This order issues notice to respondents regarding an interim application seeking direction to register a development agreement pending a writ petition. The petitioners seek enforcement of circular instructions regarding PTIN/LTA declarations.
Order issued directing notice to respondents showing cause why application should not be complied with.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA . ATHYDERABAI)
,./
WEDNESDAY, THE TWENTY THIRD DAY OF OCTOBERTWO THOUSAND AND NINETEEN .
[2s86 I
:PRESENT:
THE HON'BLE SRI JUSTICE P NAVEEN RAO..
IA No. 1 OF 2019 IN
WP NO: 21784 OF 2019
Between:
Aqeel Ahmed, S/o.late Abdul Rasheed-
...Petitioner
(Petitioner in WP.No.2l784 OF 2019 on the file of High Court)
AND
...Respondents
(Respondents in-do-)
Counsel for the Petitioner : MR.KALYAN KUMAR ELURI Counscl for the Respondents I to,l :GP FOR REVENUE (TG),
Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 4th respondent to register and release the pending document no.Pl426/2019 presented by the petitioner in respect of property bearing municipal no.l0-3-2821N 8/3/6, admeasuring 852 sq. yards, in sy.nos.6&7 of Mallepally-Village and in syno.67 of Asiftagar Village, both under Asifnagar Mandal, Hyderabad District, immediately, pending disposal of the WPNo.2l784 of 2019, on the file of the High Court.
The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.(The receipt of this order will be deemed to be the receipt ofnotice in the case). .
OII,DER:
Development agreement-cum-General Power of Attorney presented by the petitioner for registration is refused on the ground that along with the said document, the petitioner has not given the details of Property Tax Identification Number (PTIN) or Vacant Land Tax Assessment Number (VLTA) as required by the circular instructions of the Commissioner and Inspector General of Registration and Stamps, dated 20.05.2019. ,.
l,earned counsel for the petitioner submits that the Circular Memo, dated L7.04.2017, was issued. Along with the said Memo, a declaration was also furnished, which enables that a person can give a declaration^ that if PTIN is not furnished to him, filing such declaration is sufficient and he sha11 not be insisted for PTIN.
Learned Government Pleader for Revenue submits that further clarification was issued on 27.O9.2O 19 dealing with the instructions. Therefore, on going through the said instructions, it is clear that it does not deal with PTIN issue, but deals with several other aspects including VLTA.
Subject to petitioner liling a declaration in the form appended to Memo dated 17.04.2017, the Sub Registrar, Golconda, Hyderabad, may process the deed of conveyance fresented by him and register it if it is otherwise in order. Any such registration sha11 abide the resuit of the Writ Petition.
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SI'I- CH.VENKAI"ESWARI ATiSISTANTRE TRAR.
/iTRUE COPY//
SECTI OFFICEI{
To
HIGH COTI]I.T
PNIT,J
DATED: 23. t0.l0l9
I.A.NO.1 0F 2019 IN
WP.NO.21784()F 2019
INTERIM DIRI,CTIo]{
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1 issue framed by the court
Whether the High Court should exercise its inherent powers under Section 151 CPC to direct registration of a property document pending disposal of a writ petition.
1 provisions across 1 enactments
Aqeel Ahmed
State of Telangana
P Naveen Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
