Allowed

Kethavath Shankar v. The State of Telangana

Telangana HC22 Oct 2021WP/11729/2021

Case brief

AI extract

What is this about?

In this writ petition and Section 151 CPC petition regarding the refusal to register a land document, the High Court disposed of the matter at the stage of admission. Relying on Section 71 of the Registration Act, the court directed the registering authority to receive and process the document, subject to statutory compliance.

What did the court decide?

Directed the Registering Authority to receive and process the subject document, subject to compliance with the Registration Act and Stamp Act.

Kethavath Shankar Vs The State of Telangana — Land Acquisition | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD (Speciat Original Jurisdiction)

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FRIDAY, THE TWENTY SECOND DAY OF OCTOBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRIJUSTICE A.ABHISHEK REDDY

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Between:

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W IT PETITI ONN :11729 OF 2021

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Kethavath Shankar. S/o.Ke-thavath Chandu, Aged about 44 vears. R:3;fff'S#,H'.e, Rvo.H.ruo.s-s37t, uror<ira irilirii, sffi;i"'p;ri M*t}, f!fiir";

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...PETITIONER

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AND

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l The state of reranoana,.rep. by its principar secretary, Revenue Department, Secretariat at Hvdeiaba'd

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The District Coll-ector, Ranga Reddy District at Khairatabad.

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3 The Tahsirdar - cum- Joint"sub Redistr;;, srra;karpatty MJnoar, Ranga Reddy District.

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...RESPONDENTS

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Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ order or direction particularly one in the nature of writ of l\rlandamus declaring the action of the 3rd respondent in refusing to receive, register and release the document presented by the petitioner for registration in respect of the land in sy.Nc.96111lA2 to an extent of Ac 012gts and Sy.No.96/1^.l/A1 to an extent of Ac 0.13gts total extent of Ac 0.25gts situated at fvlokila vlllage. snankarpally Mandal, Ranga Reddy District on the ground that the Draft Notification issued in File No.E5i4981l2013/shankarpatly/ Mokita (R.R No.97), dated 28.9.2013 issued by the 2nd respondent under section 22-A (1) (a) of the Registration Act calling the objections and suggestions for inclusion of land In sy.No.96/1 1tA2 to an extent of Ac 012gts and Sy.No.96/111A1 to an extent of Ac 0.13gts total extent of Ac 0.25gts situated at Mokila village, Shankarpally Mandal, Ranga Reddy District and on verification certificate issued in Lr.No.VRo/Mokilat2013, dated 8.4.2013 issued by the 3rd respondent is illegal, arbitrary, without jurisdiction and contrary to the provisions of Stamps and Registration Act 1908 and consequenfly selaside the said notifications dated 28.9.2013 issued by the 2nd respondent and Verification Certificate dated 8.4.20 13 issued by the 3rd respondent.

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lA NO: 1 OF 2021

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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 3rd respondent to receive, register and release the document presented by the petitioner for registration in respect of the land in Sy.No.96/1 '1 lA2 to an extent of Ac 012gts and Sy.No.96/1 1/A1 to an extent of Ac 0.13gts total extent of Ac 0.25gts without reference to the Notification issued in File No. E5/4981120131 Shankarpally/

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/ 7

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Ir,4okila, dated 28.5.2013^{issuedby the 2nd respondent and Ver'ficationcertificate in} Lr.No.VRo/Mokila/2013,dated8.4.20l3issuedbythe3rdrespondent,pending

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disposal of the^{abovewrit petition.}

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Counsel for the^{Petitioner:SRI M. DURGA PRASAD} Gounsel forthe^{Respondents:GPFOR REVENUE}

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The Court made^{the following:ORDER}

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THE HON'BLE SRI JUSTICE A.ABHISHEK IIEDI]Y WRIT PETITION No.11729 of 2021

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ORDER:

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Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue for ail the respondents. With their consent, the Writ Petition is disposed of at.the stage of admission.

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The main grievance of the petitioner is that respondent No.3 is refusing to receive, register and release the document presented by him in respect of the subject land situated at Mokila Village, Shankarpally Mandal, Ranga Reddy District,

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Learnecl Government Pleader has stated that the official respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908.

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Section 71 of the Registration Act, 1908 (for short'the Act') leacls as follon,s:

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Reasons ior refusal to register to be recorded. -

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(1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated within his sub-district shall make an order of refusal and recorded his reasons for such order in his Book No.2, and endorse the words^{"registration} refused" on the documenU and, on application made by any Person executing or claiming under the document, shall,^without payment and unnecessary de1ay, give him a copy of the reasons so lecorded.

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(2) No registering officer sha1l accept for l'egistration^a document so endorsed unless and until, under^the provisions hereinaftet contained, the document^{is directed} to be registerccl.

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In view of the above^{submissionmade by the learned} Government Pleader coupled^{with the provision of Set:tion 71 of the} Registration Act, 1908, the Writ^{Petition is disposed o. directing the} Registering Authority to receive and process the^{subiect document,} subject to the petitioner complying with the pror^isions of^the Registration Act, 190E, and Indian Stamp Act, 1899, It will be open to the Registering Authority to refuse/receive the docur-nent presented before him, if he has any other objection, by dull, assigning reasons in support of such decision and conrmunicate the said decision to the petitioner

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The misceilaneous petitions pending, if any, shall stand

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closed. There shal1 be no order as to costs

SD/- V.SUDHA

ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Principal Secretary, Revenue Department, State of Telangana, Secretariat at Hyderabad

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The District Collector, Ranga Reddy District at Khairatabad. 3. The Tahsildar - cum- Joint Sub Registrar, Shankarpally lr/andal, Ranga Reddy District.

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One CC to Sri M. Durga Prasad, Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT]

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Two CD Copies

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One Spare Copy

stTl

HIGH^COURT

DpJ'ED22l1012021

ORDER

WP.No.11729^{of 2021}

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1k\ E STA 16
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d 01 No't?{!?l
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* DI: r r ,.-- f

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DISPOSING^{OF THEWP.} AT THE STAGE^{OF ADMISSION} WITHOUT COSTS.

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Kethavath Shankar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Kethavath Shankar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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