Allowed

Sri Ilindra Siva Guru Venkata Satyanarayana Gupta, v. The State of Andhra Pradesh

Telangana HC16 Dec 2015WP/40840/2015

Case brief

AI extract

What is this about?

The High Court declared the non-entertainment of a mortgage deed for registration as illegal. The registration authority was directed to receive, process, and register the document if compliant with the Registration and Stamp Acts, or record a refusal with reasons under Section 71. Writ petition disposed.

What did the court decide?

Directed registration authority to receive and process the mortgage deed; register if compliant or record refusal with reasons under Section 71; dispose of writ petition.

Sri Ilindra Siva Guru Venkata Satyanarayana Gupta, Vs… — Specific Performance | Telangana HC (2015)

¶1

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH

¶2

¶3

WRIT PETITION No. 40840 of 2015

¶4

BETWEEN

¶5

Sri Ilindra Siva Guru Venkata Satyanarayana Gupta

¶6

… PETITIONER

¶7

AND

¶8

The State of Andhra Pradesh, rep. by its Principal Secretary and others

¶9

...RESPONDENTS

¶10

Date of Order pronounced: 16.12.2015

¶11

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR 1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?
2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?
3. Whether his Lordship wish to see the Yes/No fair copy of the Judgment?

¶12

ORDER:-

¶13

Heard.

¶14

2. By this writ petition, petitioner approached this Court seeking to declare the action of the respondents in not entertaining any mortgage deed for registration, which the petitioner intended to make in respect of Flat No.G-

¶15

7, admeasuring 1690 sft (undivided and unspecified share of 22.50 sq.yds.,) in the ground floor of Block-A “Meridian Sea Shells Enclave”, Near Governor Banglow, Visakhapatnam, as illegal.

¶16

3. Apparently, petitioner has not presented the document before the third respondent. Petitioner is at liberty to present the document and if such document is presented, the third respondent shall receive and process the same. The third respondent is further directed to receive and process the document in accordance with the Registration Act, 1908 and Indian Stamp Act, 1899 and if the document is in conformity with the provisions of the aforesaid enactments, thereafter, register and release the document in accordance with the due procedure. It is also made clear that in the event of registering authority not being satisfied with the compliance under the Registration Act or the Stamp Act, appropriate refusal endorsement together with reasons shall be recorded and communicated to the petitioner in terms of Section 71 of the Registration Act.

¶17

With the above direction, writ petition is disposed of.

¶18

As a sequel the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

¶19

_____________________ VILAS V. AFZULPURKAR, J

¶20

December 16, 2015 LMV

Sri Ilindra Siva Guru Venkata Satyanarayana Gupta, v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Sri Ilindra Siva Guru Venkata Satyanarayana Gupta, v. The State 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

Similar cases

Gangasani Nagaraju Vs The State of Andhra Pradesh

Boyapasula Husenaiah, Vs The State of Andhra Pradesh

Arshiya Zabeen, Vs The State of Andhra Pradesh, Rep. by its Principal Secretary

Smt. Gorli Venkata Madhuri , Beera Venkata Madhuri, Vs The State of Andhra Pradesh, rep by its Principal Secretary

Velagala Satti Reddy, Son of Late Nagi Reddy Vs The State of Andhra Pradesh

Chilakala Veeranjaneyulu S/o Chinna Pullaiah Vs The State of Andhra Pradesh