Disposed

Sirikonda Vijaya Lakshmi v. The State of Telangana, And 3 Others

Telangana HC9 Feb 2021WP/1411/2021

Case brief

AI extract

What is this about?

Writ petition filed challenging the refusal of the registering authority to accept documents for registration of a residential plot without assigning reasons. The order directs the authority to receive and process the documents subject to legal compliance regarding title and ceiling laws.

What did the court decide?

The Registering Authority was directed to receive and process the subject documents for registration, subject to the petitioner complying with the Registration and Stamps Acts.

Sirikonda Vijaya Lakshmi Vs The State of Telangana, And 3 Others — Telangana HC (2021) — LawSathi Research

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original J urisdiction)

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TUESDAY, THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE T,AMARNATH GOUD

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WRIT PETITION NO: 141'l OF 2021

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Betwee n:

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Sirikonda Vijaya Lakshmi, W/o Srinivas, Aged about 53 years, Occ: Housewife Rl/o H.No.8-43, Rekurthi, Karimnagar District.

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...'ET'T.ONER

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AND

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'1. The State of Telangana, Rep by its Principal Secretary, Revenue, Registration and Stamps Department, Secretariat buildings, Hyderabad

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The District Registrar of Assurances Registration and Stamps Department Karimnagar Town and District Karimnagar, Telangana

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The Sub Registrar, Gangadhara, Karimnagar District

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4, The Ta hsild a r/l,4and al Revenue Officer, Kothapally Revenue Ivlandal Karimnagar District

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...RESP.NDENTS

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Petition under Article 226 of lhe Constitution of lndia^prayingthat in^the circumstances stated in the affidavit filed therewith, the High Court^{may be pleased to} issue an order or direction more^particularly one in the nature of Writ of^IVANDAIVUS by declaring the action of the 3'd respondent in^{refusingto receivethe documents} presented by the petitioner for registration in respect of residential Plot No 224 lo an extent of 166.66 sq yds or 139.99 sq mts situated in^{Sy No 140 of Rekurthy Village} and Gram Panchayat, Kothapally tt/andal, Karimnagar^{District without assigningany} reason as being illegal, without^jurisdiction and^{contraryto the ProvisionsSec} 71(1)(2) of the Registration Act and consequently direct^{the 3'd respondentto receive} the documents^presented by the^{petitionerfor registrationof residentialPlot to an} extent of^'166.66 sq^yds or 139.99 sq mts situated^{in Sy No 140 of Rekurthy Village} and Gram Panchayat, Kothapally Mandal,^{Karimnagar District}

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lA NO: 1 OF 2021

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Petition under Section 151 CPC^praying that^{in the circumstancesstated in the} affidavit filed in support of the^{petition,the High Court may be pleased to direct the 3'd} respondent to receive forthwith and^{register the document presented for registration} by the petitioner in respect^{of residential Plot No 224 lo an extentof 166.66 sq yds or} 139.99 sq mts situated in^{Sy No 140 of RekurthyVillageand Gram Panchayat,} Kothapally It,4andal, Karimnagar^{DiStriCt,pending disposal of the Writ petition}

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Counsel for the Petitioner^{: SRI S'RAVINDERREDDY}

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Counsel for the Respondents^{: GP FORSTAMPS AND REGISTRATION}

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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. 1411 of 2O2l

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ORDER:

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This Writ Petition is filed by the petitioner with the prayer s hich 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 3r(l respondent in refusing to receive the documents presented by the petitioner for registration in respect of residential plot No 224 to an extent of 166.66 sq yds or 139.99 sq.mts situated in Sy.No. 140 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.71(1)(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 Stamps and Registration 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.71(1)(2) of the Registration Act. Therefore, the petitioner seeks to clirect the respondent authorities to receive and process his documents for registration.

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On the other hand, learned Govt. pleader, on instructions, rvould 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 71 of the Registration Act, 1908, reads as follows:

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Reasons for refusal to register to be recorded---

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{l)Every^{Sub-Registrarrefusing} 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 document; and on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.

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(2) No registering officer shall accept for registration of a document so endorsed unless and until, under the provisions hereina-fter 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, 1908, 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 lndian Registration Act, 1908, and the Indian Stamps Act, 1899. It r,r'ill 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 decision and 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 preclude^the Government/ District Collector to take appropriate^{steps as} warranted by 1aw and to assert its title.

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Miscellaneous Petitions pendlng in this^{Writ Petitionshall} stand closed. No order as to costs.

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SD/.B.SATYAVATHI ASSISTANT REGISTRAR ,TRUE COPY' Cto SECTION OFFICER

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The Principal secretary,^{Revenue,Registratron andstampsDepartment, stateof} Telangana, Secretariat^{buildings,Hy{erabad} 2. The Djstrici Registrar of^{AssuranceiRegistratron andStamps Department} Karimnagar Town and^{District Karimnagar' Telangana} 3. The Sub-Registrar. Gangadhara.^{KarimnagarDistric-t} a. ffre iif,sttOirlUanOat R6venue^{Officer, Kothapally Revenue Mandal Karimnagar} District

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One CC to Sri S.Ravinder Reddv. Advocate lOpUCl 6. Two CCs to GP for Stamps and hegistration, Higntourt for the State of _^{Telangana at Hyderabad} [OUT] 7. Two CD Copies Kj.

OV"z

HIGH COURT

DATED:0910212021

ORDER

lolo 22 FEB 2021 Cz
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Di.,,, :/

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WP.No.1411 of 2021

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

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1D?i.^. )t^rq-""1

Sirikonda Vijaya Lakshmi v. The State of Telangana, And 3 Others

Case brief

What is this about?

What did the court decide?

Sirikonda Vijaya Lakshmi v. The State of Telangana, And 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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