Allowed

S.Khubrabi, W/o. late Khaja Hussain, v. The Government of a.P., Rep. by its Secretary

Telangana HC24 Apr 2014WP/10944/2014

Case brief

AI extract

What is this about?

The Court disposed of a writ petition challenging the Sub-Registrar's prohibition of property registration based on a government list. Relying on a prior decision declaring such inclusion illegal, the Court directed the Sub-Registrar to process partition deeds and market value applications for the property, disregarding the impugned revenue letter.

What did the court decide?

Sub-Registrar directed to furnish market value and receive/process partition deed subject to Registration and Stamp Act requirements, disregarding the impugned revenue letter.

S.Khubrabi, W/o. late Khaja Hussain, Vs The Government… — Property and Title | Telangana HC (2014)

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IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD

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THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND FOURTEEN

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Present

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.10944 of 2014

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Between:

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S. Khubrabi, W/o. Late Khaja Hussain, Muslim, Aged about 75 years, R/o. Banaganapalli, Banaganapalli Mandal, Kurnool District & 5 others

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.. Petitioners

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AND

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The Government of Andhra Pradesh, Rep. by its Secretary, Revenue Department (Stamps & Registration), Secretariat, Hyderabad & 4 others

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.. Respondents

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The Court made the following:

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.10944 of 2014

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ORDER:

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This writ petition is instituted declaring the list of immovable properties in Survey No.163/1 of Banaganapalle Village, furnished by the District Collector, Kurnool, Kurnool District (3^rd respondent), to the Sub-Registrar, Banganapalle Village and Mandal, Kurnool District (5^th respondent), vide Lr.R.dis.E2/2845/2010, dated 17.01.2012, and the

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consequential endorsement of the 5^th respondent, dated 03.04.2014, whereunder prohibiting the registration of the property in Survey No.163/1 of Banaganapalle Village in Kurnool District, as arbitrary and illegal.

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2. It is contended by the petitioners that as a result of said illegal orders, the application submitted to the 5^th respondent on 03.04.2014 for the purpose of Market Value to ascertain the stamp duty and registration charges is not received and processed.

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3. The petitioners herein intending to partition the said property between themselves have submitted an application to the 5^th respondent on 03.04.2014 for issuing certificate of market value. The 5^th respondent made the impugned endorsement stating that the property covered in Survey No.163/1 of Banaganapalle Village is prohibited property, as per the list of immovable properties furnished by the 3^rd respondent to the 5^th respondent, dated 17.01.2012. Aggrieved by the same, the petitioner filed this writ petition.

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4. Concerning the property in respect of the same survey number, following the order in W.P.No.28546 of 2012, dated 18.09.2012, this Court by order, dated 04.07.2013, allowed W.P.No.19070 of 2013 holding the action of the Sub-Registrar in refusing to receive and

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process the sale deed document as illegal. The said order reads as under :-

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“For reasons alike as were mentioned in the said order, this writ petition is allowed

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holding that there is no basis for the inclusion of the petitioner’s land in Survey No.163/1 of Banaganapalle Village, in the list of prohibited properties communicated by the Revenue Authorities to the Registration Authorities. In the event the Government claims the subject land as its own, it is open to it to initiate appropriate proceedings before the competent forum in that regard and seek cancellation of the registered transactions thereafter. The endorsement dated 01.07.2013 of the Sub-Registrar, Banaganapalle, is accordingly set aside. The Sub-Registrar, Banaganapalle, is accordingly directed to receive and process the document presented by the petitioner in respect of the subject land without reference to the letter dated 17.01.2012, subject to the document presented for registration being in accordance with the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899.”

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5. Following the above decision, this Writ Petition is disposed of directing the SubRegistrar, Banaganapalle Village and Mandal, Kurnool District (5^th respondent) to furnish market value of the property in issue and receive and process the deed of partition as and when presented by the petitioners in respect of the subject property without reference to the letter vide Lr.R.dis.E2/2845/2010, dated 17.01.2012, of the District Collector and endorsement, dated 03.04.2014, of the Sub-Registrar, Banaganapalle, subject to the document presented for registration being in accordance with the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899. There shall be no order as to costs. Miscellaneous petitions pending in this writ petition, if any, shall stand closed.

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JUSTICE P.NAVEEN RAO

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Date: 10^th April, 2014 KL

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.10944 of 2014

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Date: 10^th April, 2014

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S.Khubrabi, W/o. late Khaja Hussain, v. The Government of a.P., Rep. by its Secretary

Case brief

What is this about?

What did the court decide?

S.Khubrabi, W/o. late Khaja Hussain, v. The Government of a.P., Rep. by its Secretary

Case brief

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