Disposed

J.C. Madhusudhana Reddy v. The State of Telangana

Telangana HC5 Feb 2021WP/23070/2020

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the refusal to register a mortgage deed at the stage of admission. It directed the Sub-Registrar to receive and process the deeds without reference to a disputed notification, allowing the authority to refuse registration for other lawful objections.

What did the court decide?

Directed the Joint Sub-Registrar to receive and process the deeds of conveyance without reference to the District Gazette notification dated 26.09.2013.

J.C. Madhusudhana Reddy Vs The State of Telangana — Writ and Judicial Review | 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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FRIDAY, THE FIFTH 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: 23070 0F 2020

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Between:

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J.C. Madhusudhana Reddy, S/o. Late J.C. Sambasiva^{Reddy, aged about 67 ye-ars,} r/o. Plot No.103, Street No.5, Hlr,4T Swarnapuri Colony, Miyapur,^{Hyderabad-500049.}

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...PETITIONER

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AND1. The State of Telangana, rep. by its Principal Secretary, Department of Revenue (Stamps and Registration), Secretariat Buildings, Hyderabad.

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The Dlstrict Registrar, Ranga Reddy District, Telangana^State.

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The Joint Sub-Registrar. R"egisterin! Officer, Ranga^{Reddy District,Telangana} State.

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The District Colleclor, Ranga Reddy District,^{Telangrn"t,r,"....*=SpONDENTS}

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Petition under Article 226 of the Constitution of^{lndia prayingthat in the} circumstances stated in the affidavit^{filed therewith, the High Court may be pleasedto} issue an appropriate writ, order or direction^{particularlyone in the nalureof writ of} IVandamus, declaring the action of the 3rd^{respondentin refusingto receive and} register the Mortgage Deed^(Without Possession) daled^{29-07 -2O2Oof 10% I.4ortgage} area 41.06 sq. mtrs. (out of 408.36 sq. mtrs)^{of built up area in First Floor,as shown} in the plan attached therewith, of the^{proposed buildingon Plot No. 83, in sy.nos.} 5211 and 5212, admeasuring 267 Sq.yards,^{MakthaMahaboobpetVillage'} Serilingampally l/andal, under GHMC Serilingampally^{Circle, Ranga ReddyDistrict'} basing on notification dated 26-09-2013 of the^{4th respondent, which is alreadyset} aside by this Hon'ble Court, for being illegal, arbitrary,^{violativeof provisions of the} Registration Act, 1908, discriminatory and unconstitutio^{nal and consequentlydirect} the 3rd respondent to receive and register the^{subject documentof the petitioner} without reference to the^proceedings of the District Collector,^{dated 26-09-2013.} lA NO: 1 OF 2020

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Petition under Section 151 CPC^praying that in the circumstances^{stated in the} affidavit filed in suppod of the^petition, the High Court^{maybe pleased to directthe} 3ro respondent to receive and register the Mortgage^{Deed (WithoutPossession)} dated 29-07-2020 of 10ok mortgage area 41.06 sq.^{mtrs, (out of 408.36 .sq. mtrs)of} built up area in First Floor, as shown in the^plan attached therewith,^{of the proposed} building on Plot No.83, in sy.nos. 5211 and 5212, ad measuring^{267 Sqyards, Maktha} Mahoboobpet Village, Serilingampally Mandal, under GHMC^{SerilingampallyCircle,} Ranga Reddy District, without reference to the notification^{dated 26-09-2013of the} District Collector, pending disposal of the writ^petition.

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Counsel for the Petitioner: SRl. SRINIVASA RAO BODDULURI Counsel forthe Respondents: GP FOR STAMPS^{AND REGISTRATION}

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The Court at the stage of admission made the following: OROER

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THE HON'BLE SRI JUSTICE T.AMARNATH GOUD

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WRIT PETITION No.23O7O of 2O2O

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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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Learned counsel for the petitioner has submitted that on earlier occasions, this Court in W.P.No.19069 of 2014, dated 25.08.2014 and W.P.No.59 12 of 2O2O dated 20.O4 .2020 , 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 petltion is disposed of directing the Sub-Registrar to receive and process the deeds of conveyance without reference to the District Gazettee notification 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 register/ receive 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 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

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proceedings/ suit/ appeal a_re 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/appea-1. There shall 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/. K.ONESIM ASSISTANT REGISTR ,TRUE COPY'

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SECTION OFFICER

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To, 1, The Joint Sub-Registrar,^{Registering officer, Ranga Reddy District.Telangana} State. 2. One CC to Sri Srinivasa^{RaoBodduluri, Advocate} IOPUCI O, fwo CCs to GP^{for Stamps and Registrations,Hig} h Court'for the State of Telangana at HYderabad. [OUT] 4. Two CD Copies

CHR

\Lt)'

HIGH COURT

DATED:0510212021

ORDER

W.P.No.23070 of 2020