Allowed

Yelika Madhavi, W/o. Yelika Hari Babu, v. State of Andhra Pradesh Rep. by its Principal Secretary

Telangana HC4 Aug 2017WP/25997/2017

Case brief

AI extract

What is this about?

The Court allowed the writ petitions aggrieved by the denial of registration of sale deeds by the Joint Sub-Registrar, Kanigiri. The refusal was based on a Memo from the IGP of Registration invoking a High Court order regarding pending litigation. The Court held that Authorities cannot refuse registration merely due to pending litigation if not restrained by an injunction. The refusal orders were

What did the court decide?

The writ petitions were allowed, setting aside the refusal orders dated 27.07.2015. The Sub Registrar was directed to receive the documents and, if they fulfil the requirements of the Registration Act

Yelika Madhavi, W/o. Yelika Hari Babu, Vs State of… — Property and Title | Telangana HC (2017)

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HONOURABLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION NOs.25997, 26045 & 26053 of 2017

Date: 04.08.2017

WP No.25996 of 2017:

Between:

Yelika Madhavi W/o Yelika Hari Babu, Aged about 36 years, r/o Door No.9-686-6, Sai Nagar, Ward No.9, Kanigiri Post and village, Prakasam district

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…..Petitioner

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and

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State of Andhra Pradesh, rep.by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Andhra Pradesh and others.

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…..Respondents

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The Court made the following:

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PNR,J

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W.P.NOs.25997 of 2017 & batch

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HONOURABLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION NOs.25997, 26045 & 26053 of 2017

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COMMON ORDER:

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The petitioners are aggrieved by the individual refusal orders dated 27.07.2015 passed by the Joint Sub-Registrar, Kanigiri, Prakasam District, denying registration of the sale deeds presented by them relating to the lands in Sy.No.472 of Kanigiri Village and Mandal, Prakasam district.

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The impugned orders reflect reason for denying registration on the ground that Inspector General and Commissioner of Registration and Stamps, Andhra Pradesh, issued Memo dated 01.12.2011 informing the order passed by the High Court of Madras in Contempt Petition No.1205 of 2010 on 15.03.2011.

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This Court had occasion to consider the Memo dated 01.12.2011 issued by the Inspector General and Commissioner of Registration and Stamps, Andhra Pradesh, pursuant to the order passed by the Madras High Court in Contempt Petition No.1205 of 2010, in W.P.No.34689 of 2012, W.P.No.7148 of 2013 and W.P.No.13573. Those writ petitions were disposed of holding that the Registration Authorities, unless restrained by a Court of competent jurisdiction through an injunction against alienation/transfer of the properties in respect of which a document was sought to be registered, could not refuse registration on the ground of pending litigation. The Registration Authorities were, therefore, directed to receive and register the documents presented by the petitioners therein subject to the documents being in accordance with the provisions of law. Thus reason assigned by the Joint Sub-Registrar,

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PNR,J

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W.P.NOs.25997 of 2017 & batch

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Kanigiri, in the refusal orders dated 27.07.2015, therefore, does not hold water.

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The writ petitions are, accordingly, allowed setting aside the refusal orders dated 27.07.2015. There shall be consequential direction to the Joint Sub-Registrar, Kanigiri, to receive and process the documents presented by the petitioners in respect of the subject lands without reference to the order dated 15.03.2011 of the High Court of Madras in Contempt Petition No.1205 of 2010. In the event the documents presented are found to fulfil the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899, the SubRegistrar, Kanigiri, shall complete the registration formalities and release the documents in accordance with the due procedure.

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Miscellaneous petitions, if any, pending in these writ petitions

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shall stand closed. There shall be no order as to costs.

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___________________________ JUSTICE P.NAVEEN RAO

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Date: 04.08.2017 kkm

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PNR,J

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W.P.NOs.25997 of 2017 & batch

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HON’BLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION NOs.25997, 26045 & 26053 of 2017

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Date: 04.08.2017

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kkm

Yelika Madhavi, W/o. Yelika Hari Babu, v. State of Andhra Pradesh Rep. by its Principal Secretary

Case brief

What is this about?

What did the court decide?

Yelika Madhavi, W/o. Yelika Hari Babu, v. State of Andhra Pradesh Rep. by its Principal Secretary

Case brief

What is this about?

What did the court decide?

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