Disposed

Moghal Hathala Baig, S/o Ismail Baig, v. The Government of Andhra Pradesh

Telangana HC5 Sept 2013WP/25986/2013

Case brief

AI extract

What is this about?

The petitioner challenged the Sub-Registrar's refusal to register documents for house sites in Avanigadda. The court held there was no legal bar given prior orders permitting registration and directed the Sub-Registrar to process the documents if they meet statutory requirements.

What did the court decide?

Directed the Sub-Registrar, Avanigadda, to receive and process the petitioners' documents regarding the house sites in Sy.No.272/1A if they fulfill statutory requirements.

Moghal Hathala Baig, S/o Ismail Baig, Vs The Government… — Property and Title | Telangana HC (2013)

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HON’BLE SRI JUSTICE SANJAY KUMAR

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WRIT PETITION No.25986 of 2013

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Date: September 05, 2013

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Between:

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1. Moghal Hathala Baig & another. … Petitioners

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And

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1. The Government of Andhra Pradesh, rep. by its Principal Secretary, Stamps & Registration (Revenue) Hyderabad & 3 others. … Respondents

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*** * ***

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HON’BLE SRI JUSTICE SANJAY KUMAR

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WRIT PETITION No.25986 of 2013

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ORDER:

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The petitioners assail the action of the Sub-Registrar, Avanigadda, in refusing to receive and register the documents presented by them in respect of two house sites situated in Sy.No.272/1A of Avanigadda Village, Krishna District.

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2. The Tahsildar (i/c), Avanigadda, furnished written instructions dated 06.07.2013 in W.P. No.18597 of 2013 to the learned Assistant Government Pleader for Revenue of this Court stating that the Sub-Registrar, Avanaigadda, had already entertained documents evidencing transactions relating to the lands in the subject survey number and registered the same, viz., under documents bearing Nos.790 and 994/13.

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3. In this regard, it is also relevant to note that the Revenue Divisional Officer, Bandar, under his order dated 23.03.2013, recorded the fact that as per the earlier orders passed by this Court, registration of transactions

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relating to the land in RS No.272/1 of Avanigadda village was permissible.

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4. In the light of the aforestated facts, there is no legal bar to registration of the documents pertaining to the subject land.

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5. The writ petition is accordingly disposed of directing the SubRegistrar, Avanigadda, to receive and process the documents presented by the petitioners in respect of the two house sites situated in Sy.No.272/1A of Avanigadda Village, Krishna District. In the event the documents presented are found to fulfill the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the Sub-Registrar, Avanigadda, shall complete the registration formalities and release the documents in accordance with the due procedure. W.P.M.P. No.32107 of 2013 shall stand closed in the light of this final order. No order as to costs.

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____________________ SANJAY KUMAR, J

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Date: September 05, 2013. BSB

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HON’BLE SRI JUSTICE SANJAY KUMAR

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WRIT PETITION No.25986 of 2013

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Date: September 05, 2013

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BSB

Moghal Hathala Baig, S/o Ismail Baig, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Moghal Hathala Baig, S/o Ismail Baig, v. The Government of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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