Partly allowed

Avvaru Sanjay v. The State of Telangana and 3 others

Telangana HC1 Feb 2021WP/1843/2021

Case brief

AI extract

What is this about?

This court, on a writ petition and Section 151 application, disposed of the matter at admission. It directed the Sub-Registrar to receive and process the deed of conveyance without reference to the District Collector's 2013 notification under the Indian Registration Act and Stamp Act. The court clarified that registration does not confer title and that Government assertions of title or pending dis

What did the court decide?

Writ petition disposed of; Sub-Registrar directed to receive and process deeds without reference to District Collector notification; Respondent 3 may refuse only with specific reasons; No order as to

Avvaru Sanjay Vs The State of Telangana and 3 others — 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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MONDAY, THE FIRST DAY OF^FEBRUARY 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 PETITIO N NO: 1843^{OF 2021}

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Between:

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Awaru Sanjay, S/o Parthasarathi,^{aged 5-]} Vgqr.s,-F/o^{H.No.1'l-13-93121101} '^Plot r.,.i6.ioEltoa,'ii,'bilee Meadows^{Apahm6nts,Rojd No.2,Alkapuri Colonv, R.K. Puram,} Kothapet, Hyderabad. ...'ET'T'ONER

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...'ET'T'ONER

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AND

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L The State of Telangana,^{rep. By its Secretary,} Department, Secretariat,^Hyderabad

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Stamps and Registration

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The District Registrar,^{Ranga Reddy Dislrict.}

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The Joint Sub-Registrar,^{Ranga Reddy District}

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The District Collector, Ranga^{Reddy District.}

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...RESPONDENTS

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Petition under Article²²⁶ of^{the constitution of lndia praying that in the} circumstances stated^{in the affidavitfiled therewith, the High Court may be pleased to} issue a writ, order or^{Directionmoreparticularly one in the natureof writ of} Mandamus declaring the^{action of the respondentsin refusingto register the Sale} Deed/mortgage / Release/^{conveyance Deed submittedby the petitionerfor} registratioriwlth regard to^{the Flat No.302, Third Floor, DoorNo.2-95l3/Hc/302'Hill} Crlst building, admieasuring^{1 250 sft., car parking and undivided share of landof 55} sq. yards ouit of 1531^{sq. yards in plot Nos 10/A, 10/A1 , 1018, 11 and 11/Ain} Sy.Nio.4115 of Khanamet^{villige, SerilingampallyMgldal, Ranga Reddy District,as} f.riUf,iy iff"guf , arbitrary^{and corisequentlyiirect the 3'd respondentto recei.ve, register} ario ieteaie the Sale^{/mortgagedeed/ Release/ conveyance Deed submittedb_y the} p.tition"r and his wife for iegistration^{with regardto the Flat No.302,Third Floor,} boor No.2-95l3 lHCl3O2,^{Hill drestbuilding, admeasuring 1250 sft., car parkingand} undivided share of^{land of 55 sq. yards oui of 1531 sq. yards in Plot Nos.l0/A' 10/Al} ' 1O/8, 11 and 11/A in sy.No.4115^{of Khanametvillage, Serilingampally Mandal, Ranga} Reddy District, without^{reference to the proceedingsof the District Collector} dt.26.09.2013

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lA NO: 1 OF 2021

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Petition under section^{151 CPC prayingthatin the circumstances statedin the} affidavit filed in support^{of the petitlon,the ilighCourt may be pleased to direct the 3'd} respondent to receive,^{regisier and release the SaleDeed/mortgage/ Release/} .iriu"yin." Deed^{submitte"dby the petitionera n-d} -his_^{wife for registrationwithregard} to th; Ftat No.302,^{Third Ftoor, DoorNo.2-95t31Hc1302,Hill crestbuilding,} admeasuring 1250^{sft., car parking and undivided-shareof land of 55 sq yards out of} 1;rl rq. yirds in^{Piot Nos.1oA, 10/A1, 1olB, 11 and 1'1lA in svNo41/5of} Khanamet village, serilingampally^{Mandal, Ranga Reddy District,without reference to} ir,"^{pio""uoingiof the district Collector dt.26-09-2013 pending disposalof the writ} petition

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Counsel for the Petitioner:^{SRI N.M.KRISHNAIAH}

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Counsel forthe 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.1843 of 2O2L

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ORDER:

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Heard learned counsel for the petitioner and learned Government Pleader for Revenue. With their consent, the writ petition is disposed of at the stage of admission.

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Learned counsel for the petitioner has submitted that on earlier occasions, this Court in W.P.No. 19069 of 2014, dated 25.08.2014 and W.P.No.4271 of 2O2O dated 03.O3.2O2O, has passed orders directing the registration of the documents presented/pending before the authorities; the cause of action in the present writ petition also pertains to the same.

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Accordingly, the writ petition is disposed of directing the Sub-Registrar to receive and process the deeds of conveyance without reference to the District Gazettee notification dated 26.09.2013 in accordance with the Indian Registration Act, 1908 and the Indian Stamp Act, 1899. However, it is open to the registering authority to refuse to register/receive the deeds presented before him, if he has any other objection, by duly assigning reasons in support of such decision and communicate the decision to the petitioner. It is made clear that mere registration of deed of conveyance does not confer title to the property. It is also made clear that this order does not preclude tl:e Government to take appropriate steps as warranted by law and to assert its title. If any

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proceedings/suit/appeal are pending between the executant of the document/Government or any other interested party, the registration of the document will be subject to the result of that proceedings/ suit/appeal. There shall be no order as to costs.

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Miscellaneous petitions, if any, pending in this Petition,

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shall stand closed.

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SD/. T.KRISHNA KUMAR ASSISTANT REGISTRAR

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//TRUE COPY//

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SECTION OFFICER

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To I The Joint Sub-Registrar, Ranga Reddy District. 2 One CC to Sri N.M.Krishnaiali, Advocite [OpUC] 3 Two CCs to GP for Revenue, High Court fbr the State of Telangana at Hyderabad [OUT] 4. Two CD Copies Kj

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HIGH COURT

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DATED:01 10212021

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ORDER

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WP.No.1843 of²⁰²¹

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DISPOSING OF^{THE WRIT PETITION} WITHOUT COSTS.