Allowed

Goguri Dileep v. The State of Teiangana and 3 others

Telangana HC11 Feb 2021WP/3143/2021

Case brief

AI extract

What is this about?

The Telangana High Court disposed of a writ petition seeking a writ of mandamus to direct the Sub-Registrar to receive conveyance documents for land registration. The court ordered registration while clarifying that title is not conferred merely by registration and subjecting the deed to pending government litigation.

What did the court decide?

Directing the Sub-Registrar to receive and process the deeds of conveyance in accordance with the Registration Act and Stamp Act.

Goguri Dileep Vs The State of Teiangana and 3 others — Property and Title | Telangana HC (2021)

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

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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 GOUD

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WRIT PETITION NO: 3143 OF 2021

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Betwee n:

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Goguri Dileep, S/o. lValin Reddy, Aged about 36 years, Occ. Business R/o. H No. B-7-29712115, Flat No C 5 Vinayaka Towers, Hanuman Nagar, Karimnagar, Karimnagar District

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...PETITIONER

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AND

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1 Th aa tate of Telangana, Rep by its Principal Secretary, Revenue, Registration andStamps Department, Secretariat Buildings. Hyderabad

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1. T-he District Registrar of Assurances, Registration and Stamps Department Karimnagar Town and District, Karimnagbr, Telangana

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The Sub Registrar, Gangadhara, Karirrmagar District

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The Tahsildar, [,4andal Revenue Officer, Kothapally Revenue lVlandal, Karimnagar District.

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of writ of IvANDAIVUS by declaring the action of the 3rd respondent in refusing to receive the documenls presented by the petitioner for registration in respect of residential plot Nos. i 6 & 1 7 to an extent of 216 & 200 sq yds respectively situated in Sy No. 14.1 of Rekurthy Village and Gram Panchayat Kothapally l,4andal, Karimnagar District without assigning arty reason as being illegal, without jurisdiction and contrary to the Provisions Sec 71(1)(2) of the Registration Act and consequenfly direct the 3rd respondent to receive the documents presented by the petitioner for registration of residential Plot Nos. 16 & 17 to an extent ol 216 & 200 sq yds respectively situated in Sy No. 141 of Rekurthy Village & Gram Panchayat, Kothapally tr,4andal, Karimnagar District.

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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 3rd respondent to receive forthwith and register the document presented for registration by the petitioner in respect of residential pot Nos. 16 and 17 to an extent of 216 and 200 sq yds respectively situated in Sy No.^'141 of Rekurthy Village & Gram Panchayat Kothapally l\rlandal, Karimnagar District, pending disposal of the writ petition.

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Counsel for the Petitioner: SRI RAVINDER REDDY SINGT REDDy

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Counsel for the Respondents: GP FOR REVENUE

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

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THE HON'BLE^{SRT JUSTICE T.AMARNATHGOUD}

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WRIT PETITION No.3143^{of 2O2l}

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ORDER:

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Heard learned counsel for the^{petitionerand learned} Government Pleader for^{Revenue'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.725\ of 2O2O,} dated 03.06.2020 and W.P'No.2886^{of2O2O dated} 24.O2.2O2O, has^{passedordersdirecting the registration of} the documents^{presented/pendingbeforethe authorities;the} cause of action in the^{presentwrit petitionalso pertainsto} the same.

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Accordingly, the writ petition is disposed^{of directingthe} Sub-Registrar to receive and^process the^{deeds of conveyance} in accordance with the Indian Registration^{Act, 1908 and the} Indian Stamp Act, I 899. 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 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 proceedings/ suit/ appeal are pending between the^executant

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<br>

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of the document/Government or any other interested party,

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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, shall stand closed.

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SDIN.CHANDRA^SEKHARRAO ASSISTANT REGISTRAR ('\rt ,TRUE COPY' SECTION OFFICER

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To,

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1 . The Principal Secretary,^{Revenrle, Registration andStamps Department'} State of T6langana,^{S6cretariat Buildings, Hyderabad}

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The District Registrar^{of Assurances, Registration andStamps Department} Karimnagar Tofun^{and District, Karimnagar, Telangana}

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The Sub Registrar,^{Gangadhara, KarirrmagarDistrict}

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

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One CC to Sri.^{Ravinder Reddy Singi Reddy' Advocate[OPUC]}

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Two CCs to^{GP for Revenue, HighCourt for the State of Telangana[OUT]}

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Two C.D. CoPies

Prk -$'--

HIGH COURT

DATED:1110212021

ORDER

WP.No.3143^{of 2021}

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1 tre STA r4:
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t.:s3 PA'1

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Disposing^{of the WP.} at the stage^{of admission} without^costs. *il,,',-') \ L,'

Goguri Dileep v. The State of Teiangana and 3 others

Case brief

What is this about?

What did the court decide?

Goguri Dileep v. The State of Teiangana and 3 others

Case brief

What is this about?

What did the court decide?

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