Disposed

R.Prasad , R.v.Sai Prasad and Another v. State of Telangana and 2 Others

Telangana HC8 Feb 2021WP/2550/2021

Case brief

AI extract

What is this about?

Writ petition challenging non-registration of a sale deed due to pending impoundment notification disposed of. Court directed the Sub Registrar to communicate reasons for non-registration and allow appeal before further adjudication. No order as to costs.

What did the court decide?

Directed the third respondent to communicate the reasons for not registering the document and afford the petitioner an opportunity to avail of legal remedies.

R.Prasad , R.v.Sai Prasad and Another Vs State of Telangana and 2 Others — Telangana HC (2021) — LawSathi Research

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE EIGHTH 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: 2550 OF 2021

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Between:

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R.Prasad @ R.V.Sai Prasad, S/o.Sri R.Ramachandra Rao, Aged about^{58 years,} Occ: Employee, R/o.LlG-331 , APHB Colony, Kukatpally, Hyderabad. 2 R.Rama Kiishna, S/o.Sri R.Ramachandra Rao, Aged about 53^years, Occ:Employee, R/o.D.No.229-A, BDL Townnship, Bhanur,^{Ir/edak District.}

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(Both are represented through their regd. AGPA Holder S.Rama Rao, S/o.Sri S.Appa Rao, Aged about 50^years, Occ: Business,^{R/o.H. No.34/14134'} Gnanapuram' Visakhapatnam ) ...pETrroNERS

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ANO

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State of Telangana, Rep. by its Principal Secretary,^{Revenue (Stamps and} Registration) Department, Secretariat,^Hyderabad.

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Th6 District Registrar, Stamps and^{Registration Department,Ranga Reddy} District.

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The Sub Registrar, Stamps and Reglstration^{Department SRO, Shamshabad,} Ranga Reddy District

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...RES'.NDENTS

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Petition under Article 226 ot lhe Constitution of^{lndia prayingthat in the} circumstances stated in the affidavit^{filedtherewith, the High court may be pleased to} issue a writ, order or direction more^{particularlyone in the nature of Writ of} [/andamus declaring the action of the^{respondentsmore particularlythe 3'd} respondent in not registering the sale^{deed i.e., pending documentNo.P/109/2020} presented by the petitioners in respect of open^plot admeasuring^{405 sq. yards, under} Sy.No.103/29/A, situated at Shamshabad^{Village and Mandal' Ranga Reddy District,} on the ground of issuance of the Notification^{dated:2610912013issued by the District} collector, Ranga Reddy District, as^{illegal, arbitrary, unjust, unconstitutional, violation} of principles of natural^justice and^{also contrary to the provisions of RegistrationAct,} 1908, and consequently direct the^{respondents2 and 3 to registerand release the} sale deed i,e.,^pending document^{No.P/109/2020presented by the petitioners in} respect of subject land without reference^{to the Notificationdated: 26/09/2013 issued} by the District Collector, Ranga^{Reddy District.}

il2ll

lA NO: 1 OF 2021

Petition under Section 151^{CPC prayingthat in the clrcumstances stated in the} affidavit filed in support^{of the petition, the High Court maybe pleased to directthe} respondents 2 and 3 to register^{andreleasethe sale deed i.e.,pendingdocument} No.P/.l09/2020^presented by the^{petitioners in respectof open plot admeasuring 405} sq. yards, under Sy.No.1O3l29lA,^{situated at Shamshabad Village and Mandal,} Ranga Reddy District, without^{reference to the Notificationdated.26109/2013issued} by the District collector, Ranga^{ReddyDistrict, pendingdisposal of the writ petition.} Counsel for the Petitioners: SRl.^{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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THE HON'BLE SRI JUSTICE T. AMARNATH GOUD

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WRIT PETITION No.255O O? 2OZt

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ORDER:

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Heard learned counsel for the petitioners and learned Government Pleader.

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Learned counsel for the petitioners would submit that despite filing document for registration, the 3'd respondent received the same, but kept the same pending and not registering the^said document and hence , the petitioners filed the^{present writ petition.} Learned Governmcnt Pleader, on instructions,^{u'ould submit} that Survelr No.l03/29i A and all its Sub-division^{Nos.1O3/ 1 to 97} contains porampoke land admeasuring Ac. 717.19 gts of Shamshabad Village and^{Mandal is prohibited for} registration and that the said plots does not belong to^approved layout and it is not having any^proper authorization^{from the} concerned authority and hence, the 3rd^{respondent is not accepting} the document for registration and his action^{is justand} reasonable.

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In view of the above submissions,^{and in the circumstances} of the case, the writ petition is disposed of^{directingthe 3'd} respondent to communicate the^{reasonsfor not registeringthe} document and give opportunity to^{the petitioner to avaii remedies} available under law. There shall^{be no orderas to costs.}

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Miscellaneous pctitions,^{if zrny,shall also stand dismissed}

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1 t

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s D/- N cltttD#I ?..tHsr[iR !/,, //TRUE^COPY' SECTION^OFFICER

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To,

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The Sub^{Registrar, Stamps and Registration Department SRO' Shamshabad'}

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1 2 3 Bi:'6{i"'grt:ility:':,::fi iwo CCs to^{GP for Revenu} ?x8tsiff }"i?^"sEtlJ?f f si"n,.,* Hvderabad. [OUT] Two CD^CoPies

ry?;ft

HIGH COURT

DATED:0810212021

ORDER

W.P.No.2550 of²⁰²¹

1 i-l E S TA fa:
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o 1 I FEB 2021
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DISPOSING OF^{THE WRIT PETITION} WITHOUT COSTS

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R.Prasad , R.v.Sai Prasad and Another v. State of Telangana and 2 Others

Case brief

What is this about?

What did the court decide?

R.Prasad , R.v.Sai Prasad and Another v. State of Telangana and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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