Allowed

Smt Rekha Sharma v. State of Telangana

Telangana HC2 Feb 2021WP/2003/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition under Article 226 at the admission stage, directing the Joint Sub-registrar to receive and process the sale deed for a specific plot. This decision disregarded a Gazette notification subjecting the registration to pending government claims and proceedings.

What did the court decide?

Directed the Joint Sub-registrar, Serilingampally, to receive and process the deed of conveyance for plot B.No.69, disregarding the District Gazette notification.

Smt Rekha Sharma Vs State of Telangana — 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 SECOND 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: 2003 OF 202'l

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Between:

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Smt Rekha Sharma, W/o Sri R. Rajesh Sharma, Aged about 45 years, Occ. house wife, Rio H.No.3-5-76i 10/2, Plot No.624, Vivekananda Nagar Colony, Kukatpally, Hyderabad.

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...PETITIONER

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AND

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1 State of Telangana, represented 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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3 The District Registrar, Registration and Stamps, Hyderabad District, Hyderabad. 4 The Joint 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 lndia^praying that in the circumstances stated in the affidavit filed therewith, the High Court may be^pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.4 in refusing to receive and register the Sale Deed for the property open^plot B.No.69, admeasuring 250 square yards comprised in survey number 231 part and 3'16 part situated at Gopanpally village, Serilingampally mandal, Ranga Reddy District as illegal, arbitrary, u nconstitutiona I and against the^provisions of law and consequently^{direct the} Respondent No.4 herein the register the Sale Deed^presented by the^petitloners 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 register the Sale^{Deedin respect of open plot B.No.69'} admeasuring 250 square^{yards comprisedin survey number231 parl and 316 part} situated at Gopanpally village,^{Serilingampallymandal, Ranga Reddy District and} release the same^pending disposal of^{the Writ Petition.}

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Counsel for the Petitioner: SRl.^{E. RAMESH CHANDRAGOUD}

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Counsel for the Respondents:^{GPFOR STAMPS AND REGISTRATION}

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The Court at the stage of admission^{madethe following:ORDER}

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l I

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THE HON'BLE SRI JUSTICE T.AMARNATH GOUD

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WRIT PETITION No.2OO3 of 2O2l

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ORDER:

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

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Aggrieved by the action of the 4th respndent in refusing to receive and register the Sale Deed for the open plot B No.69, ademasuring 250 sq. yards comprised in Surve No.23 I part and 3 16 part situated at Gopanpally Village, Seriiingampally Mandal, Ranga Reddy District as illegal, arbitrary, unconstitutional and against the provisions of law,

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Learned Government Pleader has opposed for the same that the subject lands are assigned and they are prohibited for registration and hence, the action of the 4th respndent is just, proper and inaccordance with law.

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Having regards to the facts and circumstances of the case, on earlier occasions, this Court in W.p.No.l9O69 of 2014, dated 25,08.2014 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,O9.2O13 in accordance with the Indian Registration Act,

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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 the Government to take appropriate steps as warranted by law and to assert its title. If any 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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sha11 stand closed.

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SD/.K.ONESIM ASSISTANT REGISTBAR //TRUE COPY// K\Z SECTION OFFICER

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To,

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1 . The Joint Sub-registrar,^{Registrar.Off rce, SerilingampSJly*,Rqnga Reddy District'} 2. One CC to Sri^{E. Ramesh ChandraGoud.AdvocatelUI'UUl} 3. Two CCs to^{Gp ro, silli'pJiiir neEstotioni, Hign Courtfoi the State of} Telangana at HYderabad. [OUT] 4. Two CD CoPies

CHR

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HIGH COURT

DATED:0210212021

ORDER