Disposed

Gunna Bheemaiah v. The State of Telangana

Telangana HC21 Oct 2021WP/14511/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the refusal to register a document by the Tahsildar. The court directedthe registering authority to receive and process the document, subject to compliance with statutory laws regarding registration and stamp duty.

What did the court decide?

Directing the registering authority to receive and process the subject document for registration, subject to statutory compliance.

Gunna Bheemaiah Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2021)

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

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)

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THURSDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRIJUSTICE A. ABHISHEK REDDY

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WRIT PETITION NO: 1451 1 OF 2021

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Between:

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Gunna Bheemaiah, S/o.Chennaiah, Aged about 66 years, Occ: Business, R/o. Elikatta Village, Faroonagar Manda,l Mahabubnagar District.

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...PETITIONER

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AND

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

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2 The District Collector, Ranga Reddy District. a The Revenue Divisional Officer, Shadnagar Division, Ranga Reddy District

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4 The Tahsildar, Faroopagar Mandal Ranga Reddy District. 5 The Sub-Registrar, Farooqnagar, Ranga Reddy District. 6 Jakkula Balaiah @ Chinna Balaiah, S/o.Shivaiah, Aged 46 years, Occ: Agriculture, R/o H. No.5-62 Ir/ahal Elikatta, H/o.Elikatta Village Farooqnagar Mandal, 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 more^particularly one in the nature of Writ of Mandamus, declaring the action of the Respondent No.4 in not entertaining the document for registration in relation to the^{propertyto an extent of Ac.2.09 gts in} Sy.No.456/A of Elikatta Village, Farooqnagar^{Mandal, Ranga Reddy Districton the} ground that the same was included in the^prohibitory list^pursuant to the^letter dt.O\tO2l2O2O addressed by the 6th^{Respondentthroughhis advocate as illegal'} arbitrary, contrary to the Stamps and^{Registration Act and violation of Article 14 and} 300-4 of lndian Constitution and consequently^{direct the 4th respondentto complete} the registration for above^propefiy.

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lA NO: 1 OF 2021

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Petition under Section 151 CPC^{prayingthatin the circumstances stated in the} affidavit filed in support of the^{petition, the High Court may be pleased to directthe} 4th respondent to receive and^process the document^{for regrstrationin relationto the} property to an extent of Ac.2.09 gts in Sy.No.456/A of Elikatta Village, Faroognagar lvlandal, Ranga Reddy District,^pending disposal of the^{main Writ Petition.} Counsel for the Petitioner: SRl. T. RAJINIKANTH^REDDY

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Counsel for the Respondent Nos.1 to 5: GP^FORREVENUE

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Counsel for the Respondent No.6: NONE APPEARED

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The Court at the stage of admission made the^{following: ORDER}

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THE HoN'BLE SRI^{JUSTICEA.ABHISHEKREDDY}

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\VRIT PETITIO N No.145^{LL of 2O2l}

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ORDER:

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Heard the learned^{counsel for the petitioner and the learned} Government Pleader for^{Revenuefor respondents'With their} consent, the Writ^{Petition is disposed of at the stage of admission'}

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The main^grievance of the^{petitioneris that the official} respondent No.4 is not entertaining^{the documentlor registration} in respect of the^property admeasuring^{Acs.2-09 guntas in survey} No.456/A of Elikatta Village,^{Farooqnagar Mandal,Ranga Reddy} District.

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Learned Government Pleader has fairly stated^{that the} official respondents will follow the^{procedure contemplated under} Scction 7 i of the Registration Act, 1908.

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Section 71 of the Registration Act, 1908^(for short 'the^Act) reads as lollows:

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Reasons lbr refusal to register to be recorded.-

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(1) Everv 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 oider 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^paymentand unnecessary delay, give him a copy ol the^{reasons so} recorded.

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(2) No registerirtg officer shall accept for registration a document so endorsed unless and until, under the provrsions hereinafter contained, the document is clirect-ed 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 document, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1g99. It will be open to the Registering Authority to refuse/ receive the document 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.

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The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.

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	i/TRUECOPY' SD/.K.ONESIM ASSISTANT REGISTRAR (uu
To,	SECTION OFFICER
,1	The Principal Secretary Revenue Department,State ofTelangana,Secretariat, Hyderabad.
BI CHR 2 3 4 5 A 7	The District Collector, Ranga ReddyDistrict. The Revenue Divisional Officer, Shadnagar Division, Ranga ReddyDistrict. The Tahsildar, Faroopagar Mandal Ranga ReddyDistrict. The Sub-Registrar, Farooqnagar, Ranga ReddyDistrict. One CCtoSriT.RajinikanthReddy,Advocate[OPUC] TwoCCstoGPfor Revenue,HighCourtfortheState ofTelanganaat Hyderabad.[OUTJ Two CDCopies OneSpare Copy

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HIGH COURT

DATED:21 11012'021

ORDER

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W.P.No.14511 ctf 2021

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DISPOS!NG OF'THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS

Gunna Bheemaiah v. The State of Telangana

Case brief

What is this about?

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Gunna Bheemaiah v. The State of Telangana

Case brief

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