Allowed

Putti Prasad v. The State of Telangana and 3 Others

Telangana HC9 Feb 2021WP/1398/2021

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of a writ petition filed by a landowner challenging the refusal of registry authorities to accept documents for registering residential plots. The Court directed the authorities to receive the documents subject to compliance with the Registration and Stamps Acts and clarified that registration does not confer title.

What did the court decide?

Direction to the Registering Authority to receive and process the documents for registration pending disposal of the writ petition, subject to complying with the Registration Act, 1908, and the Stamps

Putti Prasad Vs The State of Telangana and 3 Others — Property and Title | Telangana HC (2021)

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(

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HIGH COURT FOR THE STATE OF^TELANGANA AT HYDERABAD (Special Original J urisdiction)

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TUESDAY, THE NINTH DAY OF FEBRUARY

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TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE^{T.AMARNATHGOUD}

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WRIT PETITION NO:^'1398 OF²⁰²¹

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Between:

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Puiti Prasad, S/o Lurdaiah,^{Aged about 41 years, Occ. Business,F/o H No 7-34'} Chintakunta,KarimnagarRural-Mandal,KarimnagarDistrict. ...pETlTlONER

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AND

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1 . The state of Telangana,^{Rep by its Principalsecretary, Revenue, Registration}

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and Stamps Depar{ment, S6cr6tariat^{Buildings, Hyderabad'}

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The Distribt Relistrar^{of Assurances,Registration andStamps Department'} Karimnaqar Town and District,^{Karimnagar, Telangana.}

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The Sub-Registrar,^{Gangadhara' Karimnagar District'}

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a. Tn" trf,sitO 5rlMand al^{R6venue Offrcer, Kothapally Revenue Mandal, Karimnagar} District

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...RESP.NDENTS

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Petition under Article^{226 ol the constitution of lndia praying that in the} circumstances stated^{in the affidavitfiled therewith,the HighCourl maybe ple-ased to} issue an order or direction^{more particularlyone in the nature of writ of IVANDAMUS} by^jectaring the^{action of the 3id respondentin refusingto receive_ the. documents} pi.t.nt.O 6y the^petitioner for^{registrationin resp€ct of residential Plot No 12 to an} Lxtent of 200 sq^{yds or 16g sq mts and plot No 16 to an extent of 200 sq yds or 168} ,q'rt, ,itrrtuo ii sy^{No .130 of Rekurthy village and Gram Panchayat,Kothapally} Mandal, Karimnagar^{Districtwithout assigningany reason as being illegal,without} iurisdiction and contrary^{to the Provisiona Sec 71(1X2)of the RegistrationAct and} |".*qr".tf, lirect^{tfre 3'd respondentto receive the documents presentedby the} p"titi"""i f"i ,"gistration of resiiential^{Plot No 12 to an extent of 200 sq yds or1 68 sq} mtsandPlotNol6toanextentof200sqydsorl68sqmtssituatedinSyNo,l30of n"f,rrtt V Village and^{Gram Panchayat, Kothapally Mandal, Karimnagar District}

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IA NO: 1 OF²⁰²¹

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Petition under section^{15'l cPc prayingthatin the circumstances stated in the} affidavit filed^{in support of the petition,the High co,rt may be pleased to direct the 3.d} L.pona""t to^{receive forthwit'hand register the document presented for registration} by irre^{petitioner in respectof residentia-lplot No 12 to an extent of 200 sq yds or 168} ,[ mts'ano^{plot No1 6 to an extent of 200 sq yds or 1 68 sq mts situated in Sy No1 30} ;i R;k;;hy Vi'age^{and Gram panchayat, kothapatly Mandal, KarimnagarDistrict.} pending disposal of the writ^petition

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Counsel for the^{Petitioner: SRIS.RAVINDERREDDY}

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Counsel for the^{Respondents : GPFOR REVENUE}

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The Court made^{the following:ORDER}

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THE HON'BLE SRI JUSTICE T.AMARNATH GOUD

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Writ Petition No. 1398 of 2O2l

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ORDER:

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This Writ Petition is filed by the petitioner with the praye-r which reads as follows:-

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"to issue an order or direction more particularly one in the nature of Writ of MANDAMUS by declaring the action of the 3'<r respondent in refusing to receive the documents presented by the petitioner for registration in respect of residential plot No. 12 to an extent of 200sq.yds or 168 sq.mts., and plot No.16 to an extent of 2Oosq.yds or 168 sq. mrs. , situated in Sy.No. t30 of Rekurthy Village and Gram Panchayat, Kothapally Mandal, Karimnagar District without assigning any reason as being illegal without jurisdiction and contrary to the Provisions Sec.7l(l)(2) of the Registration Act and consequently direct the 3rd respondent to receive the documents presented by the petitioner for registration^,,

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Heard learned counsel for the petitioner and the learned Government Pleader for Revenue for the respondents.

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The grievance of the petitioner is that the respondent authorities are refusing to receive the documents presented by the petitioner for registration in respect of subject residential plot, without assigning any reasons which is contrary to the provisions of Sec.7l(l)(2) of the Registration Act. Therefore, the petitioner seeks to direct the respondent authorities to receive and process his documents for registration.

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On the other hand, learned Govt. pleader, on instructions, would submit that the subject lands are ceiling surplus lands and so the respondents are refusing to register the said documents.

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The procedure contemplated under Section 7l of the,, Registration Act, 1908, reads as follows:

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Reasons for refusal to register to be recorded-__

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)

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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 sha-ll make an order of refusa.l and recorded his reasons for such order in his Book No.2, and endorse the words" registration refused" on the document; and on application made by any person executing or claiming under the document, shal1, without payrnent and unnecessary delay, grve him a copy of the reasons so recorded.

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(2) No registering oflicer shall accept for registration of a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.

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In view of the above submissions made by both the^parties coupled with the provision of Section 71 of the Registration^Act, i908, the Writ Petition is disposed of directing the^Registering Authority to receive and process the subject documents,^{subject to} the petitioner complying with the^provisions of the^Indian Registration Act, 1908, and the Indian^{Stamps Act, 1899. It will be} open to the Registering Authority to^{refuse/receive the documents} presented before him, if he has any other objection,^{by duly} assigning reasons in support of such^{decisionand communicate} the said decision to the petitioner. It^{is made clear that mere} registration of document does not^confer title^{to the property' It is} also made clear that this order^{does not precludethe} Government/ District Collector to take^{appropriatesteps as} warranted by law and to assert its^title.

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i I

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Miscellaneous Petitions^{pending in this Writ Petitionshall} stand close,d. No order as to costs.

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The Principal Secretary, Revenue,^{Registration and Stamps Department, Stateof} Telanqana Secretariat Buildings,^Hyderabad

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2 The D'istrict Registrar of Assurance's,^{Registration andStamps Department,} Karimnagar Town and District,^{Karimnagar,Telangana.} The SubRegistrar, Gangadhara,^{Karimnagar District.}

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4 tne Tal-rsitOdr/Mandal^{R-evenueOfficer, Kothapally Revenue Mandal, Karimnagar} . District.

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5 One CC to Sri S.Ravinder^{Reddy, Advocate} [OPUC] 6 iwo CCsto GP for Revenue,^{Hi-ghCourt for the State of Telanganaat} Hyderabad [OUT]

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7 Two CD Copies

HIGH COURT

DATED:0910212021

ORDER

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WP.No.1398 of 2021

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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Putti Prasad v. The State of Telangana and 3 Others

Case brief

What is this about?

What did the court decide?

Putti Prasad v. The State of Telangana and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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