Allowed

Mogalipaka Pushpa, v. the State of Telangana

Telangana HC3 Feb 2021WP/2050/2021

Case brief

AI extract

What is this about?

The High Court disposed of a Writ Petition seeking direction to register a Sale Deed. The Court held that the matter was covered by a prior judgment directing registration without reference to a specific Gazette notification, subject to the Registration and Stamp Acts.

What did the court decide?

Directed the Registering Authority to receive and process the document submitted by the petitioner under the Registration Act and Indian Stamp Act, without reference to the District Gazette notificati

Mogalipaka Pushpa, Vs the State of Telangana — Property and Title | Telangana HC (2021)

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HIGH COURT FOR^{THE STATEOF TELANGANA} AT HYDERABAD

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(SPecial Original Jurisdiction)

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WEDNESDAY,^{THE THIRDDAYOF FEBRUARY} TWO THOUSAND^ANDTWENTYONE

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PRESENT

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THE HONOURABLE^{SRI JUSTICE T.AMARNATHGOUD}

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WRIT PETITION^{NO: 2050 OF2021}

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Between:

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t,4oqalipakaPushpa,W/oLatelvogilipakaL4allesh,Agedabout40years'OccBusi-Po-rrim"patty lvandal 'Yadadri-Bhuva n asiriess iiriiH [:1,.5-:tid.^{i"oirvra Virirg;;;["P;ti} District

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...PETITIONER

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AND

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THE STATE OF^{TELANGANA, Rep by its Principal Secretary'Revenue}

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Deoartment, Secretariat,^Hyderabad

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2 iiE"iOMI,/I55ibGR^{ANb INSPECTOR GENERALOF STAIVPS AND}

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necrsineion, o. No.s-i:gse, oirungrni, Iuozapjafr! Market' Hvderabad

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g. fHi sua-CrGtSfnnn, Uppal' Ir,4edchal-l'4alkajgiri^District

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;. iHE Orslnrcr^{cor_iecidn,N/edchat-MatkajgiriDistrict, NearoRR, Keesara'} N/edchal-l,4a I kajgiri Di strict.

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N/edchal-l,4a

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5 iHE REVENUd"OrvrSioNnL^{oFFtcER,Keesara Revenue Division' Keesara'} tr/edchal-lt4alkaJgiri^{Di strict.}

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iHE TAHSilonh^{H,l"tipJtlvlvlandal, Medchal-lt/lalkaigiriDistrict} ,rpoNDENrs

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Petition under^{Article226 of lhe Constitution of lndia praying that in the} circumstances^{statedin tne aitiJavit filed therewith,the High court may be pleasedto} pass an order, direction^{oi *iit more particularlyone in the nature of writ of} mandamus declaring^{acflon of ir," R"spono"ntNo.3 in not entertainingthe SaleDeed} Dated 05.01.2021^{presenteJnVtf'" Petitioner in respectof premise,sbearing} 1'f"^2- lo}l2l3s on^{plot No.25 nrrrg pii"ir,areaS2Bsft, admeasuring 140 sq yds. or.117 04} sq.mts in Sy.Nos.1 ls,lzt,1i['^{lis' 12atx, 126tA:A' 128 and 129' situated at Sri Sai} Enclave, Boduppal^{Vifragl,N/LOipallyMandal'-lr'4edchal-MalkajgiriDistrict on the} gr"rrd-;,t sv.Nti.ile, ii"^{tzi,iii'are identifiedas Prohibited as it beingillegal,} arbitrary un.iustified^{ano against io the provisions of law and consequently direct the} R;;;;.i;;i-No.:^{to ,"."i"u" and regisierthe Document presented bv the Petitioner} pertaining to the above^{prop"rtytf']"r6Oyto releasethe same in accordancewith law}

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IA NO:'l OF 2021

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PetitionunderSectlonl5lCPCprayingthatinthecircumstancesstatedinthe affidavit filed^{in supporl of the} fetition,^{ir'.r" irigh Court mav be pleas-edto o^tf!!J tne} Respondent^{Nos.2and s i;;;;i;"'and relister the Sale Deed Dated0510112021} presented by the Petitioner-in 'espect^{of prJmises.bearingH No 2-1 09l2l35on Plot} No.25 having^{plinth area A)g tft, admeasuring 140 sq yds or 117'04 sq mts in} sv.Nos.1 19.121 ,124,125'^{l;61n, lzolnn, nB ind 129'situatedat Sri Sai Enclave'} Elo|"rrr,'(;,,,*,j^{lrr"oiprrivH'lrndal,Ir'4edchal-tr/alkajgiriDistrict therebv to release} the same

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Counsel for the^{Petitioner:SRI G'RAJESHWAR REDDY}

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Counsel for^{the 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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\ t

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Writ Petition No.2O5O of 2O2L

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ORDER:

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This Writ Petition is filed by the^petitioner with the^prayer

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which reads as follows:-

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"to issue a Writ of Mandamus or any other appropriate^writ or writs order or orders declaring action^{of the RespondentNo.3} in not entertaining the Sale Deed Dated 05 Ol 2021 ,^presented by the Petitioner in respect of premises bearing^{H.No.2-108/2/35} on Plot No.25 having plinth area 828 sft, admeasuring i40 sq. yds. or 117.04 sq.mts in Sy.Nos.119, l2l , 124, 125, 1261A, 126lAA, 128 and 129 situated at Sri Sai Enclave, Boduppal Village, Medipally Mandal, Medchal Malkajgiri District, on the ground of Sy.Nos. ll9 , 121 , 124, 125 are identilied as Prohibited as it being illegal, arbitrary, unjustified and against to the provisions of 1aw and consequently direct the Respondent No 3 to receive and register the Document presented by the Petitioner pertaining to the above property thereby to release the same in accordance with la'"r/"

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Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue for the respondents

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It is submitted by learned counsel for the petitioner as well as learned Government Pleader for revenue appearing fdr respondents that the issue in this Writ Petition is covered by the order dated 24.06.2019 in W.P.No.l243O of 2019.

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Therefore, for the reasons alike, this Writ Petition is disposed of directing the Registering Authority to receive and process the document submitted by the petitioner u,ithout reference to the District Gazette notification dated 26.09.2013 subject to the compliance of the provisions of the Indian

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Registration Act, i908, and the Indian Stamps Act,^{1899. It will} be open to the Registering Authority to refuse/receive^the document presented before him, if he has^{any otherobjection,} like the property is entered in the^{prohibitory list or Government} property or any other third party claim, by duly^assigning reasons in support of such decision and^{communicatethe said} decision to the petitioner. It is made^clear that^{mere registration} of document does not confer title to^{the property.It is also made} clear that this order does not^{preciude the Government/District} Collector to take appropriate^{steps as warranted by law and to} assert its title. If any proceedings/^{suit/appeal are pending} between the executants of the^{document/government or any} other interested party, the registration^{of the documentwill be} subject to the result of that^{proceedings/ suit/appeal'}

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Miscellaneous Petitions^{pendingin this Writ Petition shail}

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stand closed in the light^of this^{final orderNo orderas to costs}

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SD/. K'VENKAIAH ASSISTANT^REGISTRAR //TRUE^COPY' il

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To '1 . The Principal^{Secretary, Revenue Department'State of Telangana' Secretariat'} 2. !Xl%3H,i,r=,"ner^{and rnspector Generarof stampsandResistration. D.No 5-3-} sU5^{"o;;;;"s;j,N/ozamjahi r'4a rket Hvderabad} ,Ii3';'.

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1. o * ^{K e e s ar a tr,4e d c h ar} 4. i ffi B[ [i[:^{#i"L,-r,g'"ty,:t il3l-Xel l'* ll,?l'} 5. YfJ-Al'J:RJ:tHlji.ionrt^{orricer, Keesara Revenue Divislon' Keesara'} ^'4edchalb iiifl if,si:x:"#Exr:irt1.yf;{}?#:l5g'8il'ii1,"n,",,, 7I iwo CCs to GP^{for Revenu} Hvderabad [OUTI

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I LH"3?8r"fl:t^{opv of the order daled 24tO6t2019 in WP No l 2430of 201 e)}

K,1 'r--

HIGH COURT

DATED:0310212021

ORDER

WP.No.2O50 of²⁰²¹

1 H E 14
( s
oo 20 FEB 2021 Z
* * -1
Or:
C

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DISPOSING OF^{THE WRIT PETITION} WITHOUT COSTS.

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\r^&\rp, )r- rq, \r4*"1

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THE HON'BLE SRI JUSTICE^{P.NAVEEN RAO}

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WRIT PETITI oN No.1243O^{OF 2Ot9}

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ORDER:

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Heard learned counsel^{for thepetitionerand learned} Government Pleader^{lor Revenue}

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This Writ Petition is^{liled allegingthat the registering} authorities are^{refusingto register the deed of conveyance/ sale} deed/mortgage^{deed/releasedeed/partitiondeed on the ground} that District Gazette^{notification was issued on 26'09'2013'} wherein the subject^{properties were included inthe said} notification.

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The issue of^{inclusionof properties in the prohibited list} under Section^{22-A of the RegistrationAct, 1908 (for short' the} Act') rvas^{considered by the Full Bench of this Courtin} VINJAMURI^{RAJAGOPALACHARYV. STATE OF ANDHRA} PRADESHl^{givingseveral directionsinsofaras this Writ Petition} is concerned,^{paragraph No.25'3of the said judgmentis relevant} u,hereunder the^{DistrictCollector is vested power to notifythe} District Registrar/^{RegisteringAuthoritythat the subject properties} are Government^{propertiesand no deed of conveyance can be} entertained.

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4 . In the case on^{hand, what was issuedby the District} Collector^{was only a notification calling for objectionsand so far he} has not exercised^{the power vested underSection22-A of the Act'} The issue of^{inclusion of propertiesin the prohibited list' not}

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t()15 6) AI 1 9(,

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-l

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accepting the documents for registration^{and the scopeof Section} 22-A of the Act were elaborately considered^{by the Full Bench of} this Court.

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It is also appropriate to note at this stage that the^{decision of} the Full Bench of this Court was carried to the Supreme Courtⁱⁿ Civil Appeal No.4O19 of 2018 and batch. The Supreme Court granted liberty to the petitioners therein and any other aggrieved person to challenge the validity of Section 22-A of the Act and directed the High Court to decide the said validity. The Supreme Court has also granted interim direction of registration of deeiis of conveyance, but such registration was directed to be treated as provisional subject to the result of the writ petitions now pending before the High Court and the parties should not claim any additional equity.

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The Gazette notilication dated 26.O9.2013 u'as considered in W.P.No.79069 of 2014. Paragraph No.12 of thc^judgment dated 25.O8.2O1,4 reads as under:

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"Hence, the Writ Petition is disposed of directing the Sub-Registrar to receive and process the deeds of conveyance without reference to the District Gazette notrfication 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 regi.ster the deeds presented before him, if he has any other objection, by duiy assigning reasons in support of such decision and communicate the decision to the petitioners. It is made clear that mere registration of deed of conveyance does not confer title to the property ald it is made clear that this order does not preclude the Government to take appropriate steps as warranted by law ald to assert rts tit1e. No costs."

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7 . Following the said decision, several other Writ petitions were disposed of.

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In view thereof, following the earlier decision in W.P.No.19069 of 2014, dated 25.08.2014, this Writ Petition is also disposed of directing the registering authority to receive and process the deeds of conveyance without relerence to the District Gazette notification dated 26.O9 .2O 1 3 subject to compliance ol the provisions of the Indian Registration Act, 1908 and Indian Stamp Act, 1899. It is also open to the registering authority to reluse to register the deeds presented before him, if he has any other objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner. It is made clear that mere registration of deeds of conveyance does not confer title to the property. It is also made clear that this order does not preclude the Government/ District Collector to take appropriate steps as warranted by law and to assert its title. There shall be no order as to costs. Miscellaneous petitions, if any, shall stand closed.

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P. NAVEEN RAO, J

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24rr,.June,2019 Rds

Mogalipaka Pushpa, v. the State of Telangana

Case brief

What is this about?

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Mogalipaka Pushpa, v. the State of Telangana

Case brief

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What did the court decide?

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