Disposed

Sri Mohan Lal v. The State of Telangana

Telangana HC28 Apr 2022WP/13731/2022

Case brief

AI extract

What is this about?

In a writ petition, the High Court disposed of a challenge to the requirement of a Non-objection Certificate for property registration. The court directed the Sub-Registrar to process the document subject to compliance with the Registration Act and Stamp Act.

What did the court decide?

Direction to follow procedure under Section 71 of Registration Act, 1908; Writ Petition dismissed subject to statutory compliance.

Sri Mohan Lal Vs The State of Telangana — Property and Title | Telangana HC (2022)

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I I

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Origirul JurMictlon)

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THURSDAY ,THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITION NO: 13731 OF 2022

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Between

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Sri lVohan Lal, S/o Bhaga Ram, Aged about 30 Years, Occ. Business,^Rl/o. H.No.37-73, Jagathgiri Gutta Last Bus stop, Near lnidra Gandhi Statue, Quthbullapur [t4andal. Medchal-tvlalka.jigiri District, 500055.

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...PETITIONER

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AND

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1 The State of Telangana, Represented by its Principal Secretary,^(Revenue Department), Secretariat, Hyderabad.

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2 The District Collector, Ranga Reddy District At Lakdikapool, Hyderabad.

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The District Registrar, Ranga Reddy District,

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4 The Sub- Registrar, Ranga Reddy At Kukatpally, Ranga Reddy District

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia^praying thatⁱⁿ the circumstances stated in the affidavit filed therewith, the High Court^{may be} pleased to issue an appropriate writ, order or direction and more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondentⁱⁿ not receiving, processing, registering and releasing the sale deed document of the petitioner with regard to^plot No.235/1 , admeasuring 200 Sq.^Yards ,ⁱⁿ Survey No.78 to 93, situated at Raja Rajeshwara^Nagar, of^{Kondapur village,} Serlingampally lvlandal, Raga ReddyDistrict, for insisting the^No-objection certificate from the District Collector, Ranga Reddy^{District through the said} Sy. No is not in^prohibitory list as arbitrary, illegal ,^{Null and void and violativeof} the Article 14, 19,21 and 300-,4 of the Constitution of^{lndia andconsequently} direct the respondent No.4 to receive,^process, register and^{release the sale deed} document of the petitioner with regard to^plot No.235/1 , admeasuring^{250 Sq.} Yards. in Survey No.7B to 93, situated at Raja Rajeshwara^{Nagar, of Kondapur} village, Serlingampally Mandal, Raga Reddy District without^{insistingfor no-}

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objection certificate from the District Collector. Ranga Reddy District through it is not in prohibitory list.

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lA NO:^'f 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 the respondent No.4 to receive, process, register and release the sale deed document of the petitioner with regard to plot No.235/1 , admeasuring 250 Sq. Yards , in Survey No.78 to 93, situated at Raja Rajeshwara Nagar, of Kondapur village, Serlingampally Mandal, Raga Reddy District without insisting for noobjection certificate from the District Collector, Ranga Reddy District.

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Coursel for the Petitioner:SRl. GOVIND REDDY KONTHAM

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Counsel for the Respolrffi: GP FOR REVENUE

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The Court made the following: ORDER

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HONOURABLE SRI JUSTICE^{N.V.SHRAVANKUMAR}

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WRIT PETITION.No.^{1373L OF 2022}

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ORDER:

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Heard both sides and^{perused the material on record'}

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Learned Government^{pleader has fairly stated that the official} respondents will foliow^{the procedure contemPlatedunder section71 of} the Registration^{Act, I908.}

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Section 71' oI the^{Registration Act, 1908 (for short'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 document} except on the ground^{that the} Property^{to which it relatesis} not situated within^{his sub-districtshall make ar orderof} refusal and recorded^{his reasonsfor such orderin hisBook} No.2, and endorse the^{words "registration refused"on the} document; and, on application^{made by any person executing} or claiming under the^{document, shall, withoutpaymentand} unnecessary delay,^{give him a copy of the reasons so} recorded.

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(2) No legistering officer^{shall accept for registrationa} document so endorsed^{unless and until,under the provisions} hereilafter contained, the^{document isdirected tobe} registered.

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In view of the above submissions made by both the parties coupled with the provision of Section 71 of the Registration^{Act, 190&} the Writ Petition is disposed of directing the respondent^{No.4to receive} and process the subject document, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian to Stamps Act,, 1899. It will be open to the Registerinl5 Authority refuse/receive the document presented before him, if he has ary other objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner.

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Consequently, miscellaneous petitions pending, if any, pending in

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this writ petition shall stand closed

SD/-K.SAILESHI

ASSISTANT REGISTRAR

,TRUE COPY'

SECTION OFFICER

To, 1. The Principal^{Secretary, (Revenue Department), State of Telangana,} Secretariat, Hyderabad. 2. ih; Dl;ffii C6ire.i"r,^{Ranga Reddv District At Lakdikapool' Hvderabad}

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The District^{Registrar, Ranga Reddy District,} ;. ii;; Si,6-^{Resis"trar,Ransa-ReddvAt-K9!91P9!ly,Ransa Reddvoistrict} s. o"" cCto^{-sht. covtttdREDDV KoNTHAMAdvoc-ate to?lql} 6. iil CCs to Gp FoR^{REVENUE,H|gh Court for the State of Telangana'} tourl

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Two CD CoPies.

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B. One Spare^CoPY. GB BS \ V

I l

HIGH COURT

DATED:2810412022

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L. CSFP IC,E

ORDER

WP.No.1373'l of 2022

DISPOSING OF THE WP

WITHOUT COSTS.

?<br>

Sri Mohan Lal v. The State of Telangana

Case brief

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Sri Mohan Lal v. The State of Telangana

Case brief

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