Allowed

Dandamudi Biotech, v. The Sub Registrar

Telangana HC25 Feb 2013WP/5554/2013

Case brief

AI extract

What is this about?

Court allowed writ petitions challenging refusal to register documents for lands sold via auction of assigned property. Held auction sale exempts land from transfer prohibition. Directed Registrar to accept documents complying with Stamp and Registration Acts.

What did the court decide?

Respondent directed to receive and register documents presented by petitioners subject to compliance with the Indian Stamp Act, 1899, and the Registration Act, 1908.

Dandamudi Biotech, Vs The Sub Registrar — Writ and Judicial Review | Telangana HC (2013)

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HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.5519, 5554, 5576 and 5588 of 2013

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COMMON ORDER:

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These Writ Petitions have been filed with the grievance that respondent No.1 has not been receiving the documents sought to be presented by the petitioners for registration only on the ground that the entries in the Resurvey and Settlement Register showed the land covered by the said documents as belonging to the Government/ forest land/gayyalu.

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It is not in dispute that the documents which were refused to be registered relate to the lands which were previously assigned, but purchased in public auction held by the respective Co-Operative societies/banks towards recovery of the dues from the assignees.

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A Division Bench of this Court in Sub-Registrar,

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Srikalahasti, Chittoor District Vs. K.Guravaiah^[1] held that that with the sale of the assigned land for recovery of Co-Operative Societies dues, the land looses its character as assigned land and stands exempted from prohibition of transfer under the provisions of Section 6 of the A.P. Assigned Lands (Prohibition of Transfers) Act, 1977 and it shall be free to be sold.

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Indeed, this Court in order, dated 12.02.2013, in Writ Petition Nos.4088 and 4229 of 2013, has taken exception to the conduct of the Sub-Registrars in the State in not receiving the documents and registering the same only on the ground that the lands were previously assigned even though they were sold for recovery of Co-operative society’s dues. General directions were issued to all the Registering Officers in the State not to

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treat such lands as assigned lands, with the further observation that if registration of the documents is refused, the same will be treated as contempt.

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Having regard to the above facts and circumstances of the case, the Writ Petitions are allowed with the direction to respondent No.1 in these Writ Petitions to receive and register the documents that may be presented by the petitioners subject to the latter complying with the provisions of the Indian Stamp Act, 1899 and the Registration Act, 1908.

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As a sequel to disposal of the Writ Petitions, the Miscellaneous Petitions, if any, pending in these Writ Petitions are disposed of as infructuous.

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____________________________ JUSTICE C.V.NAGARJUNA REDDY 25^th February 2013 DR

¶12

[1] 200(2) ALD 250 (DB)

Dandamudi Biotech, v. The Sub Registrar

Case brief

What is this about?

What did the court decide?

Dandamudi Biotech, v. The Sub Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

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