Allowed

Sri. Devu Madhukar Reddy and 2 others v. The State of Telangana and 2 others

Telangana HC16 Sept 2022WP/11818/2022

Case brief

AI extract

What is this about?

In this petition challenging refusal to register sale deeds, the High Court observed that when a registering officer refuses to register, they must record reasons under Section 71 of the Registration Act. Accordingly, the Court disposed of the appeal at the admission stage, directing the authority to process and register documents unless objections are recorded as per the Act.

What did the court decide?

Directing the Registering Authority to receive, process and register the submitted documents, provided objections with reasons are not recorded in compliance with Section 71 of the Registration Act.

Sri. Devu Madhukar Reddy and 2 others Vs The State of… — Property and Title | Telangana HC (2022)

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HIGH COURT FOR I-HE STATE OF TELANGANA AT HYDERABAD (Special Original J u risdiction )

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FRIDAY THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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]'HE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY

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WRIT PETITION NO: 11818 OF 2022

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Betwecn:

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1 Srr. Devu Madhukar Reddy, S/o Raghupathr Reddy, Aged About 29 years, Occ Busrness, R/o H. No. 1-181 Turpu wadi kotnapa lle(have ti) (u rb) Kothapalli, karimnagar Telengana, 505451

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2 Sri . Kanchanpalli Prasad, S/o. K. Ramaiah, Aged About 41 years, Occ Business, R/o. PIot.No. 1-61 Chillapuram, Miryalguda, Nalgonda,-Telangana 508207

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3 G. Srinivas. S/o. G. Balaraj, Aged About 48 years, Occ Busrness. R/o Plot.no.42, Vasundara Nagar Colony, Z_ahtabad, Sangareddy District, Telengana 502220.

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...PETTTTONER(S)

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AND

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1 .l^{he State of l elangana,Repby its Pnncrpal Secretary.Stamps and} Ilegrstration Department. Secretanat, Hyderabad

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The District Registrar, Stamps and Registration, Hyderabad, Telangana State

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3 The AddJlional Sub Registrar cum M.R.O., Mogudampally, Sangareddy Drstrict. T.S.

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4 The Chief Executive Officer,, Telangana Stite Waqf Board, Nampally, Hyderabad.

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R4 is impleaded as per C.O. dt. 0510912022 in LA. No.2l2O22

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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 pass oider or orders one in the nature of Mandamus declaring the actron of Respondent No. 3 for not registering the patta land after receiving the document not registerang the sale deed which was received by hrm vide slot booking application No 21009s4064, 21009s4176, Dated 26-10-2021 vide chaitan bearing No REG210054448, REG2'100954412, with regard to the sate deed

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executed by Petitioner No 3 n favour of Petitioner No. 1 and 2 i.e the property rn Survey No. B9/AA adnreasurrng Acre 04-39 guntas in favour of the first Petrtioner situated at lVadgi Village. lvlodugampalli. Sanga Reddy District, Telangana State and also the property in Survey No 89/AA and 83/AA, admeasuring Acre 05-00 guntas in favour of the Second Petitioner situated at lVadgi Village, I\ilodugampalli, Sanga Reddy District, Telangana State is totally illegal arbitrary against the principle of natural justice and also against the provision of Registration Act 1908 and lndian Stamps Act 1989 and also against the orders passed by this Honble Court in W.P. No 30510 of 2021 Dated 26-11-2021.

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lA NO: 1 OF 2022

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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 Respondent No. 3 to registered the sale deeds rn favour of Petitioners No. 1 and 2 executed by Petitioner No.3 vide slot booking application No 2100954064, 2100954176, Dated 26- 10-2021 vide challan bearing No REG2 10054448, REG2100954412 pending disposal of this Writ Petition

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lA NO: 2 OF 2022

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Between:

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1 Sri. Devu lVladhukar Reddy, S/o. Raghupathi Reddy, Aged About 29 years, Occ Business, R/o H No^'1-181, Turpu wadi kothapalle(haveti)(urb) Kothapalli. karimnagar Telengana. 50545'1

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2 Sri Kanchanpalli Prasad, S/o. K. Ramaiah, Aged About 41 years, Occ Business, R/o Plot No.l-61, Chittapuram, Miryalguda, N algonda,^-Telangana 508207.

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3 G. Srinivas, S/o G. Balaraj, Aged About 48 years, Occ Business, R/o. Plot.no.42, Vasundara Nagar Colony, Zahtabad, Sangareddy District, Telengana 502220

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,..PETITIONERS/ PETITIONERS

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AND

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1 The State of Telangana, Rep by its Principal Secretary, Stamps and Registration Department. Secrefariat. Hyderabad.

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2 The Distrrct Regrstrar, Stamps and Registration, Hyderabad, Telangana State.

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3 The Addjlional Sub Registrar cum M.R.O., Mogudampally, Sangareddy District, T S

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,..RESPONDENTS/ ...RESPONDENTS

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4 The Chief Executive Officer,, Telangana State Waqf Board, Nampally. Hyderabad.

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R4 rs impleaded as per C O. dt.05t09t2022 in t.A No 212022

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...PROPOSED RESPONDENTS/RESPONDENTS

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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 pleased to lmplead the Proposed Respondent No.4 in the above writ petitron as well as in lAs.

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Counsel for the Petitione(s): SRI B. SANTOSH SINGH

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Counsel for the Respondent Nos. 1 to 3: Gp FOR REVENUE

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Counsel for the Respondent No. 4: SRI ABU AKRAM, SC FOR WAKF BOARD

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The Court made the following: ORDER

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) t

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TIIE HON'ttl.L Sl{l IUSTICh A.ABHISI{EK REI)DY

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\4RI'I PETI'rION No.11818 ol 2022

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ORDEII:

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Hear.l tht lt,arnerl courrscl for the petitioners ancl the learned Governmc.nt Pleacler for Revenue appearhg for the respondents. lVith their conserlt, the present \Vrit Petition^is being disposed of at the stage of aclmission

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Seeking to clirect the resl-ronclent No.3 to receive, register and release 1[p 5qlrject tlocunrt,nts L]resentec'l by the petitioners in respect of the strbject propertv situatecl at Maclgi Viilage, Modugampalli, Sanga Rectly District, Telangana State, the petitioners have filed the present Writ Petition.

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Learned Government I'leader has fairiy stated that the official respondents rvill follon, the procedure contemplated 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 SuFRegistrar refusing to register a document, excePt on the grountl that the property to which it relates is not situated within his suFdishict shall make an order o[ refusal and recorded his reasons for such order in his Book No.2, and endorse the rvorris "registration refused" on the document; and, on application made by any person executing^orr claiming

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u ndar thL.,.lo,:tr nrent, shall, rr'ithout pa)'trtclrt anLl unlleccssar) tlelrr', give him a copy of the reasons so recorded. (2) No rcgistering t,fficer shall accept for regGtration a document str enttrrsetl unltss anci until, under the provisions hcreinafter cont.rinetl, the clocurnent is directed to be registered.

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In vievv of the submission made by the learned Government Pleader coupled with the Provisions of Section^{71 of} the Act, thc lVrit Petition is disposed of clirecting^{the Registering} Authority to receive, process and register the subject^documents, subject to the petitioners complying with^the Provisions of^the Act anci Irrclian Starnp Act, 1899. It will be^oPen to^the Registering Authority to refuse to register the^documents presented before hirn, if he has any other^{objection, by duly} assigning reasons in support of such decision and^communicate the said decision to the petitioners

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The miscellaneous petitions pending, if any, shall stand

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closed. There sha11 be no order as to costs.

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To,

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SD/- N. RAJ GOPAL //TRUE COPY//^{ASSlsrArlH:GlsrRAR} SECTION OFFICER

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1 The Principal Secretary, Stamps and Registration Department, State of I elangana Secretaflat, HVderabad.

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I The District Registrar, St5mps and- Registration, Hyderabad, Telangana State. 3 The Additionat Sub Resistrar cu, M R:o : Mogti',iil;;lv. Sr"g;;""ddy^-'"'" District, T S

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4 The Chief Fxecutive Officer, Telangana State Waqf Board, Nampally, Hyderabad.

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5 One CC to SRI B SANTOSH STNGH Advocate tOpUCl

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6 Two CCs to GP FOR REVENUE, High Court foitfre Sijte of Tetangana at Hyderabad [OUTj

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7 Two CD Copies.

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B One spare copy.

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NPJ GJ

HIGH COURT

DATED:1 610912022

ORDER

WP.No.11818 of 2022

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS. c

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Sri. Devu Madhukar Reddy and 2 others v. The State of Telangana and 2 others

Case brief

What is this about?

What did the court decide?

Sri. Devu Madhukar Reddy and 2 others v. The State of Telangana and 2 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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