Allowed

M Sekhar Reddy v. State of Telangana

Telangana HC17 Feb 2021WP/3524/2021

Case brief

AI extract

What is this about?

The High Court, at the stage of admission, disposed of the writ petition directing the Sub-Registrar to receive and process the deed of conveyance without reference to a District Gazette notification, while clarifying that registration does not confer title.

What did the court decide?

The Sub-Registrar was directed to receive and process the deeds of conveyance without reference to the notification dated 26.09.2013. Miscellaneous petitions were stood closed with no order as to cost

M Sekhar Reddy Vs State of Telangana — Land Acquisition | Telangana HC (2021)

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

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WEDNESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRIJUSTICE T.AMARNATH GOUD

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WRIT PETITION NO: 3524 OF 2021

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Between:

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l,4 Sekhar Reddy, S/o l,4. Venkat Reddy, Aged about. 42 Occ. Employee, R/o. H No l-3611t15t11768, Vidyanagar colony, Chandanagar, Opp. Reddy colony, Hyderabad 500050.

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...PETITIONER

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AND

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1, State of Telangana, Rep by its Principal Secretary Revenue, Department Secretariat, Hyderabad.

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District Registrar, Ranga Reddy District.

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Joint Sub Registrar l, & ll, RO Ranga Reddy Ranga Reddy 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 any writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 3rd respondents in not receiving and refusing to receive register and release the sale deed for the subject property admeasuring an extent flats bearing No.201 in second Floor of "LOTUS FLOWER" with a Built up area of 1 1 10 Sq. ft. U.D.S. of 50 Sq. Yards. (out of 400 Sq. Yards) Constructed on Plot No. 114 and 115 in Sy no. 5211 and 5212 Situated at HMT Swarnapuri Colony Colony MAKTHA IVAHABOOPET VILLAGE, GHtr/C Serilingampally Ranga Reddy Dist. which was under Notification dated 26.09.2013 would demonstrate that the District Collector, Ranga Reddy District, purported to issue the said Notification notifying lands under Section 22-A(1)(a) of the Registration Act, 1908 (for brevity, the Act of 1908') as illegal arbitrary and violative of Art^'14 21 and 300 A Constitution of lndia and principles of natural^justice and consequently to direct the respondents to receive and process the documents presented by the^petitioners without reference to the Notification dated 26.09.20"13 issued by the District Collector, Ranga Reddy 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 register and release the sale deed for the subject^property admeasuring an extent flats bearing No.201 in second Floor of^{"LOTUSFLOWER"} with a Built up area of 1110 Sq. ft. U.D.S. of 50 Sq. Yards. (out of 400 Sq. Yards) Constructed on Plot No.^'1 14 and 1 1 5 in Sy no. 5211 and 5212 Situated at^HIVT Swarnapuri Colony Ir/AKTHA MAHABOOPET VILLAGE, GHMC Serilingampally Ranga Reddy Dist.

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Counsel for the Petitioner: SRI S. N. VEERENDER SINGH Counsel for the Respondents: GP FOR REVENUE The Court at the stage of admission made the following: ORDER

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

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WRIT PETITION No.3524^{of 2O2l}

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ORDER:

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Heard learned counsel^{for the petitionerand 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'19O69 of 2014,} dated 25.08.2014 and^{W.P.No.5912 of2O2Odated} 20.04.2020, has^{passedorders directing the registrationof} the documents^{presented/pendingbefore the authorities;the} cause of action in the^{present writ petitionalso pertains to} the same.

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Accordingly, the writ^{petition is disposed of directingthe} Sub-Registrar to receive^{and process the deedsof conveyance} without reference to the^{District Gazetteenotificationdated} 26.09.2013 in accordance with^{the Indian Registration Act,} i908 and the Indian^{StampAct, 1899. However, it is opento} the registering authority^{to refuse to register/ receivethe} deeds presented^{before him, if he has any other objection,by} duly assigning reasons in^{support of such decisionand} 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 clearthat this order does} not preclude the^{Governmentto take appropriate stepsas} warranted by law and to^{assert itstitle} '^Ifany

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proceedings/^{suit/ appealare 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/ appeal'There sha11 be no order as} to co sts.

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Miscellaneous^{petitions, if any' pending in this Petition'}

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shal1^{stand closed}

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//TRUE^COPY//

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SD/- B.SATYAVATHI ASSISTANT^REGISTRAR (rr"

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SECTION^OFFICER

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to'',. ,nu Principal Secretary Revenue' Department' State of Telangana' Secretariat' Hvderabad.