Allowed

P. Dastagiramma, v. The Sub Registrar

Telangana HC16 Apr 2014WP/11415/2014

Case brief

AI extract

What is this about?

The petitioner filed a writ petition seeking issuance of a market value certificate and registration of a partition deed for her property in Survey No.163/1, which was previously included in a prohibited list. Relying on a prior order deleting the survey number from the prohibited list, the court directed the Sub-Registrar to issue the certificate and process the partition deed subject to complian

What did the court decide?

Directed the Sub-Registrar to issue the market value certificate and process the partition deed for the property subject to compliance with statutory requirements.

P. Dastagiramma, Vs The Sub Registrar — Land Acquisition | Telangana HC (2014)

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.11415 of 2014

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Dated : 16.04.2014

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Between:

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P.Dastagiramma, W/o P.Santaiah, House-wife, R/o Banaganapalle Village, Kurnool District.

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.. Petitioner And The Sub-Registrar, Banaganapalle, Kurnool District and three others

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.. Respondents

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This Court made the following :

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THE HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.11415 of 2014

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ORDER :

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The petitioner owns and possesses a house bearing No.6/100 (new), 6/82 (old), an extent of 116 square feet together with land to an extent of 12.88 square yards situated in Survey No.163/1 of Banaganapalle Village, Kurnool District. The petitioner states that in a partition, the above said property was allotted towards her share and with an intention to execute the registered partition deed, she approached the 1^st respondent

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for issuance of market value certificate, who inturn furnished same and stated that no document will be entertained for registration of the said land as the entire land in Survey No.163/1 of Banaganapalle Village is included in the prohibited property.

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2. Vide letter No.R.Dis.(E2)/2845/2010, dated 17.01.2012, the land in Survey No.163/1 of Banaganapalle Village is also included in the prohibited area and the SubRegistrar, Banaganapalle Village was requested not to entertain any document for registration concerning the said survey number.

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3. On the same issue, this Court passed several orders and inspite of the same, the concerned authority is refusing to issue valuation certificate and for entertaining the documents for registration. The approach of the respondents is deprecated.

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4. In W.P.No.20076 of 2012 this Court passed the following order :- “Inasmuch as the house property of the petitioner admeasuring Acs.36.66

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square yards is situated in Survey No.163/1 of Banaganapalle Village and Mandal, Kurnool District, which was originally included in the list of properties prohibited from registration and, now, basing on the written instructions, it is submitted that recommendations have already been made for deletion of the entire Survey No.163/1, admeasuring Acs.78.25 cents, from the properties prohibited from registration under the Registration Act, 1908, 5^th respondent herein is directed to receive and process the document that may be presented by the petitioner for sale of the house property in question, without treating the same as Government property. It is clarified that, it is open to the 5^th respondent to verify whether the said document is in accordance with the Registration Act, 1908 and the Indian Stamp Act, 1899.”

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5. For the reasons alike, this Writ Petition is also disposed of directing the 1^st respondent to issue market value certificate and as and when the deed of partition is presented for registration concerning the house bearing No. No.6/100 (new), 6/82 (old), an extent of 116 square feet together with land to an extent of 12.88 square yards situated in Survey No.163/1 of Banaganapalle Village, Kurnool District, the 1^st respondent shall receive and process the same without reference to the letter No.R.Dis. (E2)/2845/2010, dated 17.01.2012, subject to the documents presented for registration being in accordance with the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899.

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

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__________________________ JUSTICE P.NAVEEN RAO Date : 16.04.2014 ssp

P. Dastagiramma, v. The Sub Registrar

Case brief

What is this about?

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P. Dastagiramma, v. The Sub Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

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