NARASIMHA REDDY

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WRIT PETITION NO.20039 of 2008

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Date: 05.02.2009

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CBS/JSU

Nyalamadugu Sreedhar v. Sub Registrar Of Assurance

Case brief

What is this about?

What did the court decide?

Nyalamadugu Sreedhar v. Sub Registrar Of Assurance

Case brief

What is this about?

What did the court decide?

What the court decided

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