Chintala Satyanarayana v. The State of Telangana

Telangana HC27 Sept 2022WP/37258/2022

Case brief

AI extract

What is this about?

The Telangana High Court disposed of a writ petition seeking relief against the refusal to register a document (Gift/Sale Deed) by the Sub-Registrar. The court directed the registering authority to receive and register the document, subject to compliance with the Registration Act and Indian Stamp Act, rather than insisting on a No Objection Certificate from the Wakf Board, based on submissions reg

What did the court decide?

Directing the registering authority to receive, register and release the subject document presented by the petitioners, subject to compliance with the Act and Stamp Act.

Chintala Satyanarayana Vs The State of… — Pension and Retirement Benefits | Telangana HC (2022)

¶1

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

¶2

TUESDAY, THE TWENTY SEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO

¶3

PRESENT

¶4

THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY

¶5

WRIT PETITION NO: 37258 OF 2022

¶6

Between:

¶7

Chintala Satyanarayana, Aged about 53 Years, S/o. C.M Narasimha, Occ . Pvt Employee Fl/o.H.No.30-521814, Plot No.25, Lakshminagar Colony Phase4, Old Safilguda, Ramkrishnapuram, Hyderabad.

¶8

Smt. Chintala Sabitha, Aged about 46 Years, W/o. Chintala Satyanarayna, Occ . Houswife R/o.H.No.30-52 /814, Plot No.25, Lakshminagar Colony Phase4, Old Safilguda, Ramkrishnapuram, Hyderabad.

¶9

Chintala Sanjay Kumar, Aged about 24 Years, S/o. Chintala Satyanarayana, Occ . Pvt Employee R/o.H.No.30-521814, Plot No.25, Lakshminagar Colony Phase-4, Old Safilguda, Ramkrishnapuram, Hyderabad.

¶10

...PETITIONERS

¶11

AND

¶12

The State of Telangana, rep by its Principal Secretary (Stamps and Registrations) Secretariat, Hyderabad.

¶13

The Sub Registrar Malkajgiri,, Medchal- Malkajgiri District.

¶14

The Telangana State Wakf Board, Rep by its Chief Executive Officer, Haj House, Nampally, Hyderabad.

¶15

...RESPONDENTS

¶16

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 order (s) or direction (s) one in nature of Writ of Mandamus in declaring the action of the 2nd Respondent in not receiving the document presented by the Petitioners in respect of the House bearing No.30-220/19 on Plot No.19, in Sy.No.'438 and 439, Adm.266.66 Sq.Yards or222.92 Sq.Mtrs, with a built up area of 400 Sq.ft of ACC Sheet roof, Situated at Old Safilguda, with in the limits of GHIVC under Malkajgiri Circle, Medchal Malkajgiri District ( PTIN No.1 170809310) as illegal, arbitrary and violative of Art. 19, 21 and 300-4 of lndian Constitution, and issue a consequentially direct the 2nd Respondent to entertain the registration of the Gift Deed to receive to process to register and release the document presented by the Petitioner without insisting NOC from the 3rd Respondent.

¶17

l.A.NO:1 OF 2022

¶18

Petition Under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Responclent No.2 to receive lhe document of sale to be presented by the Petitioners in respect of the House bearing No.30-220/19 on Plot No.19, in Sy.No.43B and 439, Adm.266.66 Sq.Yards or 222.92 Sq.[,4trs, with a built up area of 400 Sq.ft of ACC Sheet roof, Situated at Old Safilguda, with in the limits of GHMC under Malkaigiri Circle, tVledchal Malkajgiri District (PTIN No.1 1 7080931 0), register and release the same.

¶19

Counsel for the Petitioners : SRI.D.ANIKETH REDDY

¶20

Counsel for the Respondent Nos.1 & 2 : GP FOR REVENUE

¶21

Counsel for the Respondent No.3 : SRI.ABU AKRAM

¶22

The Court made the following ORDER

¶23

I HU H()N'liLti SRI JUSTICE A.n BIIISIIEI( REDDY

¶24

l4'lllT PETITION No.37258 of 2022

¶25

OI(DER:

¶26

Ilearcl the learnecl counsel for the pctitioners, learned Governmerrt I)leacler for Revenue appearing for tl-re respondent Nos.1 & 2 ancl learneci Stancling Counsel appearing for the responclent No.3. Witl-r their consent, the present Writ Petition is being rlisposed of at the stage of aclmission.

¶27

Sr:eking to clirc,ct the respondent No.2 to receive, register anci releasc tl-rc. subject document presented by the petitioners in respect of the subject property situatecl at Old Safilguda, Malkajgiri Municipality', Meclchal-Malkajgiri District, the petitioners have f iled the present Writ Petition.

¶28

¶29

Learnecl Government Pleader has fairly stated that the official resporrdents will follow the piocedure contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act').

¶30

Section 7L of the Act reads as follows:

¶31

Reasons for refusal to register to be recorded. - (1) Ilvery Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated within his sub-district shall make an order of refusal and rccorded his reasons for such order in his Book No.2, and errtlorse the words "registration refused" on the documenq

¶32

( (

¶33

¶34

. r(1,⁽⁾ⁿ application [rade Lry a[v person^{(-\ccutinq(Jr} cl.rir i!18 urr(l(,r the docurnent, shall, r{'itlreut paynerrt and unncc('ss.lr), tlclav, givc hirrr a co;ry of thc rcasons so recordcrl.

¶35

(2) No rcgisterirrg officer shall acccpt for registratiorr a rkrcumcnt srl crrtlorsed unless and urrtil, unrlcr the ltrovisiorrs hcreirraltor contained, the document is directed to bc registered

¶36

ln view of the subrnission rnade Lrv the learned

¶37

Co','errurent I'leader coupled with the provisions ot Scctiorr 71 of the Act, thc Writ Petition is disposed of directing the Registering Authority to receive, register and release the subject clocuntent, subiect to tlle petitioners complying with the provisions of the Act and Indian Stamp Act, 1899. It will be open to the Registerir-rg .r\uthority to refuse to registcr the clocument presented before him, if he has any other objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioners.

¶38

The miscellaneous petitions pending, if an1,, s11311 tlut'r4

¶39

closed. There shall be no order as to costs.

¶40

SD/-K.SHYLESHI i DEPUTY REGIST,RAR /

'1-',/

//TRUE COPY/i

SECTION OFFICER

To 1 The Principal^{Secretary,(StampsandRegistrations) Secretariat'Stateof} Telanoana at Hvderabad.

¶45

l 2 ffre S"uU Registiar^{Malkajgiri,, Medchal- Malkajgiri District.} 3 fne Cniet Eiecutive^{Offi66r,TelanganaState WaKBoard, HajHouse'} Nampally, Hyderabad.

¶46

4 two bci to Gp fOR REVENUE,^{High Courtfor the State of Telanganaat} Hyderabad. [OUTI

¶47

5 Ohe CC to SRI.DANIKETH^{REDDY,Advocate} IOPUC]

¶48

6 One CC to SRI ABU AKRAM,^Advocate [OPUC]

¶49

7 Two CD Copies 8 One spare copy

¶50

S.A PS =M

HIGH COURT

DATED:2710912022

ORDER

WP.No.37258 of 2022

ic );
1[ ![1 zff[,.
I

¶56

DISPOSING OF THE W.P WITHOUT COSTS.

¶57

OS"-

Chintala Satyanarayana v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Chintala Satyanarayana 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

Smt. Shaheen Vs The State of Telangana

G.Ramavatharam Vs The State of Telangana

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

K. Kishore Kumar Vs The State of Telangana and 3 others

M/s. K S Organics and Consultants Vs The State of Telangana

Sri Enthala Srinivas Vs State of Telangana