Dismissed

Gadepalli Lokeswar Rao v. The State of Telangana

Telangana HC27 Sept 2022WP/1159/2021

Case brief

AI extract

What is this about?

In a writ petition under Article 226 of the Constitution of India, the High Court disposed of the petition. Inviting submission that Section 71 of the Registration Act requires recording reasons for refusal to register, the Court directed the registering authority to receive, process, and register the subject document, subject to the petitioner complying with the Act and Stamp Act. The authority m

What did the court decide?

Petition disposed of directing the registering authority to receive, process, and register the subject document subject to the Act and Stamp Act.

Gadepalli Lokeswar Rao Vs The State of Telangana — Property and Title | Telangana HC (2022)

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t³¹⁶⁷ I

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IN THE HIGH COURT FOR THE STATE OF TELANGAT\IA AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE TWENTY SEVENTH DAY OF SEPTEI/IBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY

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WRIT PETITION NO:'l'159 OF 202'l

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Between:

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Gadepalli Lokeswar Rao, S/o Late G Venkatappaiah, Aged about 63^years Occ: Agriculture, R/o Plot No 76, Kiran Enclave, Near D. P.S, Sikh Road, Secunderabad.

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...PETITIONER

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AND

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

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2 The Sub Registrar, Uppal, Ranga Reddy District.

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3 The Telangana State Wakf Board, Represented by its Chief Executive Officer, tt/J Road, Hyderabad.

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(R3 is impleaded as per Court Order dated 11.02.2021 tn lA 212021)

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...RESPONDENTS

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Petition under Article 226 of the 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 Mandamus to declare the action of the 2nd Respondent as illegal and arbitrary in not registering the property bearing Plot No 6 in Sy.No 66/Part. an extant of 306 Sy. Yds, Situated at Boduppal Village, Ghatkesar lvlandal, Ranga Reddy Drstrict in favour of the petitioner and consequently to direct the 2nd Respondent to receive and register the property bearing Plot No. 6, in Sy. No. 66/Part, an extant of 306 Sy.Yds, Srtuated at Boduppal Village, Ghatkesar Mandal, Ranga Reddy District, in favour of the petitioner.

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lA NO: I OF 202't

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Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the Writ Petition, the High Court may be pleased to direct the 2nd Respondent forth with to receive and register the document property bearing Plot No. 6, in Sy. No 66/Part an extant of 306 Sy Yds, Situated

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at petitioner, pending disposal Boduppal Village, Ghatkesar of the Mandal, above writ^{Ranga Reddy District} petition. /"<!'^{in favour of the}

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Counsel for the Petitioner: SRI PRAVEEN^{KUMAR VEERJALA}

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Counsel for the Respondent Nos. 1^{and2: GP FORREVENUE}

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Counsel for the Respondent No. 3:^{SRtABUAKRAM, SC FOR WAKF BOARD}

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The Court made the following: ORDER

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I t

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THE HON.BLT SRI IUSTICE A.ABHISIIIIK I{EDDY

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WRIT PETITION No.11 59 of 2021 ORDER:

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Fleard the learned counsel for the petitioner, the learned Government pleader for Ilevenue appearing for respondent Nos.1 and 2, and Sri Abu Akram, the learned Standing Counsel for Wakf Board appearing for respondent No.3. With their consent, the present Writ petition is being disposed of at the stagc of admission.

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Seeking to direct the respondent No.2 to recelve/ register and release the document presented by the petitioner in respect of the subject property situated at Bocluppal Vilage, Gharkesar Mandal, Ranga Reddy DisLrict, the petitioner has filed the present Writ Petition.

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Learned Government pleader has fairly stated that the official respondents will follow the procedure contemplated under Section 7l o{ the Registration Act, 190g (fort short, ,the Act')

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\ \

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Section 71 of the Act reads as follows:

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"Reasons for refuml to register to he recorded. _

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(1) Euenl SLtb-Rtgish.nr refttsing to rcgister a doclolrcnt, ercept on tlrc ground tlat th propcrty to tulticlt it relntes is ,.tot sihnted uitlin lis sub_d.istict sltnll nnke an order of refLtsal

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(nul recortit'd ltis^rensotrs t'Ltt^{strchorrlerin ltis BookNo 2' aui}

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, endorsa tltr: tpot'tls^{" re1lstr(rtiotltefrcetl"on the rlotttnerLti} ruul, on^{nplrliccrtiottttnde by any pcrson executiflg or claining} unrler tlrc^{docunrcnt,shall' trtithotrt paynrcntantl uflnecessnry} delay, gioe^{hinra copyof tlureasons so reardtd'}

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(2) No registering^{ot'ficer shallacceptt'or registratiol't n cloatnrcnt} so ettdorsed^{r.rnlcssantl tntil' tmder the prottisionslurein$ter} contaircd,^{the doamrcntis directedto fu registered"'}

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In view^{ofthe submissionmade bythe learned}

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Government^{Pleacler couPled with the Provisions of Section71 of} the Act,^{the Writ Petitionis disposed of directing the Registering} Authority^{to receivc,processand register the subiect document'} subiect^{to the} Petitioner^{comptyingwith the provisionsof the Act} and Indian^{Stamp Act, 1899' lt will be open to the Registering} Authority^{to refuse to register the document presented before} him,ifhehasanyotherobiection,bydulyassigningreasonsin supPort^{of such decision and communicatethe said decision to}

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""^{*T::tr."tlu."orr.}

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petitions^{pending' if any' shall stand}

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closed.^{There shall be no orderas to costs'}

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SD/-K'AMMAJI i AssrsrANi^{REG.i7^AR/} //TRUE^COPY/' sEcrloN^bfrtcen

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To,

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iff:td:liti's-"HE[hffi^{fl ltgJ"Tli'i[:t3r"'?l:t??:3Ln'"'}

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; s"',"-t"^{to sRl Abu Akram'sc for wakfBoard[oPUC]}

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Two^{CD CoPtes}

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One^SpareGoPY

KKS ,,. BS ./ d

HIGH COURT

DATED:2710912022

ORDER

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WP.No.1159 ot 2021

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DISPOSING OF THE WRIT PETITION

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WITHOUT COSTS

Gadepalli Lokeswar Rao v. The State of Telangana

Case brief

What is this about?

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Gadepalli Lokeswar Rao v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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