Disposed

Maddhi Divakar Reddy v. State of Telangana

Telangana HC21 Oct 2021WP/13102/2021

Case brief

AI extract

What is this about?

The High Court disposed of a Writ Petition and Miscellaneous Petition filed by a petitioner challenging the refusal to register a sale deed. The court held that as the land was treated as non-agricultural, the registering authority had no legal basis for keeping the document pending and directed registration.

What did the court decide?

The respondent No.3 is directed to receive, register, process and release the document presented by the petitioner vide document P-59112021.

Maddhi Divakar Reddy Vs State of Telangana — Property and Title | Telangana HC (2021)

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H,GH COURT FOR THE ST rsoi",Ii 3,I5, 35 l[I|jlf,*f^Ar HvDERABAD

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.) rHURsDAy, THE TWENTy Frper r.r^., ^_ _ ,*o irb,JoEUJIi,Sil?iI,25 ocroB ER

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PRESENT

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THE HON'BLE SRIJUSTICE A.ABHISHEK REDDY W RITP TITI NN .13102 oF2 21

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Between:

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|o11?:b?ii3:i',ffi111.'r'&Uliig3ly;;61lff ?l5,sasedaboutseyearsR/o3.1-

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AND ...PETITIONER

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State of Telangana, rer Revenue (Regn.) pp!?.4TgnJ rt s."r"tu1iiil,"ii["9J.,,^{its Principalsecretary,} "

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i,r[:i;lis,.$:firhiffi,t?&f H:[:ll+ilrfnu;n,,,o,.,,,.,

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...RESPONDENTS

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Petition under Articre 226 of the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be preased to issue a writ of Mandamus or any other appropriate writ or Writs, order or Direction, declaring the action of Respondent No.3 in refusing to register the sale Deed presented by petitioner and keeping the said document pending vide p- 59112021 in respect of property bearing H.No. 6-54/1/A admeasuring 3630 sq yds in sy No. 51/A/D situated at Peerzadiguda Village and Municipal corporation, Medipally Mandal, Medchal Malkajgiri District as illegal, arbitrary and contrary to the provisions of Registration Act and to consequently direct the 3rd Respondent to forthwith register and release the Sale Deed presented by petitioner vide document P-59112021 in respect of the above property Award costs.

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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 issue interim directions to the Respondent No.3 to forthwith register and release the Sale Deed presented by^petitioner vide P-591/2021 in respect of^property bearing H.No. 6-5411l\ admeasuring 3630 sq^yds in Sy No. 5'1/A/D situated at^Peerzadiguda Village and Municipal Corporation, Medipally Mandal, Medchal^{lt/lalkajgiriDistrict,} pending disposal of W P No. of 2021.

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Counsel for the Petitioner: SRI N. SREEDHAR^REDDY

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Counsel for the Respondents: GP FOR REVENUE

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The Court made the following: ORDER

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THE^{HON'TILESRI JUSTICE A'ABHISHEKREDDY} ON No.13^{1O2 of202L} WRIT^P

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ORDER:

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Heardthelearnedcounselforthepetitionerandthelearned Government^{Pleader for Revenuefor respondents With their} consent,^{the Writ Petition is disposed of at the stage of admission}

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Aggrieved by^{the action of respondentNo 3 in refusing to} register the^{sale cleedpresentedby the petitioner in respectof the} property bearing^{H.No.6-54/ 1/A admeasuring3630 sq yards in} survey No.5^L /A/ D^{situated at Peerzadiguda Village'Medipally} Mandal, Medchal-Malkajgiri^{District, and keeping it pendingvide} P.5gt 12021,lhe^{presentwrit petitionis filed.}

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Learned counsel for the^{petitioner has stated that the} registering authorities have kept the^{document pendingon the} ground that the subject land is classified as 'agricultural^land'.

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As can be seen from the endorsement dated 07.05^{202 1 of} the respondent No,4-Tahsildar, the land in survey No.S1/A/A is a patta land and the same is treated as a 'Non-Agricultural land'. Thelefore, the stand ta.ken by the Registering Authority is without any legal basis.

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In that view of the matter, the respondent No.3 is directed to receive, register, process and release the document presented by the petitioner. ln case, respondent No.3 is having any other objection lor registering the subject document, it will be open to him to refuse the registration duly assigning reasons in support of such decision and communicate the said decision to the petltioner.

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Accordingly, the Writperitjon is disposed ol

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The miscellaneous petitions pending, if any, shall stand

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closed. There shall be no order as to costs.

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//rRUE coPytt^{*t'SP1'fttq$ry}

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ro,

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'1, The principar secretarv Rorro,.,,^ /E)^-- \ EcrloN oFFlcER , Pffrglgigtilvo"iJBp' Revenue (Regn.) Deparrment, State of retangana, at

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i ffi535f5ffi%rffi5il*:,:," .r re angana a, , i#:%BatJ8y,r One Spare Copy.

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,rU. fd!

HIGH COURT

DATED:21^11012021

ORDER

WP.No.13102 ol 2021

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Maddhi Divakar Reddy v. State of Telangana

Case brief

What is this about?

What did the court decide?

Maddhi Divakar Reddy v. State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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