Allowed

Mrs.Rozina Viran v. The State of Telangana and 2 Others

Telangana HC21 Sept 2021WP/15906/2021

Case brief

AI extract

What is this about?

This judgment disposes of a writ petition challenging the refusal to register a sale deed. The High Court directed the registering authority to process the document provisionally, requiring the authority to record reasons for any further refusal, with a caveat that registration does not confer title.

What did the court decide?

Directed Respondents to receive and process the sale deed provisionally, subject to complying with relevant Acts; reasons mandated for any subsequent refusal.

Mrs.Rozina Viran Vs The State of Telangana and 2 Others — Property and Title | Telangana HC (2021)

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

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TUESDAY, THE TWENTY FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY

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WRIT PETITION NO: 15906 OF 2021

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Between:

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MTs.ROZINA VIRAN, Wo. Mr.Nasruddin, Aged about 56 years, Occ. Business, Ryo.B/10, Kirti Kung Society, Shane Alam, Tollnaka, Ahmedabad City, Gujrat.

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...PETITIONER

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AND

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The State of Telangana, Rep. by its Principal Secretary, Revenue Department (Stamps and Registration), Secretariat, Hyderabad.

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The District Registrar, Hyderabad District, Red Hills, Hyderabad.

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The Sub- Registrar, Bowenpally, Secunderabad.

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...RES'ONDENTS

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Petition under Article 226 ol the Constitution of lndia praying that in the crrcumstances 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 action of the Respondents more^particularly the Respondent No.3 while refusing to register the Sale Deed Dated 0110712021 presented by the Petitioner in respect of all that Shop Nos.2 and 3, in^'A' Block, Ground Floor, bearing Survey No.73, together with undivided share of land 21 square^yards or 17.55 Square meters, oul of 9277 Sq.yards, having an area of 546 Square Feet, in the building known as^"ARCHANA COMPLEX'^(Enclave), Situated at East^Marredpally, Secunderabad Cantonment, Hyderabad, Telangana^State as^{illegal, arbitraryand} against the provisions of law and consequently direct^{the Respondent No.2 and 3 to} receive and register the Sale Deed^{dated0110712021presented pertainingto the} above^property thereby to release^{the same in accordancewith law}

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lA NO: 1 OF 2021

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Petition under Section 151^{CPC prayingthat in the circumstances stated in the} affidavit filed in support^{of the petition,the High court may be pleasedto DIRECT the} 2nd and 3'd respondents^{o receiveand registerthe Sale Deed pertainingto petitioner's} propertyShopNos.2&3,in'A'Block,GroundFloor'bearingSurveyNoT3'together with undivided share^{of land 21 squareyards or} ,1 7.55 Square meters, o}l ot 9277 Sq.yards, having^{an area of 546 SquareFeet' in the building nown as 'ARCHANA} CoMPLEX.(Enclave),situatedatEaStMarredpally,secunderabadCantonment, Hyderabad,^{pending disposal of the aboveWritPetition'}

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Counsel for the^{Petitioner: SRI MARRI NARENDER REDDY}

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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 H()N'BLE SRI JUSTICE A.ABHISHEK REDDY

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WRIT PETITION No.l59 of 2021

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ORDER:

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Heard the leamed counsel for the petitioner, the leamed Government Pleader for Revenue for the respondents. With their consent, the Writ Petition is disposed of at the stage of admission.

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Aggrieved by the action olthe respondents in not registering the Sale Deed, dated 01 .07.12021, presented by the petitioner in respect of Shop Nos.2 and 3 in 'A' Block, Ground Floor, bearing Survey No.73, together with undivided share of land 2l square yards, out of 9277 square yards, in the building known as 'Archana complex (Enclave)', situated at East Marredpally, Secunderabad Cantonment, Hyderabad, the present writ petition is filed.

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3' The leamed Govemment pleader has stated that the official respondents will follow the procedure contemplated under section 71 of the Registration Act, 1908. 4. Section 7l of the Registration Act, l90g (for short .the Act,) reads as fb llows:

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Reasons fbr refusal to register to be recorded._

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Everl' Sub-Registrar refirsing to register a documen!, except on the ground that the property to which it relates is not situared 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 clainring under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded.

1. No registering officer shall accept for registration a document so endorsed uniess and until, under the provisions hereinafter

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contained, the document is directed to be registered.

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In view of the above made submission coupled with the provision of Section 7l of the Registration Act, lg0g, 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, 190g, and 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 ofsuch decision and communicate the said decision to the petitioner. However, any such registration shall be treated as a provisional one. It is made clear that mere registration of the document does not confer any title to the property. The petitioner shall not claim equities in case any adverse orders are passed against her. If any proceedings/suit/ appeal are pending between the executant of the document/governrnent or any other interested pafty, the registration of the document will be subject to the result of that proceedings/suit/appeal. It is also made clear that this order does not preclude the Govemment/District Collector to take appropriate steps as warranted by law and to assert its title.

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The miscellaneous petitions pending, ifany, shall stand closed. There

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shall be no order as to costs.

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SD/-K.SAILESHI ASSISTANT^REGISTRAR

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//TRUE COPY//

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SECTION^OFFICER

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to ', . ,n" Principal Secretary, Revenue^{Department (Stamps and Registration)'State} of Telangana^{Secretariat'Hyderabao'} 2 The District n"g,.trri'fr;i"iJo'io-oitt'itt'^{Red Hills' Hvderabad'} 5. iii; 5;;r^{Fiesis"trar. Bowen pallv'secund.erabad'} ; o;; te d^si @i,-M;;;i"i^{ft eddv' Ad'oc"" tr?5#?1} r"',nsana rourl E. i;; 66tio^{cf tor. Revenue' High court for the} 6. Two^{CD CoPies}

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One Spare^CoPY

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HIGH^COURT

DATED:21^10912t021

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ORDER

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WP.No.15906 rrf 2021

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DISPOSING OF THE WRIT PETITION WITHOUT CO{}TS.

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Mrs.Rozina Viran v. The State of Telangana and 2 Others

Case brief

What is this about?

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Mrs.Rozina Viran v. The State of Telangana and 2 Others

Case brief

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What did the court decide?

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