Partly allowed

Putti Soujanya v. The State of Telangana and 3 others

Telangana HC9 Feb 2021WP/1428/2021

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of a writ petition filed for a mandamus directing the registering authority to receive documents for registration of a residential plot. The authority had refused citing the land as ceiling surplus. The Court directed the authority to receive and process documents provided the petitioner complies with the Registration and Stamps Acts, reserving the right to iss

What did the court decide?

Directed the Registering Authority to receive and process the subject documents subject to the petitioner complying with the Registration Act and Stamps Act.

Putti Soujanya Vs The State of Telangana and 3 others — Specific Performance | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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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.AMARNATH GOUD

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WRIT PETITION NO:^'1428 OF 2021

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Between:

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Putti Soujanya, W/o Prasad Aged about 36^years, Occ: Housewife, R/o H No^7-34, Chintakunta, Karimnagar Rural l,4andal, Karimnagar District.

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..,PETITtONER

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AND

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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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The Tahsilda r/N/and a I Revenue Officer, Kothapally Revenue^{I/andal 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 refusing to receive the} documents presented by the^petitioner for registration^{in respectof residentialPlot} No 5 to an extent of 300 sq^yds or 252 sq mts situated^{in Sy No 130 of Rekurthy} Village and Gram Panchayat, Kothapally lvlandal,^{Karimnagar Districtwithout} assigning any reason as being illegal, without^{jurisdictionand contrary to the} Provisions Sec 71(1)(2) of the Registration^Act and^{consequently direct the 3'd} respondent to receive the documents^presented by^{the petitionerfor registration of} residential Plot No 5 to an extent of 300 sq^yds or 252 sq^{mts situated in Sy No 130} of Rekurthy Village and Gram Panchayat,^{KothapallyIUandal, KarimnagarDistrict}

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IA NO: 1 0F 2021

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Petition under Section 151 CPC^{prayingthat 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 5 to an extentof 300} sq yds or 252 sq mts situated in Sy No^{130 of Rekurthy Village& GramPanchayat,} Kothapatly tt/andal, Karimnagar District,^{pending disposalof the writ petition}

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Counsel for the Petitioner : SRI S.RAVINDER^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'BLE SRI JUSTICE T.AMARNATH GOUD

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Writ Petition No. 1428 of 2O21

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ORDER:

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This Writ Petition is filed by the petitioner with the prayer which reads as foilows:-

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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'a respondent in refusing to receive the documents presented by the petitioner for registration in respect of residential Plot No.S to an extent of 300sq.yds or 252 sq.mts., situated in Sy.No. 13O 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 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.71(1)(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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(i)trvery Sub-Registrar^{refusingto registera document'except on} the ground^{that the property to which rt relates is not situatedwithin his} sub-district^{shall make an order of refusal and recordedhis reasonsfor} such order^{in his BookNo 2, and endorse the words" registration} refused." on^{the document;and on application made by any person} executing^{or claimingunder the document' shall' withoutpayrnenta-nd} unnecessary^{delay, give him a copy of the reasons so recorded'}

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(2) No registering^{officer shallacceptfor registrationof a document} soendorsedun]essanduntil,undertheprovisionshereina.fter contained,^{the documentis directed to be registered'}

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In view^{of the above submissionsmade 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^{complyingwith 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 arry other objection' by duly} in support^{of such decisionand communicate} assigning^reasons the said^decision to the^{petitioner'Itis made clear that mere} registration^{of documentdoes not confer title to the property' It is} aiso made^{clear that thisorder does notprecludethe} Government/District^{coilector totake appropriate stepsas} warranted^{by iaw and to assert its title'}

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Miscelianeous^{Petitions pending in this Writ Petition shail} stand closed.^{No orderas to costs'}

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SD/.B.SATYAVATHI ASSISTANT^REGISTRAR ! lt5 //TRUE^COPY// SECTION^OFFICER

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i ffii**ffi^{'slg*ffifiryilf-'t' :::-"} District.

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(

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One CC to Sri^{S.RavinderReddy,Advocate[OPUC]} 6: il; CCs to GP^{for Revenue,HiOh Court for the State of Telanganaat} Hyderabad [OUT]

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Two CD CoPies

Kj.

HIGH COURT

DATED:0910212021

ORDER

WP.No.1428 of 2021

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DISPOSING OF THE WRIT PETITION WITH.OUT COSTS.

Putti Soujanya v. The State of Telangana and 3 others

Case brief

What is this about?

What did the court decide?

Putti Soujanya 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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