Disposed

Smt. Bagireddygari Sunitha Reddy v. The State of Telangana

Telangana HC20 Sept 2022WP/17980/2022

Case brief

AI extract

What is this about?

Petitioner sought court direction to register and release gift deeds for property in Medak District under Article 226 of the Constitution. The court, with respondents' consent, disposed of the writ petition directing registration subject to compliance with statutory provisions.

What did the court decide?

Directing the registering authority to receive, process, and register the gift deeds, subject to the petitioner complying with the Registration Act and Indian Stamp Act.

Smt. Bagireddygari Sunitha Reddy Vs The State of Telangana — Land Acquisition | Telangana HC (2022)

¶1

HIGH COURT FOR^{THE STATEOF TELANGANA AT HYDERABAD} ' -' iSpeciat Original Jurisdiction)

¶2

TUESDAY ,THE^{TWENTIETHDAYOF SEPTEIVIBER} TWO THOUSAND^{AND TWENTY TWO}

¶3

PRESENT

¶4

THE HONOURABLE^{SRIJUSTICEA.ABHISHEKREDDY}

¶5

WRIT PE^{TITIONNO:17980 0F 2022}

¶6

Between:

¶7

Smt. Baqireddygari^{Sunitha Reddy, D/oAnthi ReddygariVittal Reddy W/o B'} -Business nycjVitta No'3' SARK oNE' srrhash Reddv. Aqed oo veri.,"6ti, lrlokila, Ranga^{Reddy District.501 203}

¶8

...PETITIONER

¶9

AND

¶10

The State^{of Telangana, Rep by its Principal Secretary' Department of}

¶11

' i;;;;C"gistrat"ions becietariat Build ings' Hvderabad'

¶12

The District^{Collector, Medak District Medak'}

¶13

The District^{Registrar, Medak District} '^{Sanga Reddy}

¶14

The Sub-Registrar,^{Medak(SRO) Medak District'}

¶15

...RESPONDENTS

¶16

PetitionunderArticle226oftheConstitutionoflndiaprayingthatinthe circumstancesStatedintnearriaavitfiledtherewith,theHighCourtmaybe pleased to issue a^{writ oroer oi direction more particularlyone in the natureof} fuCrf of MANDAMUS/^{Jeclaring the actionof the respondentNo'4 in-not} i"gi.t"ring,^{and releasing in" f*Jeiftdeeds P'No' 8212019and P'No' 83/2019} vide Lr. No.^{21312019oatia-Zllltzotgin favorof the petitioner} ln P:p:cl.9l^the Uor." U"rring^{No. 1-12-26t111, Forming part of Sy'No' 145 of Medak Village'} S',t;;t"J at T"eacners^{colony, Medak, Medak Revenue Mandal'Medak district} ,nJ"i-ftfeAaf,^{Municipality, admeasuring726Sq Yards andequivalentto 607'03} ,q.fuftr. and^{429 Sq. yaiOsequivalent to- 358'69..Sq Meters'is illegalarbitrary'} .""it".V to^{the provision, of St,.pt and RegistrationAct and as well as violation} of Fundamental^rights fuaranteed^{Under the constitutionoflndia and} consequently^{direct ihe reipondents3 and 4lo registerand releasethe a.bove} dift Deeds *ni"'r,^{ar" pendingbefore the 4th respondent forthwith} ;;iJt;" pending Gift Deed forthwith.

¶17

IA NO :1 OF²⁰²²

¶18

PetitionunderSectionl5lCPCprayingthatinthecircumstancesStatedin theaffidavitfiledinsupportofthepetition,m"Higl.'Courtmaybepleasedtodirect

¶19

the Respondents Nos.3 and 4 to register and release the Two Gift Deeds document P.No. 8212019 and P.No. 8312019 vide Lr. No. 21312019 dated 211112019 in favor of the petitioner in respect of the House bearing No. 1-1 2- 261111, F orming part of Sy.No. 145 of Medak village, Situated at Teachers colony, Medak, lVledak Revenue Mandal, Medak district under Medak Municipality, admeasuring 726 Sq.Yards and equivalent to 607.03 sq.Mtrs and 429 Sq.^yards equivalent to 358.69 Sq.lvleters, in favour of^petitioner forthwith^pending disposal of the main Writ^petition.

¶20

Counsel for the Petitioner:SRt. N.MUKUND REDDY

¶21

Counsel for the Respondents: GP FOR REVENUE

¶22

The Court made the following: ORDER

¶23

THE HON'riLE sRI JUSTICE A.ABI{tSHEK r(EDDy

¶24

WRIT PITITI ()N No.17980 of 2O22

¶25

ORDER:

¶26

Heard the learned counsel for the petitioner and the lealned Government Pleader for Revenue appearing for the respondents. With their consent, the present Writ petition is being disposed of at the stage of admission.

¶27

Seeking to direct the respondent No.4 to register and release the documents presented by the petitioner in respect of the subject property situated at Teachers Colony, Medak, Medak Village and Mandal, Medak District, the petitioner has filed the present Writ Petition.

¶28

Learned Government pleader has fairly stated that the official respondents will follow the procedure contemplated under Section 71 of the Registration Act, 190g (fort short, .the Act').

¶29

Section 71 of the Act reads as follows:

¶30

"Reasons fur refusal to register to be recorded. _

¶31

(1) Eztery Suh-Registrnr relusing to register a document, except on the ground tlnt tlrc property to ultich it rehtes is not situnted uitltin his sub-district slurll nnke nn order of refusal and recorded lis reasons for suclt order in lis tsook No.2, and entlorsc the words " registration refuxd,, ot1 tlle docunant;

¶32

¶33

¶34

and, on npplication made hl any persofi executing or claining

¶35

un(.ler tlv docuntent, shalL, toithout payntettt tnd unnecessary dt:lay, gitte lim a copy of tle rensons so recorded. (2) No regtstcing offcer shall accept fu registratiotl a document so endorsed. unltss and until, under the prooisions herehafter contained, tlv docunrcnt is tlirected to lrc registered."

¶36

In view of the submission made by the learned Governmcnt Plcader coupled with the provisions of Section 71 of the Act, the Writ Petition is disposed of directing the Registering Authority to reccive, process and register the subject documents, subject to the pctitioner complying with the provisions of the Act and Indian Stamp Act, 1899. It will be open to the Registering Authoritv to refusc to register the documents presented before him, if hc has any other objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner

¶37

The miscellaneous petitions pending, if any, shall stand

¶38

closed. There shall be no order as to costs

¶39

¶40

SD/. MOHD.SANAULLAH ANSARI ASSISTANT REGIST

,TRUE COPY//

SECTI OFFICER

To,

1 . The Principal Secretary, Department of Revenue Registrations, State of Telangana, Secretariat Buildings, Hyderabad. 2. The District Collector, Medak District Medak.

¶46

The District Registrar, Medak District , Sanga Reddy

¶47

The Sub-Registrar, Medak (SRO) Medak District.

¶48

One CC to SRl. N.MUKUND REDDY Advocate [OPUC]

¶49

Two CCs to GP FOR REVENUE,H|gh Court for the State of Telangana, lourl

¶50

7- Two CD Copies.

¶51

One Spare Copy. GB PS

¶52

".--

¶53

HIGH COURT DATED:2010912022

¶54

ORDER

¶55

WP.No.17980 of 2022

¶56

{r\ E STAIA
( ^N
0 f, iiil\l ?[?7.
.\ *

¶57

DISPOSING OF THE WP WITHOUT COSTS.

Smt. Bagireddygari Sunitha Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Smt. Bagireddygari Sunitha Reddy v. The State of Telangana

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

Coram

Case details

Similar cases

Gunnam Venkateswar Rao and 4 Others Vs The State of Telangana and 6 Others

Sri. M. Balaiah Vs The State of Telengana and 5 Others

Mrs. Viqar Unnissa and 2 Others Vs The State of Telangana and 3 Others

Gajjela Krishna Murty Vs The State of Telangana

Auth Sign.,M/S. Sushee Hitech-Prasad-Ncc Mytas Jv, Hyderabad Vs Cheif Secy, State of Telangana, Hyderabad and 5 Others

Sri. Edla Naveen Kumar Vs The State of Telangana and 3others