Allowed

Jyothi Mahesh Bhai v. State of Telangana

Telangana HC11 Feb 2022WP/3332/2022

Case brief

AI extract

What is this about?

Special Leave Petition was disposed of at the admission stage. The High Court directed respondents to receive and process the sale deed in respect of Plot No. 6, without reference to a Collector's notification, subject to statutory compliance.

What did the court decide?

Respondents directed to receive and process the sale deed without reference to the Collector's Notification, subject to statutory compliance. Miscellaneous petitions stood closed.

Jyothi Mahesh Bhai Vs State of Telangana — Property and Title | Telangana HC (2022)

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

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FRIDAY ,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION NO: 3332 OF 2022

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Between:

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Jyothi l,4ahesh Bhai, W/o.lvlahesh Bhai aged about 53 years, Occ: Housewife, R/o .H.No.'17-1-391/S/431, Singareni Colonr, Saidabad, UyOeraOiO.

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PETITIONER

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AND

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1 State of.T_elangana, rep. by its Principal Secretary, Revenue (Registration and Stamps) Department. Secretariat, Hyderabad.

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2 The District Registrar, Revenue (Registration and Stamps) Department, Ranga Reddy District.

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3 The Sub Regislrar, Rerr'enue (Registration and Stamps) Department, SRO, Shamshabad, Ranga Reddy District.

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.,.RESPONDENTS

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Petition under Ad.icle 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 a writ. order or direction more particularly one in the nature of Writ of lvlandamus declaring the action of the respondenls more particularry the 3rd respondent in orally refusing to receive and register the sale deed presented by the petitioner in respect of land bearing plot No.6, admeasuring 25S sq. yards, under Sy.No.103/18, situated at Sree Dharmagiri, Shamshabad Village and Mandal, Ranga Reddy District, on lhe ground of issuance of the Notification dated.26.09.20.13 by the District collector, Ranga Reddy District, as i egal, arbitrary, unjust, unconstitutional, violation of principles of natural justice and also contrary to the provisions of Registration Act, 1908, and consequenfly direct the respondents 2 and 3 receive, register and release the sale deed presented by the petitioner in respect of subject land without reference to the Notification dated.26.09.2013 issued by the District Collector, Ranga Reddy District.

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lA NO: 1 OF 2022

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Petition under S( ction 151 CPC^praying that in the^{circumstanceSstated in} the affidavit filed in sup^)ort of lhe^petition, the^{High Court may be pleased to direct} the respondents 2 and to receive, register and^release the^{saledeed presented by} the^petitioner in respecl of land bearing Plot^{No.6,admeasuring 255 sq. yards, under} Sy.No.103/18, situated )t Sree Dharmagiri, Shamshabad^{Village and Mandal, Ranga} Reddy Dislrict, without^'eference to the Notification dated.26,09.20'13 issued^{by the} District Collector, Rang r Reddy Dislrict,^pending disposal of the writ^petition.

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Counsel for the Petitic rer : SRl. MOHD. MOIN AHMED QUAORI

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Counsel for the Respc ldents : GP FOR REVENUE

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The Court at the stage of admission following : ORDER

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THE HONOURABLE^{SRI JUSTICE B'VIJAYSENREDDY}

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I I

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ION No.3^{332 of 2022}

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ORDER:

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Heard^the iearned^{counsel for the petitioner and the} Iearned^{Government Pleader for Revenuefor the respondents'} With their^{consent,the Writ Petitionis disposed of at thestage} of admission.

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The learned^{counselfor petitioner submits that the issue} 2, raisedinthiswritpetitionissquarelycoveredbytheorder passed by^{this Courtin W'P'No' 15117ol 2021daledT '7 '2027'}

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ln^{view of the same' this writ petition is disposed of'} directing^{the Respondents-RegisteringAuthorities to receive and} process the^{sale deed presented by the petitionerin respect of} PlotNo.6admeasuring255sq.yardsinSy.No.l03/lSSituated at Sree^{Dharmagtrt,Shamshabadvillageand mandal'Ranga} Reddy district^{without reference to the Notification dated} 26.9.2073^{issuedby the DistrictCollector' Ranga Reddy} district,subjecttothepetitionercomplyingwiththeprovisions of the^{RegistrationAct, l9O8' and IndianStampAct' 1899' It} will be^{open to the Registering Authority to refuse/receivethe} document^{presented before him' if he has any other objection'} by duly^{assigning reasons in support of such decisionand} communicate^{the said decisionto the petitioner' The} miscellaneouspetitionspending,ifany,shallstandclosed. There^{shall be no order as to costs'}