Remanded

Smt Subba Ratnamma v. State of Telangana

Telangana HC16 Feb 2021WP/1601/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the refusal to register a Sale Deed, directing the Sub-registrar to receive the document and process it. The court held that mere registration would not confer title if the property rights were otherwise lacking.

What did the court decide?

Directed the 4th respondent to receive and process the Sale Deed presented by the petitioner and complete formalities if the document is fit for registration.

Smt Subba Ratnamma Vs State of Telangana — Property and Title | 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 SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRI JUSTICE T.AMARNATH GOUD

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WRIT PETITION NO: 1601 OF 2021

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Betwee n:

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Smt Subba Ratnamma, W/o Late l\llallikarjuna Rao,^{Aged about 80 years,} Occ. Business, R/o Devarayapalli Village, Athmakur lVandal,^{Nellore District,} Andhra Prades

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..PETrrroNER

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AND

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State of Telangana, Rep. by its Principal Secretary,^{Department of Revenue,} Stamps and registration, T.S. Secretariat, Hyderabad.

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The Commissioner and lnspector, General Registrations and stamps, Government of Telangana.

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The District Registrar, Registration and Stamps, Ranga Reddy District, Hyderabad.

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The Sub-registrar, Registrar Office, Serilingampally, Ranga Reddy^District

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...RESPONDENTS

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Petition under Article 226 of the Constitution of India^praying that in the circumstances stated in the affidavit filed therewith, the High^{Court may be pleasedto} issue a writ, order or direction more^parlicularly one in the nature of writ of^Nilandamus declaring the action of the Respondent No.4 in refusing to^{receiveand register the} Sate Deed in respect of that^part of^plot B. No 433 admeasuring^{300 squareyards or} 167.2 square meters Sy.No.36/4 and 36/E situated at Gopanapally^Village, Serilingampally It4andal, Ranga Reddy District, by declaring G.O.lVs.No.850^dated 24-09-1981 , as illegal, arbitrary, unconstitutional and against^{the provisions of law} and consequently direct the Respondent No.4 herein the^{register the SaleDeed} presented by the petitioners and release the same.

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lA NO: 1 OF 2021

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Petition under Section 151 CPC^praying that in the circumstances^{stated in the} affidavit filed in support of the^petition, the High Court^{may be pleased to directthe} Respondent No.4 to receive and register the Sale Deed in^{respect of all that eastern} part of Plot B.No 433 admeasuring 300 square yards or 251 square melersⁱⁿ Sy.No.36/4 and 36/E situated at Gopanpally Village, Serilingampally^{[t4andal, Ranga} Reddy District, and release the same^pending disposal of the^{Writ Petltion.}

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lA NO: 2 OF 2021

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Petition under Section 151 CPC praying that in the circumstances stated^{in the} affidavit filed in support of the^petition, the High Court may be^{pleasedto permit the} petitioner to file copy of the sale deed dated 510212021 Which is presented before the respondent No 4 as additional document.

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Counsel for the Petitioner: SRI E. RAMESH CHANDRA GOUD

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Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER

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) Y\ - . //

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THE HON'BLE SRI JUSTICE T. AMARNATH GOUD

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WRIT PETITION No.l60l of 2021

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ORDER:

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Heard iearned counsel for the petitioner and leamed Govemment Pleader. With the consent of both sides, this writ petition is disposed of at the stage of admission.

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Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 4th respondent to receive and process the document presented by the petitioner. In the event the said document is found to be fit for registration, the 4'h respondent shall complete the due formalities in accordance with law and release the same. However, if the 4th respondent still finds any ground to exercise power under Section 71 of the Act of 1908 and refuse registration of the document presented by the petitioner, he shall pass a reasoned order and comrnunicate the same to the petitioner as expeditiously as possible. It is also made clear that mere registration of the said document woulcl not conf'er any title upon the propefty covered thereby, if it is otherwise wanting, and would not preclude the Covemment from taking appropriate steps as waranted by law, if it seeks to assert any right or title over the said land. There shall be no order as to costs.

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Pending miscellaneous applications, ifany, shall stand closed.

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SD/-I.NAGALAKSHMI ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

1 The Principal Secretary, Department of Revenue, State of Telangana, Stamps and Registration, T.S. Secretariat, Hyderabad.

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2 The Commissioner and lnspector, General Registrations and stamps, Government of Telangana.

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3 The District Registrar, Registration and Stamps, Ranga Reddy District, Hyderabad.

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4 The Sub-registrar, Registrar Office, Serillngampally, Ranga Reddy District 5 One CC to Sri E. Ramesh Chandra Goud, Advocate IOPUC]

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6 Two CCs to GP for Stamps and Registration, High Court for the State of Telangana at Hyderabad. [OUT]

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7 Two CD Copies

s1l',I

HIGH COURT

DA'lED:1610212021

ORDER

".i'i't
-( i-{€ s Ia Ig
1
g 26 tEB ?021

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WP.No.1601 ol 2021

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DISPOSING OF THE WP WITHOUT COSTS

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1
)r.74

Smt Subba Ratnamma v. State of Telangana

Case brief

What is this about?

What did the court decide?

Smt Subba Ratnamma v. State of Telangana

Case brief

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What did the court decide?

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