Disposed

Smt. Seethamraju Lakshmi Sree v. The State of Telangana and 3 Others

Telangana HC1 Feb 2021WP/1845/2021

Case brief

AI extract

What is this about?

This writ petition challenged the refusal to register conveyance documents. The High Court, with the respondents' consent, disposed of the petition at the admission stage, directing the Sub-Registrar to receive and process the deeds without reference to the District Collector's notification, while reserving the Government's right to assert title via pending proceedings.

What did the court decide?

Directed the 3rd respondent (Joint Sub-Registrar) to receive and process the deeds of conveyance without reference to the District Collector's notification dated 26.09.2013.

Smt. Seethamraju Lakshmi Sree Vs The… — Constitutional and Fundamental Rights | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (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 HON'BLE SRIJUSTICE T.AMARNATH GOUD

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WRIT PETITION NO: 1845 OF 2021

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Between:

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Smt. Seethamraju Lakshmi Sree, W/o Nandiraju Venkata Naga Vi.iaya Siddartha, Aged 34 years, R/o H.No.5-3-850, Road No.6, Satavahana Nagar, Vanasthalipuram, Ranga Reddy District

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...pETrroNER

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AND

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The State of Telangana, Rep. By its Secretary, Stamps and Registration Department, Secretariat, Hyderabad.

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The District Registrar, Ranga Reddy District.

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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 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 a Writ, Order or Direction more^particularly one in the^nature of^{Writ of} Mandamus declaring the action of the respondents^{in refusingto register the Sale} Deed/mortgage / Release/ conveyance Deed submitted^{by the petitioner and her} husband for registration with regard to the^{Flat No.2A, H.No.2-40l3/SG/2-A'Silpa} Grandeur, admeasuring^'1200 sft., car^parking and^{undivided share of land oI 54.24} sq. yards out of 440 sq.^yards in Plot No.3 in Sy.Nos.1,3,4112,^{67 and 68 of} Khanamet Village, Serilingampally Mandal, Ranga^{Reddy District,as highly illegal,} arbitrary and consequently direct the 3rd respondent^{to receive, register and release} the sale /mortgage deed/ Release/ conveyance^{Deedsubmitted by the petitionerand} her husband for registration with regard to the^{Flat No.2A, H.No.2-40/3/5G/2-A,Silpa} Grandeur, admeasuring 1200 sft.,^{car parking and undivlded share of land of 54.24} sq. yards out of 440 sq.^yards in^{Plot No.3} in^{Sy.Nos.1,3,4112, 67 and 68 of} Khanamet Village, serilingampally I/andal,^{Ranga Reddy District,without reference} to the proceedings of 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^praying that^{in the circumstances stated in the} affidavit filed in support of the^{petition, the High court may be pleased to directthe} 3rd respondent to receive, register and^{release the Sale Deed/mortgage/ Release/} conveyance Deed submitted by the^{petitionerand her husband for registration with} regard to the Flat No.2A, H.No.2^{-40l3lSGl2-A,Silpa Grandeur, admeasuring'1200} sft., car parking and undivided share^{of land of 54.24sq. yards out of 440 sq. yards in} Plot No.3 in Sy.Nos.1,3,4112,⁶⁷ &68^{of Khanametvillage, SerilingampallyMandal,} Ranga Reddy District, without reference to the^{proceedings of the Districtcollector} dt 2610912013^pending disposal of the^{writ petition.}

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Counsel for the Petitioner: M/s. N. M.^KRISHNAIAH Counsel forthe Respondents: GP^{FOR REVENUE} The Court made the following: ORDER

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THE HON'BLE^{SRI JUSTICE T.AMARNATHGOUD} WRIT PETITION^{No'1845of 2O2L}

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ORDER:

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Heard learned^{counsel for the petitionerand learned} Government^{Pleaderfor 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'19O69of 2Ol4'} dated 25.O8.2Ot4^{andW'P'No'4271of2O2Odated} 03.03.2020,^{has passedorders directingthe registration of} the documents^{presented/pendingbefore the authorities;the} cause of action^{in the presentwrit petitionalso pertains to} the same.

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Accordingiy,^{the writ petitionis disposed of directingthe} Sub-Registrar^{to receive and process the deedsof conveyance} without reference^{to the District Gazettee notificationdated} 26.09.20|3inaccordancewiththelndianRegistrationAct, lg0SandtheIndianStampAct,l8gg.However,itisopento the registering^{authority to refuse to register/receive the} deeds^{presented before him, if he has any other objection'by} duly assigning^{reasons insupport of such decisionand} 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 clearthat this order does} not preclude^{the Governmentto take appropriate stepsas} warranted by^{law and toassert itstitle ' Ifany}

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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 resuit of that proceedings/suit/appeal. There shar 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/- R.KARTHIKEYAN ASSISTANT REGISTRAR / ,TRUE COPY// - ,! SECTION OFFICER

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To, 1. The Secreta ry,^Stamps and Registration Department, State of Telangana, Secretariat, Hyderabad. 2. The District Registrar, Rang a Reddy District. 3. The Joint S ub-Registrar, Ra a Reddy District. 4. The District Collector, Ra noa District.

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1. Two One CCs CC toto Sri GP N. M. Krishnaiah,for Revenue, High Court fotr oPUCIthe State of Telangana atH yderabad. IouTl 7. Two CD Cop res SM

HIGH COURT

DATED:O11Q212021

ORDER

WP.No.1845 of 2021

HE or4
o 1t rr8 202t
* *

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DISPOSING OF THE^WP

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WITHOUT COSTS

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6,.v*
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Smt. Seethamraju Lakshmi Sree v. The State of Telangana and 3 Others

Case brief

What is this about?

What did the court decide?

Smt. Seethamraju Lakshmi Sree 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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