Allowed

Sri. Vuthapala Vijay Kumar v. The State of Telangana and 3 others

Telangana HC26 Sept 2022WP/15489/2022

Case brief

AI extract

What is this about?

A writ petition for mandamus to compel the sub-registrar to receive, register, and release a sale deed was disposed of. The court directed the registering authority to register the document subject to compliance with the Registration Act and Stamp Act, noting objections could be raised later with recorded reasons.

What did the court decide?

Directed the Registering Authority to receive, register and release the impugned sale deed, subject to the petitioner complying with the Registration Act and Indian Stamp Act, 1959.

Sri. Vuthapala Vijay Kumar Vs The State of… — Writ and Judicial Review | Telangana HC (2022)

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

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MONDAY ,THE TWENTY SIXTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HON'BLE SRI JUSTICE A.ABHISHEK REDDY

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WRIT PETITION NO:^'15489 OF 2022

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Between:

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Sri. Vuthapala Vijay Kumar, S/o. Sri.Vuthapala Rama Rao Aged .40 Years, Occ- Pvt Job, No.29-13821119, SamathaNagar, Near Anand^rice lvlill, Neredmet, Malkajgiri , State of Telangana .

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...'ET.T,ONER

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AND

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1 The State of Telangana, Rep by its Secretary, Revenue (Stamps and registration) Department, Secretariat, Hyderabad.

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2 The District Registrar, Medchal Malkajgiri District.

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? 3 The Sub-Registrar, Malkajgiri, Medchal- Malkajgiri District.

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4t The Telangana State Wakf Board, Nampally, Hyderabad,., rep by its chairman"

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...RESP.NDENTS

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Petition under Article 226 of the Constitution of lndia^prayinq that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ , Order or direction more particularly one in the nature of Writ of Mandamus, to declare the action of the respondents, particularly the 3rd respondent in refusing to receive, to register the Sale deed in respect of residential House bearing No.29-13821211^'1 8, on plot 1 18 in part of Survey No.289, 250, 292,293, 294 and full survey Nos.291,306 309, land admeasuring 200.00 Sq Yrds or 167.20 Sq Mtrs Situated at Samathanagar, Neredmet, Malkajgiri, the then Malkajgiri Municipality, now under GHMC, Malkajgiri Circle and N4andal, Medchal-Malkajgiri District as illegal, arbitrary, against the provisions of Registration Act and against the settled Principle of law and consequently direct the 3rd respondent to receive, to register the sale deed including to release the sale deed in respect of residential house bearing No.29-1382 121118, on plot 118 in part of Survey No.289, 29O, 292,293,294 and full survey Nos.291 ,306 and 309, land admeasuring 200.0 Sq Yrds or 167.20 Sq Mtrs Situated at Samathanagar, Neredmet, t\4alkajgiri, the then Arlalkajgin

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Municipality, now un Jer GHMC, Malkajgiri Circle and [,,4andal, l,4ec chal-Ma lkajgiri District in the interes t of Justice.

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lA NO: 1 OF 2022

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Petition unde Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Ccurt may be pleased direct the 3rd respo tdent to forthwith to receive, to reqister, including 1o release the sale deed in respect of residential house bearing No.29. 1382 121118, on plot 118 in part of Surv ry No.289, 29O,292, 293,294 and full surve,y Nos.291,306 and 309, land adr teasuring 200.0 Sq Yrds or 167.20 S;q M:rs Situated at Samathanagar, Ner:dmet, Malkajgiri, the then Malkajgiri IVunicipality, now under GHMC, Malkajgiri C rcle and Mandal, Medchal-Malkajgiri District ir.r the interest of Justice.

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Counsel for the Pel itioner: SRI V. K. SHIVA SHANKAR Counsel for the Re:;pondent Nos.1 to 3: GP FOR REVENUE €ounsel for the Re:;pondent No.4: SRI ABU AKRAM, SC FC)R WAKF BOARD

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Thb Court made thc following: ORDER

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/ ('

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THE HON'BLE SRI JUSTICE A.ABHISHlIK REDDY

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WRIT PETITION No.15489 of 2022

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ORDER:

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Heard the learnecl counsel for the petitiorrer and the leamed Government Pleader for Revenue apprearing for the respondent Nos.1 to 3 and the lcarned Standing Counsel appearing for the respondent No.4. With their consent, the present Writ Petition is being disposed of a t the stage of admission.

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Seeking to direct the responclent No.3 to receive, register and release the subject clocument presentecl by tl-re petitioner in respect of the subject propertv situaterl at Samathanagar, Neredmet, Malkajgiri, tl.re tl.ren Malkajgiri Municipalily, nsvT under GHMC, Malkajgiri Circlc and Mar.rrlal, Meclcl.ral-Malkajgiri District, the petitioner has filecl the present Writ I']etition

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kamed Government Pleader has fairly stated that the official respondents u,ill follon' tl-re Lrrocedurc' contemplated under Section 71 of tl.re Registration Act, 1908 (for short,^'the Ac().

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Section 71 of the Act reacls ars follol's:

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I I

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Reasons for rcfusal to register to be recorcletl. -

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(1) Every Sub-Registrar reiusilg to register .r docuorcnt, exccpt on the ground that the property to \r'hiclt it relates is not

,l'-I

sit rated within his sub-clistrict shall make an order of refusal an I recorded his reasons for such order in his Book IJo.2, and cn lorse the worcis "registrahon refused" on the documenU an l, on application made by any person executing or claimilg un ler the dtxument, shall. without paymcnt and unrecessary rle ry, give him a copy of the reasons so recorded.

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(2) Nc registerirrg officer shall accept for registration a drcument so, rrdorsetl unless and until, under the provisions herehaJter cor [ainqd, the clocument is r.lirected to be registered.

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In /i{ iv of thi, submission made by the learned Governrncnt I'leader couplec{ with the provisions ol Sechon 71 of the Act, tht IVnt Pctitior-r is clisposed of directing the Registering Authoritv to recr:ivc, register and release the subject document, subjcct to the pt titioncr complying with the provisi(,ns of the Act and Indian S arnp Act, 1t199. It will be open to th,: Registering Authority to reiust' t() rcgister the document presenteci before him, if he ha: any othcr obiectiorr, by duly assignlr g rqasons in support oi su h clecision and communicate the sai([ decision to the petitior-rer.

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The rni,t-t'llaneous pctitions pending, if any, shall stand

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closcd. Thcre ;hall be no order as to costs.

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SD/.I. NAGA DEI)IJTY RE G RAR ,TRUE COPY// S ECTION OFFICER

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To, l.TheSecretary,flevenue(Stampsandregistration)Departrrent'Stateof Telanoana. Secr etariat,^Hyderabad. 2. The District Reg strar^{Medchal Malkalgiri District'} - g. fh" srb-n"gisir ar. Malkajgirr, Ivtedchal- Malkajgiri District' \ +. fne cnait"nin,^- etangani"State^{Wakf Board,N-ampall-y,Hyderabad'} d. On; CC to sri^{t . K. Sniva Shankar, Advocate[OPUC]} - O. f*o CCs to GP^{or Revenue,HighCourl for the State of Telangana} at Hvderabad J(^tUTl

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One'CC to^{Sri A ;u Akram, SC for Wakf Board,[OPUC]}

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Two CD CoPies

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One SPare^CoPl Srr GJP *.V

HIGH COURT

DATED:2610912022

ORDER

1[ ,r11

WPrNo.15489 of 2Oi 2

DISPOSING OF THI: WP WITHOUT COSTS sxs*

Sri. Vuthapala Vijay Kumar v. The State of Telangana and 3 others

Case brief

What is this about?

What did the court decide?

Sri. Vuthapala Vijay Kumar v. The State of Telangana and 3 others

Case brief

What is this about?

What did the court decide?

What the court decided

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