Disposed

Sanoberulla Khan v. The State of Telangana

Telangana HC19 Feb 2021WP/3950/2021

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition regarding the refusal of the Sub-Registrar at Asifabad to register a sale deed. The Court directed the authority to receive and process the documents, subject to compliance with the Registration and Stamps Acts, while clarifying that registration does not confer title.

What did the court decide?

Direction to the Registering Authority to receive and process the sale deed, subject to compliance with the Indian Registration Act, 1908, and the Indian Stamps Act, 1899.

Sanoberulla Khan Vs The State of Telangana — Property and Title | Telangana HC (2021)

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

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FRIDAY, THE NINETEENTH 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, 3950 OF 2021

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Between:

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Sanoberulla Khan, S/o. Mubasherullah, Aged 39 Years, Occ: Business, Rl/o.H.No.5-9567, Gunfoundry, Abids, Hyderabad, Telangana

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..PET|T|ONER

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

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The District Registrar, Adilabad District.

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The Sub Registrar, Asifabad, Adilabad 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 lo issue a writ, order or direction more^particularly one in the nature of Writ of N,4andamus declaring the action of the 3'd respondent in not receiving and not registering sale deed executed by my vendor in^petitioner's favour dated 22-01-2019 submitted by me for registration in respect to^plot Nos. 58 & 66 admeasuring 222.22 Sy.yards equalent to 185.80 Sq.lr/ts each in Sy No.192, situated at Jankapur Village, Asifabad lvlandal, Kumrambheem Asifabad District as being illegal, arbitrary, violation of provisions of the registration Act, 1908, discriminatory and unconditional. lA NO:^'l OF 2021

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Petition under Section 151 CPC praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the High Court may be^pleased to direct the 3'd respondent to receive and register the sale deed dated 22-01-2019 submitted by petitioner for registration in respect to^plot Nos. 58 & 66 admeasuring^222.22 Sy.yards equalent to 185.80 Sq.lVlts each in Sy No.192, situated at Jankapur^Village, Asifabad lt4andal, Kumrambheem Asifabad District.

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Counsel for the Petitioner: SRI PRAVEEN KUMAR CHALLA

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counsel for the Respondents: GP FoR STAMPS AND REGISTRATION

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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.395O of 2021

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ORDER:

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Heard the learned counsel for the petitioner and the learned Government Pleader for Stamps and Registration for the respondents.

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The main grievance of the petitioner is that the official respondent No.3 is refusing to register the documents presented by him in respect of plot Nos.58 and 66 admeasuring 222.22 sq.yards equivalent to 185.80 sq.mts., each in Sy.No.192, situated at Jankapur Village, Asifabad Mandal, Kumrambheem Asifabad district, without assigning any reasons, which act of the respondent No.3 is illegal and in violation of the provisions of the Registration Act, 1908, and he seeks to issue a direction to the respondent No.3 to receive the documents presented by him.

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Section 71 of the Registration Act, 19OB reads as follows: Reasons for refusal to register to be recorded---

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(l)Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated within his sub-district shall make an order of refusa.l and recorded his reasons for such order in his Book No.2, and endorse the words" registration refused" on the document; and on application made by any person executing or claiming under the document, shall, without payment and unnecessaqz delay, give him a copy of the reasons so recorded.

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(2) No registering officer shall accept for registration of a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.

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In view of the above submissions coupled with the provision of Section 71 of the Registration Act, 1908, the Writ

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Petition is disposed of directing^{the RegisteringAuthorityto} receive and process the^{subject documents, subject to the} petitioner complying with the^{provisions of theIndian} Registration Act, 1908,^{and the IndianStampsAct, 1899' It will} be open to the Registering^{Authority to refuse/receivethe} document^{presented beforehim, if he has any other objection,} by duly assigning^{reasons in support of suchdecisionand} communicate the said^{decisionto the petitioner.It is made clear} that mere registration^{of documentdoes not confer title to the} property. It is also made^{clear that this order does not preclude} the Government/ District^{Collectorto take appropriate steps as} warranted by law^{and to assert its title.}

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MiscellaneousPetitionspendinginthisWritPetitionshall standclosedintheiightofthisfinalorder'Noorderastocosts.

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SD/-K.SAILESHI ASSISTANT REGISTRAR ,TRUE COPY' sEcr't'oLN oFFlcER

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To, 1 The District Reqistrar,^{Adilabad District'}

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Z. tfre Sub Regisirar,^{Asifabad, Adilabad district}

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O"u CCm-S"ti-iiiueen^{Kumar Challa,-Advocate[OPtlcl} 4. rwo ccs to op^{ror silmi;;;d"iidstlatiori,Hisl'i court for the State of} Telangana at Hyderabad. [OUT] 5. Two CD^CoPies. N/P

N,/

HIGH COURT

DATED:1910212021

ORDER

WP.No.3950 of 2021

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DISPOSING OF THE WRIT^PETITION WITHOUT COSTS

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Sanoberulla Khan v. The State of Telangana

Case brief

What is this about?

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Sanoberulla Khan v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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