Disposed

M.D Siraj v. The State of Telangana, And 5 Others

Telangana HC16 Feb 2021WP/425/2021

Case brief

AI extract

What is this about?

The High Court disposed a writ petition at the admission stage wherein the petitioner sought a mandamus directing the Sub Registrar to accept and register sale deeds executed by a third party in favor of the petitioner, which were initially refused despite a supporting civil judgment and decree.

What did the court decide?

Directed the Sub Registrar to receive the document and process the same for the purpose of registration, provided it complies with the Registration Act.

M.D Siraj Vs The State of Telangana, And 5 Others — 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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TUESDAY THE SIXTEENTH 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 425 0F 2021

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Between:

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' V,D .9,tgi,^{p{o.\i.,D._t/usthaied, Aged about 36 Years, Occ: Agricutture,} R/o. H.No.4-3-7613, Rajiv Nagar Colony, Vikarabad, VikarabadDistrict.

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...PETITIONER

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AND

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The State of Telangana, Rep. Qy its Principal Secretary, Revenue and Stamps

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^^{and Registralion Department, Secretariat Buildings,Hyderabad.}

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The District Collector, Vikarabad, Vikarabad Distn-ct.

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The Revenue Divisional Officer, Vikarabad, Vikarabad District.

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The Tahsildar, Vikarabad, Vikarabad District.

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The Sub Registrar, Stamps and Registration Vikarabad Vikarabad District

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Manda Narsrmha Reddy, S/o. Rama Chandra Reddy Aged about 55 years, Occ. Agriculture, R/o. H No.4-'105, Chinthodraj Building, Devlnipaili Viilage, Faroognagar tr,4andal, Ranga Reddy Distiict

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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 appropriate writ, order or direction more particularly one in the nature of WRIT OF IVANDATVUS declaring the action of the Sth respondent herein in not receiving / accepting the sale deeds which ts executed by the 6th respondent herein in favour of the petitioner in respect of the land admeasuring Ac. 0.15 gts in Sy No. 201 and Ac. 0.27 gts in Sy No. 195 totalling Ac. 1.02 Gts situated at Kothrepalli Village, Vikarabad lt/andal, Vikarabad District inspite of the Judgment and Decree dated 15/10/20'lg passed in OS No. 122 ol 2019 on the file of the Court of the Senior Civil Judge, Vikarabad is being illegal, arbitrary unreasonable and violation of the article 14 of the constitutron of lndia and violation of the principles of natural justice and contrary to the provisions contemplated under the stamps and registration act and rules made thereunder and consequently direct the Sth respondent herein to accept / receive the sale deeds and register the same.

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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 5th respondent herein to receive the documents ( sale deeds ) and register the same forthwith in respect of the land admeasuring Ac. 0.15 gts in Sy No. 201 and Ac.0.27 gts in Sy No. 195 totalling Ac. 1 .02 Gts situated at Kothrepalli Village, Vikarabad IVandal, Vikarabad District pending disposal of the main writ petition. Counsel for the Petitioner: SRl. KOPPULA GOPAL

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Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE Counsel for the Respondent No.6: NONE APPEARED

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

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THE HON'BLE SRI JUSTICE^{T. AMARNATH GOUD}

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WRIT PETITION No.425^{of 2021}

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ORDER:

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With the consent of leamecl counsel^{for the parties,this writ petition} is heard and is disposed of^at the^{stage ol adn-rission.}

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The writ petition is filed, seeking to declare^{the action of 5'r'} respondent in not receiving/accepting^{the sale deecl executedby the 6'r'} respondent in favour of^petitioner with^{regard to subject lands,inspite of} the^judgment and decree dated 15.10.2019,^{passed in O.S.No.l22 of 20.19} on the file of Senior Civil Judge, Vikarabad,^{as illegalandarbitrary.}

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During the course of arguments, it is agreed by both the^petitioner and the 61h respondent that the sale consideration is complete^{and the} remaining part is to execute and register the document before the competent authority i.e. respondent No.5.

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In view of the same, this writ petition is disposecl ol directing respondent No.5 to receive the docutnent and^{process the same fbr the} purpose of registration, provided the sarne is complying lvith the^procedure as contemplated uncler the Registration Act.^{No orcleras to costs.}

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Pending miscellaneous applications. if any. shall^{stancl closecl}

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SD/-N.CHANDRA SEKHAR RAO ASSISTANT REGISTRAR //TRUE COPY// a) SECTION OFFICER

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To,

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The Sub Registrar, Stamps and Registration Vikarabad Vikarabad District One CC to Sri Koppula Gopal, Advocate [OPUC]

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1.
2.
a

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a Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT] 4. Two CD Copies CHR

h----

HIGH COURT

DATED:1610212021

ORDER

1 H V TA ?'C,
(
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20 tEB 2021 oz
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W.P.No.425 of 2021

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DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS

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-r$$i,-v,

M.D Siraj v. The State of Telangana, And 5 Others

Case brief

What is this about?

What did the court decide?

M.D Siraj v. The State of Telangana, And 5 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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