Allowed

Paila Rama Rao, v. The State of Andhra Pradesh, rep. by the Principal

Telangana HC23 Dec 2013WP/37600/2013

Case brief

AI extract

What is this about?

In a writ petition challenging the refusal of registration authorities to accept a document claiming the property as private land instead of Government poramboke, the High Court directed the Sub-Registrar to receive and process the document in accordance with the Registration Act, 1908 and Indian Stamp Act, 1899, while facultatively allowing reasons for refusal under Section 71.

What did the court decide?

The petitioner directed to proceed with registration formalities subject to requirements of the Registration Act; authority permitted to deny only with written reasons under Section 71.

Paila Rama Rao, Vs The State of Andhra Pradesh, rep. by… — Property and Title | Telangana HC (2013)

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.37600 of 2013

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Dated : 23.12.2013

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Between:

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Paila Rama Rao, S/o late Tathaiah

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.. Petitioner And The State of Andhra Pradesh, rep. by the Principle and others

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.. Respondents

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.37600 of 2013

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ORDER :

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The petitioner assails the action of the registration authorities in refusing to receive the document presented by him in respect of the property bearing D.No.3-135 situated in Survey No.159/2 part, Mentada Street, Salur Municipality, Salur, Vizianagaram District. The reason for the refusal is when the petitioner approached the Sub-Registrar, Salur, Vizianagaram District (3^rd respondent) for registration of the document, he stated that the subject land is a Government poramboke and was, therefore, not amenable to transactions between private parties.

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2. The land in this survey number fell for consideration before this Court in W.P. No.23634 of 2012. A copy of the order, dated 26.11.2012, passed therein is placed on record and reflects that part of the subject land in this survey number was sold in a court auction prior to 1971 and, therefore, the claim of the Government that the entire land in this survey number belonged to it was not accepted. The writ petition was, accordingly, disposed of directing the registration authorities to proceed with the registration of documents in respect of this land in accordance with law.

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3. For reasons alike, as were mentioned in the order, dated 26.11.2012, passed by this Court in W.P. No.23634 of 2012, this Writ Petition is disposed of directing the Sub-Registrar, Salur, Vizianagaram District (3^rd respondent) to receive and process the document presented by the petitioner in respect of the subject land. In the event the said document is found to fulfil the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the Sub-Registrar, Salur, Vizianagaram District (3^rd respondent) shall complete the registration formalities and release the document in accordance with the due procedure. If, however, the Sub-Registrar, Salur, Vizianagaram District (3^rd respondent), is of the opinion that the document presented for registration warrants denial, he shall pass orders in writing indicating the reasons for such refusal and communicate the same to the party in accordance with Section 71 of the Registration Act, 1908. There shall be no order as to costs.

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Miscellaneous petition, if any, pending in this writ petition, shall stand closed.

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P.NAVEEN RAO, J

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___________________

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December 23^rd , 2013. Note : Issue C.C. in two days. (B/o) ssp

Paila Rama Rao, v. The State of Andhra Pradesh, rep. by the Principal

Case brief

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Paila Rama Rao, v. The State of Andhra Pradesh, rep. by the Principal

Case brief

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