Allowed

Smt. Shaheen v. The State of Telangana

Telangana HC26 Sept 2022WP/37055/2022

Case brief

AI extract

What is this about?

In this writ petition, the petitioner sought a mandatory direction under Article 226 for the Sub-Registrar to register a gift deed without requiring a No-Objection Certificate from the Wakf Board. The High Court disposed of the petition, directing the Registering Authority to receive, process, and register the document while complying with the Act and Stamp Act.

What did the court decide?

Recipient authority directed to receive, process and register the subject document subject to statutory compliance and payment of fees.

Smt. Shaheen Vs The 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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MONDAY ,THE TWENTY SIXTH DAY OF SEPTEI/BER 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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Between:

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WRIT PETITION NO: 37055 0F 2022

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Smt.rlo.4^{^ S_haheen,V,,llo.Afzalpasha, Aged about45 years, Occ_ Housewife,} 3-2g\l4, Hanuman Nagar, t\rloula-51i, Ir4alkajigiri_[4'edcnil olstrict.

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...PETITIONER

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AND

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1 The state of rerangana, represented by its principar secretary (stamps and Registrations), Secretariat, Hvderabad'

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The Sub-Registrar, Malkajigiri Mlakaiioiri/tvedchal District.

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J. .r.he Ierangana state walkf Board. rep. By its chief Executive officer, Huz House, Nampally, Hyderabad.

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...RESPONDENTS

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Petition under Article 226 of rhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ or order or direction more particularly in the nature writ of mandamus declare the in action of the Respondents 2nd not receiving the document presented by the petitioner for the property bearing No. 43-29gt4, PTI No.^'128550060 1 consisting of four rooms with a plinth area of 400 sq.ft of RCC on Plot No.4, in survey No.4O9, to an extent of 150 sq.yards or 125.6 sq.mtrs in survey No.409 situated at Krishna Nagar, Hanuman Nagar, Near R.T.c.colony, Moula-ari, under GHMC of rvarkaigiri circre and Mandar, Malkajigiri-Medchal District the then Ranga Reddy District is illegal, arbitrary and against to the provisions of law and contrary rights guaranteed under 300 -A of constitutional of India and consequenrly direct the 2nd Respondent to entertain the registration of the gift deed, to receive, process, register and release the gift deed presented by the petitioner without insisting no-objection certificate (Noc) from the 3rd Respondent.

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IA NO: 10F 2022

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Petition under section 151 CPC praying that in the circumstances stated in the affidavit fired rn support of the petition, the High court may be preased to direct the Respondent NO.2"d herein to consider documents filed by the petitioner herein for the property bearing No. 43-298/4, pTt No 1285500601 consisting of four rooms with a plinth area of 400 sq-ft of Rcc on prot No. 4, in survey No.409, to an extent of 150 sq.yards or 125.6 sq.mtrs in survey No.409 situated at Krishna Nagar, Hanuman Nagar, Near R.T.C.Colony, fvloula-ali, under GHMC of Markaigiri circre and Mandar, Markajigiri-Medchar District the then Ranga Reddy District in favour of my done. Counset for the petitionel: 9ll D|N_TU VENKATA RAMANA SARMA Counsel for the Resoondent Nos 1 & 2: Gp FOR REVENUE counset for the Respondent No.3: snieau'iiRAir, "a^{,o^ WAKF B.ARD}

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The Court made the following: ORDER

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t 1

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I i

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TTIE HON'TJLE SRI JUS'TICE A. AIJIIISHEK RLDDY

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WRIT PETITION No.37055 of 2022

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ORDER:

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Heard the learned counsel for the petitioner, the learned Government Pleader for Revenue appearing for the respondent Nos. 1 and 2 and the learned Standing Counsel for responcient No.3. With their consent, the present Writ petition is being disposed of at the stage of admission.

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Seeking to direct the respondent No.2 to receive, register and release the document presented by the petitioner in respect of the subject property situated at Krishna Nagar, Hanuman Nagar, Near R.T.C. Colony, Moula-Ali, under G.H.M.C. of Malkajgiri Circle and Mandal, Medchal-Malkajgiri Disrrict, the petitioner has filed the present Writ Petition.

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Learned Government Pleader has fairly stated that the official respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908 (fort short,^,the I Act').1

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Section 77 of the Act reads as follows:

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" Reasons for refusnl to register to be recordetl. -

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(1) Eaery Sub-Registrar refttsittg to register a docutncnt, ercept on tlu ground that the proryrt! to tthich it relates is not situated trithin his sub-district shall nnkt an ortbr of refusnl

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n i rcrcrd('t! his retsons |or such order in fiis Book \b.2, rllrl t'ndorst tlrt tL,ords^{"registrntion} refused" on tlrc docttttu'nt; rttrl, on tp1tlicntiLtn nnde lty ury ltersrlr exearting or chimitg rrnrler tlu, dtttttnertt, slnll, tL,itlnut ptynvnt nnd u n?c(sstt1/ dtltrl, gn,e him t coyty of tfu rensons so recorLled.

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(2) No rt:giste.ing oficer slall accept for registration n docunrt:rrt so ertdorstd unless and until, under the proztisions lereinnfh'r rottnined, tlv docuruent is directed to be registered."

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ln vielv of the submission made by the learned

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Government Pleader coupled with the provisions of Section 71 of the Act, the \'rit Petition is disposed of directing the Registering Authoritv to receive, process and register the subject document, subject to the petitioner complying with the provisions of the Act and Indian Stamp Act, 1899. It will be open to the Registering Authority to i:efuse to register the document presented before him, if he h.rs any other objection, by duly assigning reasons in support of such decision and communicate the said decision to

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the petitioner

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The miscellaneous petitions pending, if any, shall stand

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closed. There shall be noorder asla.osts

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shall be noorder asla.ostsbe noorder asla.ostsnoorder asla.ostsasla.osts i I SD/.I.NAGALAKSHMI DEPUTY REGISTRAR '. ',\t'\l L ,TRUE COPY// SECTION OFFICER

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To, 1. The Principal Secretary (Stamps and Registrations), State of Telangana, Secretariat, Hyderabad

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2 The Sub-Registrar, Malkajigiri, Mlakajigiri/Medchal District. The Chief Executive Officer, Telangana State Walkf Board, Huz House, Nampally, Hyderabad.

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4 One CC to Sri Dantu Venkata Ramana Sarma, Advocate [OPUC] Two CCs to GP for Revenue, High Court for the State of Telangana

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at Hyderabad [OUT]

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6 One CC to Sri Abu Akram, SC for^Wakf Board [OPUC]

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7 Two CD CoPies

HIGH COURT

DAIED:2610912022

ORDER

WP.No.37055 of 2022

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DISPOSING OF THE WP WITHOUT COSTS

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-t. ),- <br>c-,

Smt. Shaheen v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Smt. Shaheen v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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