Disposed

Peesari Srikanth Reddy v. The State of Telangana

Telangana HC1 Jul 2021WP/6210/2021

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition at the admission stage, granting liberty to the petitioner to register a sale deed for agricultural land electronically via the Dharani Web Portal through a registered GPA holder, subject to compliance with the Telangana Rights in Land Act 2020.

What did the court decide?

Liberty granted to the petitioner to present the deed of conveyance through the Dharani Web Portal in compliance with the Telangana Rights in Land and Pattadar Pass Books Act 2020.

Peesari Srikanth Reddy Vs The State of… — Civil Procedure and Limitation | 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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THURSDAY,THE FIRST DAY OF JULY TWO THOUSAND AND TWENTY ONE

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PRESENT

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THE HONOURABLE SRIJUSTICE P. NAVEEN RAO

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WRIT PETITION NO: 6210 OF 2021

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Between:

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Peesari Srikanth Reddy, S/o. Sri Malla Reddy, Aged about 27 years, Occ. private Employee, Fl/o.H.No.7-152, Katepally village, Athmakur Mandal, Yadadri Bhongir District.

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...PETITIONER

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AND

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1 The State of Telangana, Rep by its Principal Secretary, Revenue (Stamps and fegistration)^{Department, Secretariat Buildings, Secretariat,Hyderabad.}

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2 The Tahsildar- cum- Joint Sub Registrar, Mothkur Mandal, Yadadri, Bhongir District.

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(C.T. is amended as per C.O. dt. 241031202'l in l.A. No. 212021\

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...RESPONDENTS

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Petition under Article 226 o'f lhe 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 or direction particularly one in the nature of writ of mandamus declaring the action of the 2nd respondent in not allowing to register the document submitted by the petitioner as Sale Deed in respect of the agriculture land in Sy.No.267l1 admeasuring Ac 1.01gts and land in Sy.No.268i2 admeasuring Ac 1.37gts total admeasuring 2.38gts situated at Dattappagudem village, Mothkur It4andal, Yadadri Bhuvanagiri District without assigning any reasons as the same is illegal, arbitrary and unconstitutio na I and consequently direct the 2nd respondent to receive and register sale deed presented by the petitioner in respect of the aforesaid house property.

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IA 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 2nd respondent to receive and register the sale deed presented by the petitioner in respect of the agriculture land in Sy.No.26711 admeasuring Ac 1.0'lgts and land in Sy.No.268/2 admeasuring Ac 1.37gts total admeasuring 2.38gts situated at Dattappagudem village, Mothkur Mandal, Yadadri Bhuvanagiri District, pendrng disposal of the writ petition.

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Counsel for the Petitioner : SRI THOTA VENKATESHAM Counsel for the Respondents: AGP FOR REVENUE

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

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-2-

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HONOURABLE SRI JUSTICE P.NAVEEN RAO

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ORDER:

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WRIT PETITIO N No.621O of 2O2l

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This writ petition is filed praying to grant following relief:

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".. . to issue a Writ, Order or Direction particularly one in the nature of Writ of Mandamus, declaring tt " aciioit ol-tn. Z"o f :r::1:,1:ll^{not altowingto resisterthe-documenisuumitteo uy} rne petttroner as Sale Deed in respect of the agriculture land :P^I::1?]l^{1^admeasuringAc. 1.0I gts u"o iu"ai.,-i1,r.ro.zoa7z} aomeasurrng Ac. L37 grs total admeasuring Ac.2.3g gts situated fll 3-q 1,,, ?!i,s l li m v i I I a ge, M o r h k u r tr.r a n o a I ya o a i rr E r, r, n u g,.i " :l:::]::^l"r,assigningany reasons as the same is illeg:at, arorrrar)' and unconstitu tional and consequently direct tlte 2"d respondent to receive and register sale deed pi."""i.O frv ,n" petitioner in respect ol the aioresaid h"r". pi;;;;;';;'o;;; such other order or orders......,'

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Heard Sri Thota Venkatesham, learned counsel for the petitioner and learned Assistant Government pleader for Revenue. 3. According to petitioner, he entered into an agreement of sale with one Peddireddy Laxma Reddy, who is a registered GpA holder of Smt. Kuncham Bujjamma @ Laxmi W/o. Veeraiah, concerning land to an extent of Acs.l.01 guntas in Sy.No.267/l and Acs. 1.37 guntas in Sy.No.268/2 of Dattappagudem Village, Mothkur Mandal, Yadadri Bhuvanagiri District. According to petitioner, Smt. Kuncham Bujjamma purchased the above extent of land by way of registered sale deed dated 2g.0g.2003, her name was mutated in the revenue records and she was issued pattadar passbook with Patta No.2O9. The vendor agreed to register the sale deed, the sale deed was drawn and executed, and when the same was sought to be presented before the Tahsildar_2,d Respondent, he refused to receive the document without assigning reasons and cited some technical errors for registration. In this writ petition, petitioner seeks declaration of the action of 2.a Respondent in not allowing the document to register as sale deed, submitted by the petitioner, as illegal and arbitrary.

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The Telangana^{Rights in Landand Pattadar Pass Books Act'} 2020^{(Act 9 of 2O2O\ also designatedthe Tahsildars' as registerirrg} authorities,^{to undertake registrationof deeds of conveyance or} any other^{document affecting agricultural land' However'the} registration^{can be processed by the Tahsildars' only if document} is presented^{as prescribed in the Dharani Web Portal andno} document^{will be accepted in physical form' Apparently' petitioner} has not^{resortedto submissionof documentthrough onlineweb} portal.

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However,^{during the courseof hearing, learned counselfor} the^{petitioner,points out that the DharantWeb Portal is not} accepting^{the representation made by a GPA holder on behalf oi} pattadar and^{therefore,the petitioner cannot apply through} Dharani^{Web Portal for registration of the sale deed'}

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Learned^{Government Pleader' clarilied that though initially} there^{was some technical defect in the website' but the same is} now rectified^{and it is permissiblefor a registered GPA holder to} represent^{the original pattadar to register the deed of conveyance} affecting^{an agriculturalland'}

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Having^{regard to this clariiication'the Writ Petition is} disposed^{of, grantingliberty to the petitioner to present the deed of} conveyance^{through Dharani Web Portal'On complianceof the} requirements^{of Section5 of the Act 9 of 2O2O ' if the documentis} presented^{and the registeredGPAholder seeks to represent on} behalfoftheoriginalpattadar,theregisteringauthorityshall receive^{the document and processthe same subject of-courseto} compliance^{of other requirementsof the Act 9 of 2020' lndian}

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-4-

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Registration^{Act and the Indian $tampAct and the Rules made} there under^{and ifthe document complies all the required} parameters^{and there is no other impedimentfor i"egistration and} releasing^{of the document,it shall be registeredand released'On} the contrary,^{ifthe registeringauthorityis not acceptingthe} request^{of petitioner for registrationof the document'he shall pass} orders^{refusing to registerthe documentby assigning reasons in} the decision^{and communicatethe same tothe} support^of petitioner. Pending^{miscelianeouspetitions' if any' shali stand}

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closed.

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SD/.N.CHANDRASEKHAR^RAO ASSISTANT REGISTRAR

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//TRUE COPY//

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SECTION OFFICER

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To, 1. The Principal Secretary,^{Revenue (StampYndRegistration) Department,} Siale otietangana,^{S6cretariat Buildings,.Secretariat, Hyderabad} . ^,,---,-

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1. The Tahsildar--cum-^{Joint Sub Registrar, Mothkur Mandal, Yadadri,tshongrr} District.

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:. One CC to Sri Thota^{Venkatesham, Advocate} [OPUC]

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4, Two CCs to GP^{for Revenue, High Court for the State of Telangana} at Hyderabad. [OUT] Two CD Copies 6 One Spare Copy snl NS .{ >-P

HIGH COURT

DATED:01/07/2021

ORDER

WP.No.6210 of 2021

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DISPOSING OF THE WP AT THE STAGE OF ADMISSION WITHOUT COSTS

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Peesari Srikanth Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Peesari Srikanth Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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