Disposed

T. Jaya Kumar v. The State of Telangana And 2 Others

Telangana HC28 Sept 2022WP/37794/2022

Case brief

AI extract

What is this about?

In Writ Petition No. 37794 of 2022, the High Court of Telangana disposed of the petition at the stage of admission. The court directed the registering authority to receive, process, and register the document presented by the petitioner, subject to compliance with the Registration Act and Stamp Act.

What did the court decide?

Directed the registering authority to receive, process and register the subject document subject to compliance with the Act and Stamp Act.

T. Jaya Kumar Vs The State of Telangana And… — Civil Procedure and Limitation | Telangana HC (2022)

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

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WEDNESDAY, THE TWENTY EIGHTH DAY OF SEPTEMBER lWO THOUSAND AND TWENTY'fWO

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PRESENT

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THE HONOURABLE SRI JUSTICE A. ABHISHEK REDDY

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WRIT PETITION NO: 37794 OF 2022

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Between:

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T. Jaya Kumar, S/o. Sri T.Ramachandran Aged 64 years, Occ. Business, R/o Flat no.103, Conxrete Harmony Apartments, Street no.5 Kakatiya Nagar Hubsiguda, Hyderabad - 500 007

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...PETITIONER

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AND

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The State of Telangana, Rep by its Principal Secretary for Revenue (Registrations) Depaftment. Secretariat, Hyderabad, Telangana

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The Sub Registrar, lvlalkalgiri Sub- Registrars Office, at Malkajgiri Telangana.

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3 Telangana State Waqf Board, Rep by the Chairman, lst Floor, Razzack Manzil, t/edchal I,4alkajgiri District Opp. Public Gardens, Hajj House Ln, Fateh l\rlaidan, Nampally, Hyderabad, Telangana 50000'l

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affrdavit filed therewith, the High Court may be pleased to issue a writ or direction more particularly in the nature of writ of mandamus declaring the action of 2nd respondent in not receiving the document presented by the petitioner in respect of property bearing H. no.7-5S/7(pTlN 1170200962) OLD NO.7,2015 on plot no.T.admeasuring 222.2 Sq.yards in survey no.32 situated at Bala Saraswathi Nazar, fulalkajgiri under Malkajgiri circle GHtvlC, Malkajgiri I\4andal, N/edcha l-Ma lkalg iri District Telangana though the said property belongs to the petitioner and their predecessors in title as illegal, arbitrary highhanded and cannot be justified in the eye of law and consequen y direct the 2nd respondent to receive the documenl and register the same presented by the petitioner for registration and release the same to the petitioner in the interest of justice.

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lA NO: 1 OF 2022

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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 2nd Respondent to receive the document presented by the petitioner in respect of property bearing H.no.7-53l7(PTIN 1170200962) OLD NO.7-2015 on plot no. 7, admeasuring 222.2 Sq.yards in survey no.32 situated at Bala Saraswathi Nagar. Malkajgiri under Malkajgiri circle GHMC, Malkajgiri Mandal, Medchal - Malkajgiri District Telangana, register and release the same forthwith in the interest of justice.

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Counsel for the Petitioner: SRl. CH SRINIVAS

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Counsel for the Respondents No.1 & 2: GP FOR STAMPS AND REGISTRATION/ REVENUE

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Counsel for the Respondents No.3: ABU AKRAM, SC

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The Court made the following: ORDER

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(

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THE HON'BLE SRI IUSTICE A.ABHISHEK^REDDY

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WRIT PETITION No.37794 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^respondent Nos.1 and 2, and Sri Abu Akram, the iearned^{StandingCounsel} for Wakf Board appearing for respondent 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 responclent No.2 to^{register and} release the clocument presented by the petitioner^{in respect of the} subject property situatecl at Bala Saraswathi^{Nagar, Malkajgiri,} Medchal-Malkaigiri District, the petitioner has^{filedthe present} Writ Petition

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Learned Government Pleader has fairly^stated that^the official respondents will follow the^{procedurecontemplated} under Section 71 of the Registration^{Act, 1908 (fort shor! 'the} Act')

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Section 71 of the Act reads^as follows:

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"Reanns t'or refunl to register to be recorderl. -

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(1) Euery Suh-Registrar refusing to register^a doumrcnt,^excePt on the grountl tlnt tIrc^{property to tuhichit rekrtes is ttot}

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situnted ruitlfir lis sub-district slull nmke an order of refusal and recorded lis reasons t'or such order ir his Book No.2, and etulrtrse thc Toor{7s^{"registration} refuxd" otr the docunrcnl nttd, ott npplicnliott ntade by nny person execuling or rlmtttittg ttnder tlrc doantrcnt, shnll, Toithout payntent and unnecessary tlelny, giae him n c.opy of tlr reasons so rccorded.

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(2) No registering olfclr slnll accept for rcgistuation a docunent so endorsed unless arul until, under the prouisions hereinafter contaircrl, tlu document is d.irected to be registered."

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In view of the submission made by the learned

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Government Pleader coupled with the provisions of Section 71 of the Act, the Writ Petition is disposed of directir-rg the Registering Authority to teceive, process and register the subject document, subject to thc petitioner complying with the provisions of the Act and Indian Stamp Act, 1.899. lt will be open to the Registering Authority to refuse to register the document presented before hitU if he has any other objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner.

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The miscellaneous petitions pending, if any, sha1l stand

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closed. Thcre shall be no order as to costs.

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SD/- I. NAGALAKSHMI DEPUTY- REGISTRAR ,TRUE COPY// ,_ il., SECTION OFFICER

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To,

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1 The Principal Secretary, Principal^{Secretaryfor Revenue (Registrations)} Department, Secretariat, Hyderabad,^{State of Telangana}

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2 The Sub Registrar, Ir/alkajgiri Sub^{- RegistrarsOffice, at Malkalgiri Telangana}

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:y:lfl^{frffi uil#zs:,BJ:ii"yffL'ff fr} #,+r;,iri,li,ilii.,,;r;:i:?i, c ' rat€o /

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4 one cc to sRr ., .-1","^" :,:::1i::::'

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R EVEN,E, High

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' Iff.T:;". sm:r,ffi ffiEt,r%,ri,,

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One CC to SRl. ABU Al KRAM Advocate [opUC]

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7 Two cD copres

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flir?""^{spare copy} GJPN,

HIGH COURT

DATED:2810912022

ORDER

WP.No.37794 of²⁰²²

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I B ii,'{ ?trll
J

¶55

DISPOSING OF^{THE WRIT PETITION}

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WITHOUT COSTS

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q\ '--K

T. Jaya Kumar v. The State of Telangana And 2 Others

Case brief

What is this about?

What did the court decide?

T. Jaya Kumar v. The State of Telangana And 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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