Disposed

M.Sridhar Yadav and another v. The State of Telangana and 3 others

Telangana HC17 Aug 2021WP/17650/2021

Case brief

AI extract

What is this about?

This writ petition challenged the refusal to register agricultural land documents by the Tahsildar. The Court directed the officer to process the deed within a short timeframe and communicate reasons for refusal or acceptance, citing arbitrariness in delay.

What did the court decide?

Directed the Tahsildar to process the deed within four weeks and communicate reasons for refusal or acceptance in writing.

M.Sridhar Yadav and another Vs The State of Telangana… — Landlord and Tenant | 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 SEVENTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE P. NAVEEN RAO

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WRIT PETITION NO: 17650 OF 2021

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Between:

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l,4.Sridhar Yadav, Sio.Narsimha, Aged about39 years, Occ. Bussiness, R/o.H.No.6-3-58211, Anadnagar Colony, Khirathabad, Hyderabad-500004

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S.lMahender, S/o.S.Krishna, Aged about 43 years, Occ. Bussiness, R/o.H.No. 2-27,near laxminarsimha swamy temple, Raidurg village, serilingampally Mandal R. R. Dist..

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...PETITIONERS

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AND

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The State of Telangana, Rep. by Principal Secretary Revenue Department Secretariat, BRK Bhavan, Hyderabad.

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The State of Telangana, Rep. by Commissioner and LG, Stamps and Registration Stamps and Registration Department Nampally, Hyderabad.

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The District Collector, l,4edchal- lr/alkajgiri District

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The Tahsildar /Joint Registrar, Keesara Mandal, Medchal- Malkajgiri District (earliear Rangaredy Dist).

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that 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 lVlandamus, declaring the action of the 4th respondent in not registering the documents pertain to an agricultural land admeasuring an extent of Ac.5.00 gts,in Sy ,No.176/N'1 , and Ac.4.1 3gts in Sy No.1 76 lAAl1l1ll situated at Keesara Dayara village, keesara Mandal, It4edchal-lValkajgiri District(earlier Rangaredy Dist) as illegal, arbitrary, without application of mind, ultravires the provisions of the Act,in violation of provisions of Article 14,21 and 3004 of the Constitution of lndia.

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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 direct the 4th respondent to receive and register the document^pertaining to an agricultural land admeasuring Ac.5.00 gts, in Sy ,No.176/4/1 , and Ac.4.'13gts in Sy No.l76lAAl1l1ll situated at Keesara Dayara village. keesara lVandal, tr/edchalMalkajgiri District(ea rlierRangaredy Dist) to accept documents for registration for the petitioners land.

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Counsel for the Petitioners: SRl. PRAVEEN KUMAR VEERJALA

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Counsel for the Respondents: AGP FOR REVENUE

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The Court made the following: ORDER

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HONOURABLE SRI JUSTICE P.NAVEEN RAO

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WRIT PETITION No.1765O of 2O2L

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ORDER:

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This writ petition is filed seeking the following relief

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"...to issue an order or direction more^{particularly one in the} nature of Mandamus declaring the action of the 4m^resporrdent in not registering the documents pertain to an agricultural land admeasuring an extent of Ac.5.00 gts in Sy.No.176tAl 1 & Ac.4.13 gts in Sy.No. 176lAA/lllll situated at Keesara Dayara Village, Keesara Mandal, Medchal- Malkajgiri District^(earlier Rangareddy Dist) as illegal, arbitrary, without applicrLtion of mind, ultravires the provisions of the Act, in viok.tion of provisions of Article 14, 2l & 3004 of the Constitution of India and to pass such order or orders.."

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Heard Sri Praveen Kumar Veerjala, learned cortnsel for the petitioners and learned Assistant Government Pleader for Revenue.

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According to petitioners, Ragi Janaki Reddy an,l Ragi Aruna Reddy are the owners of land to an extent of Ac.5.i)0 guntas in Sy.No. 176lA/ 1 and Ac.4.13 guntas in Sy.No. 176 I ^All l1l1 of Kesara Dayara Village, Keesara Gram Panchayat, MedchalMalkajgiri District. They were issued pattadar passl)ook and titie deed. Petitioners entered into an agreement of sale or1 O8.O2.2O21. The same was presented through Dharani web portal The Dharani Web portal proaessed the sale transaction, but it is rlot registered. No reasons are assigned for keeping the docurrent^pending causing hardship and suffering to the petitioners.

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Along with the Memo, learned counsel for the^petitioners filed proof of submission of document through Dhar;rni web^portal and slot booking intimation given to the^petitioners.

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On instructions, learned Assistant Government Pleader submits that the property on which deed of conveyance was presented is governed by the provisions of the Te,langana Land

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Reforms (Ceiling on Agricultural Holdings) Act, 1974, and there is litigation pending on the issue. Therefore, registration cannot be accepted.

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However, as fairly submitted by learned Assistant Government Pleader, sofar, no decision is communicated to the petitioners informing them the reason for not accepting the document for registration and the document is not returned to the petitioners with the endorsement. I do not appreciate the conduct of the officers in keeping the document pending with them and not passing orders accepting or rejecting the deed of conveyance for registration within fixed time frame and keeping the issue pending with them and inviting litigation before this Court.

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Therefore, the Tahsildar/Joint Registrar-4th respondent is directed to forthwith process the deed of conveyance and if he is not accepting the deed of conveyance for registration for the reasons sought to be stated by learned Assistant Government Pleader, the same shall be put in writing in the form of an order and communicate the decision to the petitioners within four (4) weeks from the date of receipt of copy of this order. If the request of petitioners is not accepted and the document is not registered, it is open to the petitioners to '.r/ork out their remedies as available in Iaw.

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With the above observations, the Writ Petition is disposed of Pending miscellaneous petitions, if any, shall stand closed.

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To,

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

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1 The.Principar secrerary Revenue Department, state of rerangana, secretariat, BRK Bhavan, Hyderabad.

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The Commissioner and l.G, Stamps and Registration Stamps and Registration Department, State of Telangana, Nampally , Hyderabad.

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The District Collector, Medchal- Malkajgiri District

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The Tahsildar /Joint Registrar, Keesara Mandal, Medchal- Malkajgiri District (earlier Rangaredy Dist).

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One CC to Sri. Praveen Kumar Veerjala, Advocate IOPUCI

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Two CCs to GP for Revenue, High Court for the State of Telarrgana. [OUT]

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Two CD Copies.

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B. One Spare Copy.

PIV

4N{x

HIGH COURT

DATED:1710812021

ORDER

WP.No.17650 of 2021

STATE
t.g
).Ct
oo 2$ [uG2s21
i
t
OE

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Disposing of the WP Without costs.

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M.Sridhar Yadav and another v. The State of Telangana and 3 others

Case brief

What is this about?

What did the court decide?

M.Sridhar Yadav and another 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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Statutes considered

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