Disposed

Smt Neelima v. State of Telangana

Telangana HC3 Feb 2021WP/2098/2021

Case brief

AI extract

What is this about?

Writ petition challenging refusal to register a Sale Deed. Disposed of by directing the Registering Authority to receive and process the document subject to compliance with Registration and Stamps Acts, leaving specific objections open for reasoned refusal.

What did the court decide?

Directed the Registering Authority to receive and process the Sale Deed subject to compliance with relevant Acts and without reference to the 2013 notification.

Smt Neelima 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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WEDNESDAY, THE THIRD 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 PETITION NO: 2098 OF 2021

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Between:

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Smt Neelima, W/o Sri Damisetty Ramesh, Aged about 47 years, Occ service, Rio Flat No 303, Paraneshwari Apartments,95, Moti Nagar, Hydera6ad.

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,..PETITIONER AND

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State of Telangana, represented by its Prinicipal 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.

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The Joint Sub-registrar, Registrar Office, Serilingampally, Ranga Reddy District.

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...RESPONDENTS

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Petition under Article 226 ol lhe 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 lvlandamus declaring the action of the Respondent No.4 in refusing to receive and register the Sale Deed for the property open plot B.No 22, admeasuring 500 square yards comprised in survey number 231 paft and 316 part situated at Gopanpally village, Serilingampally mandal, Ranga Reddy District as illegal, arbitrary, u nco nstitutio nal and against the provisions of law and consequently direct the Respondent No.4 herein the register the Sale Deed presented by the petitioners 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 direct the Respondent No.4 to register the Sale Deed in respect of open plot B.No 22, admeasuring 500 square yards comprised in survey number 231 parl and 316 part situated at Gopanpally village, Serilingampally mandal, Ranga Reddy District and release the same pending disposal of the Writ Petition

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Counsel for the Petitioner : SRI E.RAMESH CHANDRA GOUD

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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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Writ Petition No.2O98 of 2O21

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ORDER:

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This Writ Petition is filed by the petitioner with the prayer u hich reads as follot's:-

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"to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action ol the Respondent No 4 in refusing to receive and register the Sale Deed lor the propertv open plot B.No.22 admeasuring 5O0 square yards comprised in survey number 23 1 part and 3 16 part situated at Gopanpally village Serilingampally mandal Ranga Reddy District as illegal, arbitrary, unconstitutional and against the provisions of law and consequently direct the Respondent No 4 herein the register the Sale Deed presented by the petitioner and release the same.,,

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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 for respondents that the issue in this writ petition is covered by the orders in W.P.Nos.t2686 of 2020, W.p.No.BZ2O of 2020 and W.P.No.38O0 of 2018 passed by this Court.

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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 without reference to the District Gazette notification dated 26.09.2013 subject to the compliance of the provisions of the Indian Registration Act, 1908, and the Indian Stamps Act, 1g99. It will

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be open to the Registering Authority to refuse/receive the document presented before him, if he has any other objection 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 communicate the 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 preclude 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 document will be subject to the result of that proceedings/ suit/ appeal.

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Miscellaneous Petitions pending in this Writ Petition shal1

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stand closed in the light of this final order. No order as to costs.

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SD/-K.SAILESHI

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ASSISTANT^REGISTRAR //TRUE COPY// $-o

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SECTION^OFFICER

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To 1. The Prinicioal secretary.^{Department of Revenue, Stamps and Registration'} State of Telangana.^{T.S Secretariat' Hyd era oao'}

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1. i;;"C;r;l;;io"er^{ano tnspeCtoiGenirral Registrations and stamps} Government of^Telangana.

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1. The District^{Registrar. Registration and Stamp. s' Hyderabad District Hyderabad'} The Joint sub-resistrar,^{nediliil"; o?it"lSeiiiingafoip'ly'. F'ns' Reddv District'}

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4.t o"i, CC i" Sii^{E Hameshci'inora Goud'AdvoCateloPucl}

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1. rwo ccs to Gp for n"u"nr"liitt^{d;;rt'filth" sirteof Teiansana' Hvderabad} (ouT)

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Two CD Copies Kj

HIGH COURT

DATED:0310212021

ORDER

1 H E S T4
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WP.No.2098 ot 2021

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS.

Smt Neelima v. State of Telangana

Case brief

What is this about?

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Smt Neelima v. State of Telangana

Case brief

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What did the court decide?

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