Allowed

M. Mani v. The Stale of Telangana

Telangana HC11 Feb 2021WP/3120/2021

Case brief

AI extract

What is this about?

The High Court disposed of the writ petition at the admission stage, directing the Sub-Registrar to receive and process the deeds of conveyance under the Registration Act and Stamp Act. The court clarified that registration does not confer title and remains subject to any pending litigation regarding title.

What did the court decide?

Directed the Sub-Registrar to receive and process the deeds of conveyance in accordance with the Registration Act, 1908 and the Stamp Act, 1899.

M. Mani Vs The Stale of Telangana — Specific Performance | Telangana HC (2021)

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

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THURSDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRI JUSTICE T.AMARNATH GOUO

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WRIT PETITION NO: 3120 AF 2021

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Between:

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lr/. lr/a ni, W/o G Prasad Reddy Aged about 58 years, Occ. Govt Employee, R/o, No 1-103, Dwaraka Nagar, Rekurlhy, Kothapally Mandal, Karimnagar District.

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.-.PETITIONER

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AND

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1 The State of Telangana, Rep by its Principal Secretary, Revenue,^Registration and Stamps Department, Secretariat. buildings,^Hyderabad The District Registrar of Assurances, Registration and^{Stamps Department} Karimnagar Town and District Karimnagar, Telangana

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a The Sub Registrar, Gangadhara, Karimnagar District

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4 The Tahsild rrlt,4andal Revenue Officer, Kothapally^{Revenue Mandal Karimnagar} District

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...RESP.NDENTS

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Petition under Article 226 ot lhe Constitution of^{lndia praying that in the} circumstances stated in the affidavit^{filed therewith, the HighCourt may be pleasedto} issue an order or direction more^particularly one^{in the nature of Writ of MANDAI/US} by declaring the action of the 3rd respondent in^{refusing to receive the documents} presented by the petitioner for registration in respect of residential Plot No 22 lo^hall extent of 120 sq^yds or 100 sq^{mts situated in Sy No 29 of (RekurthyGram} Panchayat) Karimnagar Municipal Corporation area,^{Karimnagar RevenueMandal,} Karimnagar District Gangadhar Sub Registrars^{area without assigning any reasonas} being illegal, without^jurisdiction and contrary to the^{ProvisionsSec 71(1X2)of the} Registration Act. and consequently direct the 3rd^{respondentto receivethe} documents^presented by the^{petitionerfor registrationof residential Plot. No 22 lo half} extent of 120 sq^yds or 100 sq mts^{situated in Sy No 29 of (RekurthyGram} Panchayat) Karimnagar lr/unicipal Corporation^{area, Karirnnagar Revenuelt'4andal,} Karimnagar District Gangadhar Sub Registrars^area.

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lA NO: 1 OF 2021

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Petition under Sectron 151 CPC^{prayingthat in the circumstances stated in the} affidavit filed in support of^{the petition, the High courtmaybe pleased to directthe} 3rd respondent to receive^{forthwithand register the document presentedfor} registration by the^{petitionerin respect of residential Plot No 22 to half extent of 120} s{yds or^.10O sq mts situated^{in Sy No 29 of (RekurthyGram Panchayat) Karimnagar} Municipal corporation^{area, Karimnagar RevenueMandal Karimnagar District} Gangadhar Sub Registrars^{area, pendingdisposal of the writ petition'}

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Gounsel for the Petitioner^{: SRI S' RAVINDER REDDY} Counsel for the Respondents:^{GPFOR REVENUE} The Court made the^{following:ORDER}

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THE HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION 1. No.312O of 2O2l

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ORDER:

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

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I ,I

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Learned counsel for the petitioner has submitted that on earlier occasions, this Court in W.P.No.725l of 2O2O, dated 03.06.2020 and W.P.No.2886 of 2O2O dated 24.02.2020, 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 petition is disposed of directing the Sub-Registrar to receive and process the deeds of conveyance 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 duly 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 propert5r. 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 proceedings/suit/appeal are pending between the executant

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<br>

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of the documentf Government or any other interested party, the registration of the document wili be subject to the result of that proceedings/ suit/ appeal. There shal1 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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,TRUE COPY//

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SD/-N.CHANDRA SEKHAR RAO ASSISTANT REGISTRAR (\ ,,' . \ L-./

SECTION OFFICER

To,

The Principal Secretary, Revenue, Registration^{and Stamps Department,} State of Telangana, Secretariat. buildings,^Hyderabad

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The District Registrar of Assurances, Registration^{and Stamps Department} Karimnagar Town and District Karimnagar,^Telangana

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The Sub Registrar, Gangadhara,^{KarimnagarDistrict}

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The Tahsildar/Mandal Revenue Officer,^{Kothapally Revenue Mandal Karimnagar} District.

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One CC to Sri S, Ravinder^{Reddy,Advocate} [OPUC] 6. Two CCs to GP for Revenue, High^{Courtfor the State of Telangana} at Hyderabad. [OUT]

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Two CD Copies slI

HIGH COURT

DATED:1110212021

ORDER

1 HE TA
o 2 6 FEB 202,|
t-,:

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WP.No.3120 of^202'l

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DISPOSING OF THE^WP WITHOUT COSTS

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t
7'c.74

M. Mani v. The Stale of Telangana

Case brief

What is this about?

What did the court decide?

M. Mani v. The Stale of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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