Partly allowed

Syed Mumtaz Ali v. State of Telangana

Telangana HC10 Feb 2021WP/2112/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed against the refusal of a Registrar to register documents concerning specific lands. Directing the Sub Registrar to receive and process the documents, the Court held that registration does not confer title if the document is otherwise invalid.

What did the court decide?

The writ petition disposed of directing the 3rd respondent to receive, process the document and complete formalities if fit for registration.

Syed Mumtaz Ali Vs State of Telangana — 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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WEDNESDAY. THE TENTH DAY OF FEBRUARY

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TWO THOUSAND AND TWENTY^ONE

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PRESENT

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THE HONOURABLE SRI JUSTICE^{T.AMARNATHGOUD}

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WR|T PETITION NO: 21'12 OF 2021

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Between:

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Sved l\i]umtaz Ali. S/o.late Sved lt/ahamood Ali aqed^{about75 years,Occ.Business,} nio.1t',1rmmiioo, Village, lt4aheswaram^{Mandal, Ranga Reddy Dlstrict, rep. by-hisGPA} Holder lt/irza Ahsan JSffer s/o.tt/irza Jaffer^{Ahmed aged about50 years,Occ.Business,} R/o.H.No.22-6-993, lranigalli, Charminar, Hyderabad.

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...pETlTlONER

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AND

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.1 . State of Telangana, rep. by its Principal secretary, Revenue (Registration and Stamps) Depa-rtment. Secietariat.^Hyderabad

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Z. fne Oisirict iRegistrai, Revenue^{(RelistrationandStamps) Department,Ranga} Reddy District.

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g ifre duo Registrar, Revenue (Registration and Stamps) Department' SRO,

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l,4aheswaram, Ranga Reddy District.

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...RES'ONDENTS

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Petition under Article²²⁶ of^{the constitution of lndia praying that in the} circumstances stated in the affidavit^{filed therewith,the High court may be pleasedto} issue a writ, order or direction^{more particularlyone in the nature of Writ of} Ir,4andamus declaring the action of the^{respondentsmoreparticularlythe 3'd} respondent in refushg to^{receiveand register the documents presentedby the} petitioner and even noi issuing market value^{certificatefor payment of stamp dutyand} iegistration fees in respect of^{land bearing sy.nos.371/Paiki admeasuringAc.9-30} GG., sy.no.372lpaiki admeasuring^{Ac.9-29Gts., and sy.no.377lpaikiadmeasuring} Ac.4-24 Gts., all are situated at^{ThummaloorVillage, l,4aheswaram lt4andal, Ranga} Reddy District, as illegal, arbitrary,^{unjust, u nco nstitutional, violationof principles of} naturil^justice and also contrary^{to the provisionsof RegistrationAct, 1908, and} consequen^y direct the^{respondents2 and 3 to receive, register and releasethe} documents^presented by the^{petitioner in respectof subjectland}

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lA NO: 1 OF 202'l

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Petition under section 151^{CPC prayingthatin the circumstancesstated in the} affidavit filed in support of the^{petition, the High courtmay be pleasedto direct the} respondents 2 and 3 to^{receive, registerand releasethe documents presentedby the} petitioner in respect of land bearing^{sy. nos.371lPaiki admeasuringAc.9-30Gts.,} sy.no.372lPaiki admeasuring^{Ac.9-29 Gts., and sy.no.377lpaiki admeasuringAc.4-24} cts., att are situated at^{ThummaloorVillage,I/aheswaraml\rlandal,Ranga Reddy} District, pending disposal of^{the writ petition}

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Counsel for the Petitioner : SRI MOHD^{MOINAHMED QUADRI}

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Counsel for the Respondents^{: GPFOR REVENUE}

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The Court made the following:^ORDER

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(

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THE HON'BLE SRI JUSTICE T. AMARNATH GOUD WRIT PETITION No. 27L2 0F 202L

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ORDER:

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

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Having regard to the facts and circumstances of the case, the writ petition is disposed of directing the 3..r respondent to receive and process the document presented by the petitioner. In the event the said document is found to be fit for registration, the J.a respondent sha_ll complete the due formalities in accordance with law and release the same. However, if the 3.d respondent still finds aly ground to exercise power under Section 71 of the Act of 1908 and refuse registration of the document presented by the petitioner, he shall pass a reasoned order and communicate the same to the petitioner as expeditiously as possible. It is also made clear that mere registration of the said document would not confer any title upon the property covered thereby, if it is otherwise wanting, and would not preclude the Government from taking appropriate steps

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as warranted by law,^{if it seeks to assertany right or title}

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over the said land.^{There shal1 be no order as to costs.}

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Miscellaneous petitions, if any,^{shall also stand}

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dismissed.

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SD/-N.CHANDRA^{SEKHAR RAO} ASSISTANT REGISTRAR //TRUE COPY// ,\ ',/ ,/ t- -,/ SECTION OFFICER

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The Sub Registrar,^{Revenue (RegistrationandStamps) Department, SRO'} Ivlaheswaram, Ranga^{Reddv District.}

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il; CCi;Sri t,lor,E^{vtoln Ahmed Quadri, Advocate} toBu-cl

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a. i*" CCs to GP^{for Revenue, High Court for the State of Telanganaat}

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Hyderabad [OUT]

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Two CD Copies Kj.

HIGH COURT

DATED:1010212021

ORDER

..:
oo 15 t[B 2021

Dc

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WP.No.2112 of 2021

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DISPOSING OF THE WRIT PETITION WITHOUT GOSTS.

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Syed Mumtaz Ali v. State of Telangana

Case brief

What is this about?

What did the court decide?

Syed Mumtaz Ali v. State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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