Dismissed

Mrs. Anushrce Soni Daga v. State of Telengana and 4 Others

Telangana HC22 Sept 2021WP/5741/2021

Case brief

AI extract

What is this about?

In a writ petition challenging the refusal of a Sub-Registrar to register a sale deed for a shop in Banjara Hills, the High Court disposed of the petition at the admission stage. The court directed the registering authority to receive the document subject to statutory compliance, treating any registration as provisional.

What did the court decide?

Directed the Registering Authority to receive and process the sale deed document as per the Act, subject to statutory compliance and treating registration as provisional.

Mrs. Anushrce Soni Daga Vs State of Telengana and 4… — Property and Title | Telangana HC (2021)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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WEDNESDAY ,THE TWENTY SECOND DAY OF SEPTEI\4BER TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HON'BLE SRI JUSTICE A,ABHISHEK REDDY

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WRIT PETITION NO: 5741 OF 2021

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Between:

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AND

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Mrs. Anushrce Soni Daga, S/o. Mr. Madhav Daga, Aged about. 26 years, Occupation. Housewife, No.8-2-58Q112, Plot No. 12. Sri Ram Park, Road No.8, Banjara Hills, Hyderabad-34.

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,..pETt,oNER

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1 State of Telengana, Through Principal Secretary Revenue (Registration and Stamps) Having Office at Secretariat, Hyderabad.

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2 The Commissioner, Registration and Stamps Department, Government of Telangana, Having office at 5-3-953, N.S. Road, Hyderabad.

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3 The District Registrar-South, Registration and Stamps, Hyderabad District. 4 Sub-Registrar, Banjara Hills, Office at Erragadda Hyderabad. E The Deputy Superintendent of Police, Financial lntelligence Unit, ClD, O/o. Director General of Police, ClD, Special Units and Economic Offence, Carlton House, Palace Road, Bangalore (Karnataka)- 560 001.

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...RES,ONDENTS

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Petition under Article 226 ol the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order o direction one more particularly in the nature of writ of MNDAMUS declaring the action of the Respondent No. 4 in refusing to register the document i,e, Sale Deed dated 2411212020. for the property i.e., Shop No G-1 on Ground Floor of CITY CENTRE bearing Shop GHMC No.8-2-592l& 593/G/15, PTI No.1100841221, having a super plinth area of 985 Sq. Feet, together with proportionate Undivided Share of Land 30.0 Sq. Yds, situated at Road No.1 and 10, Banlara Hills, Hyderabad, as illegal, arbitrary and violative of principles of natural justice and consequently direct the Respondent No, 4 to register the said document i.e., Sale Deed dated 2411212020 executed with respect to the above mentioned property after following the due process and to release the same to the Petitioner,

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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 Respondent No.4 to register the said document i.e., Sale Deed dated 2411212020, with respect to the property i.e., Shop No. G-15, on Ground Floor of "CITY CENTRE' bearing Shop GHMC No. 8-2-592land593/G/1 5, PTI No.1'10084122'1 , having a super plinth area of 985 Sq. Feet, together with proportionate Undivided Share of Land 30.0 Sq. Yds, situated at Road No.1 and 10, Banjara Hills, Hyderabad, by following the due process and to release the same to the Petitioner.

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Counsel for the Petitioner : SRI PAWAN KUMAR AGARWAL Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: GP FOR HOME

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE A. ABHISHEK IIEDDY WRIT PIITITION No. 5741 of 2021 ORDER:

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Heard the learnecl coLutsel lbr the petitioner a t(l the lealnecl Governrnent Pleader 1br Revenue appearing lbr rcsllondent Nos.l to 4. With their consent, this Writ Petition is disposed of at the stage ot' adrnission.

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Aggrieved by the action of respondent No.4 in not entertaining the document presented by the Detitioner for registration in respect of Shop No.G-15 on Grr,und Floor of "CITY CENTRE" bearing Shop GHMC No.8-2-5!,2/&593lGlI5, PTI.No.110084122l having a plinth area of 985 s1.feet rogether with proportionate undivided share of land adrr easuring 30.0 sq.yards situated at Road No.1 & 10, Banjara Hil s. Hyderabad, the present writ petition is flled.

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The lealnecl Government Pleader has stated t iat the oificial respondents wilI follow the procedure contertplated under Section 71 of the Registration Act, 1908 (for short, 'the Act').

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Section 71 of the Act reads as follows:

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Reasons for refusal to register to be recorded.-

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(1) Every Sub-Registrar refusing to register a docum:nt, except on the ground that the property to which it relates is not ;ituated within his sub-district shall make an order of refusal and rer:orded his reasons fbr such order in his Book No.2, and endorse the r rords^{..registration}

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AAR..J W.P.No.5741of202l

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relused" on the document; and, on application made by any person sxccutiltg or claiming under thc document, shall, without paynent ancl unneccssary delay. givc hinr a copy of thc reasons so recordcd. (2) No registering officcr shall accept fbr registration a (locuu.tcrlt s() cn<iorsed unless and until, under the provisions hcrcinaftor contained, thc document is directcd to be rcgistcled.

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In view of the above rnade submission coupled with the provision under Section 7l of the Act, the Writ petition is disposed of directing the Registering Authority to receive and process the subject document, subject to the petitioner complying with the provisions of the Act and Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse/receive the documents presented before hitn, if hc has any ottjection. by duly assigning rcasons in support ol'such clecision aud contntunicate the said decision to the petitioner. However, any such registration shall be treated as a provisional one. It is rnade clear that rnere registration of the docurnents does not confer any title to the property. The petitioner shall not claim equities in case adverse orders are passed against her. If any proceedings/suit/appeal are pending between the executant ofthe document/Govemment or any other interested party, the registration of the documents will be subject to the result of that proceedings/suit/appeal. It is also made clear that this order does

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AAR, J W P No.574l^{of 202 |}

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not preclude the^{Governr.nent/DistrictColler:tor totake}

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alrpropriatc^{stepsas warranted by law and to asscrt its titlc'}

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Miscellaneous^{applications,if trny peniling' shallstancl}

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c losed. There^{shall be no order as to costs.}

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SD/.K.SAILESHI ASI;II}TANT^REGISTRAR

//TRUE^COPY//

secrtoilbrrtcen

To, I The^princioar secretary^{Revenue (Registration and Stamp s), stateof relengana'} ,!iilliffi.i"r"uHi{{ll$},u1fr k::'nu:J[,f :'"Tl^::: . If; 5^{8,Y3,?,?i H3U'i?,3I5T,1i :E:; ;i;dtiil} ".d^{91"s1 i J, iri itt * u'dDi st ri ct} 4. sub-Resistrar,^{Banlara iiri'd' iii'il" tl lrragaddaHYderat ad'}

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; Htffi?5,+,:f,#iil?%:ffif#Htfrftr^{::::' "'.}

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at Hvderabad. [OUT]

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t ?ii"'cc. i" 6i^{tot Ho,", Highcourt for the State of Telangana} at Hvderabad. IOUTI

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Two'CD^CoPies

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One^{SPare CoPY}

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HIGH COURT

DATED:2210912021

ORDER

WP.No.5741 ol 2021

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DISPOSING OF THE WP WITHOUT COSTS

Mrs. Anushrce Soni Daga v. State of Telengana and 4 Others

Case brief

What is this about?

What did the court decide?

Mrs. Anushrce Soni Daga v. State of Telengana and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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