Disposed

M/s. M.S. Happy Tomorrow Infra and 2 others v. The State of Telangana and 2 others

Telangana HC25 Apr 2022WP/14690/2022

Case brief

AI extract

What is this about?

This order in a writ petition directed the registering authority to receive and process a sale deed. The court held that the authority must follow due procedure under the Registration Act. The petition was disposed of with directions to comply with statutory provisions for refusal if any objection exists.

What did the court decide?

Direction to accept and process the sale deed, subject to complying with the Registration Act and Stamp Act.

M/s. M.S. Happy Tomorrow Infra and 2 others Vs The… — Property and Title | Telangana HC (2022)

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[³²⁵⁵ I

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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IV1ONDAY ,THE TWENTY FIFTH 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: 14690 OF 2022 / ,,-

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Between:

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M/s. M.S. Happy Tomorrow lnfra, Rep by its Proprietor [t4r. Edrees Rahil S/o Mohpmmed Ghouse, Occ Business, R/o.H.No.10-5-4/44, First floor, Flat 102, Hiltdn Court yard complex, Masab Tank, Hyderabad.

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Abdul Sattar Khan, S/o. lt/ohammed Khan, Occ Business, R/o.H.No.14-12l1, Gandhi Nagar Colony, Faroognagar mandal, Sgadnagar, T.S.

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Abdul Wahab Khan, S/o. Mohammed Khan, Occ Business, R/o.H.No.3-5786121lC, Sher gate, King Koti, Hyderabad, T.S.

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...Petitioners

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AND

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The State of Telangana, Rep. by its Principle Secretary, Revenue (Stamps and Registration) Department, Secretarrat Buildings, Hyderabad

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The Commissioner and lnspector General Of Registration and Stamps, Telangana State

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The Sub-Registrar, Golconda, Hyderabad District

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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 Wrrt, Order or Direction more particularly one in the nature of Writ of [Vandamus declaring the action of the 3ro Respondent herein refusing to receive, register and release the sale deed presented by the Petitioners in respect of Flat No 401 to an extent of 1220 Sq.ft along with undivided share of 22.06 Sq. yards blong with^'1 00'sq.ft car parking on House bearing Municipal No 9-4-'1 35 of Happy Nest Tolichowki, situated at Tolichowki, Shaikpet village, Golconda Mandal, Hyderabad District on the ground that the proceeding No. G2l257l2o1g dated 26-08-2020 issued by the 2nd Respondent is wholly illegal, arbitrary and contrary to the^provisions of the Registration Act and consequently direct the 3'd Respondent herein to receive, register and release the sale deed presented by the Petitioners herein in respect of Flat No 401 to an extent of 1220 Sq.ft along with undivided share of 22.06 Sq. yards along with 100 sq.ft car

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parking on Hous bearing [Vlunicipal No 9-4-1 35 of Fappy Nest Tolichowki, situated at Tolichc vki, Shaikpet village, Golconda Mandal, Hyderabad District;

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lA NO: 1 OF 21it2

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Petition unc :r Section 151 CPC praying that in the circurnstances stated in the affidavit filed 'r support of the petition, the High Ccurt rray be pleased to direct the 3'd res ,ondent herein to receive, register and release the sale deed presented by the 'etitioner^{in respect of Flat No40 1 to an extent of 1220 Sq.ft} along with und ivid d share of 22.00 Sq. yards along with 100 sq.ft car parking on House bearing IV rnicipal No 9-4-"1 35 of Happy Nest Tolichowki, situated at Tolichowki, Shaik ret village, Golconda Mandal, Hyderabad District pending disposal of Writ Pt .ition,

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Counsel for the P, titioner(s):SRl. MD ABUBAKER BIN Al{MEC,

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Counsel for the R spondents: GP FOR REVENUE

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The Court made tl e following:

ORDER:, "'

I ,

HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITION.No.14690 OF 2022

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ORDER:

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I Ieard both siclt-s ancl pcrused the n-raterial on record,

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I t is submitted by the lealnecl counsel for the petitioner that

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subject mattcr of tl-ris Writ Petition is squarely covered by the order passed by this Court in W.P.No.34179 of 2021., dated 16.12.2021. The sarne is not disputed by the learned Government Pleader for Revenue.

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Learned Government pleader has fairly stated that the official responclents will follow the procedure contemplated under Section 71 of the llegistration Act, 1908.

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Sectiorr 71 of the Registration Acl, 1908 (for short^'the Act') reads as follows:

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Reasons for refusal to legister to bc recordcd. -

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(1) Every Sub-Rcgistrar refusir.rg to register a document, cxcept on tl-re grouncl that the property to which it relates is not situated within his sub-district shall nrake an order of refusal and recordeci his reasons for such order in his Book No.2, and endorse the words "regishation refused" on the document; and, on application made by any person executing or claiming under the document, shall, without payment and unnecessary delay, give ['rim a copy of the reasons so recorded.

(2) No egistering officer shall accept fol registration a documer so endorsed unless and until, unrler the provisions hereinaft^,r contained, the document is r'lileclerl to be registere

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In '"'ic'n of the above submissions made by botJi the parties coupled ,.ith he provision of Section 71 of the Ilegislratlon Act, 1908. The Writ Pcti ion is disposed of directing the Regisleling Authority to receive and rocess the subject document, subjec'. to :he petitioner complying n,j l.r the provisions of the indian Registration \ct, 1908, ancl Indian Stanrp Act, 1899. It will bc open to the Rcgistclinlt Authoritv to refuse/receiv the tlocument presented before him, if he has anv other objection, l,v duly assigning reasons in supprort o[ sLrch rlccision anrl communica te the saicl clecisiorr to the petitior-ret

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Conse< uently, miscellaneous petitions pent1in;3, if any, p'rgnLlillg i11 this writ p{}ti on shall stand closed.

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//TRUE COPY//

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SC/. T. KRISHNA KUMAR ASSIST,ANT REGISTRAR

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SECTION OFFICER

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To,

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The:Princ )le Secretary, Revenue^(Stamps and^{Re(,istration) Department,} Secretarii : Buildings, State of Telangana, Hyderabad

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The Com rissionei and lnspector General Of Registration and^Stamps, Te lang a n State

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The Sublegistrar, Golconda, Hyderabad District 4. One CC t , Sli Md Abubaker Bin Ahmed Advocate [oPUC] 5. Two CCs o GP For Revenue, High Court^{for the Statecf Telangana} [OUT] 6. Two CD⁽ opies

HIGH COUR''

NVSKJ

DATED:2510 t12022

a<br>F=,-
)
J!.
al

ORDER

WP.No.1469 ) of 2022

WRIT PETTI ION IS DISPOSED

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OF WTI]HC)UT COSTS

M/s. M.S. Happy Tomorrow Infra and 2 others v. The State of Telangana and 2 others

Case brief

What is this about?

What did the court decide?

M/s. M.S. Happy Tomorrow Infra 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

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