Disposed

Sri Vivekananda Desai and 6 others v. The State of Telangana

Telangana HC1 Dec 2022WP/38243/2022

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the rejection of appeal documents regarding land registration. The Court allowed the petitioners to submit pending documents, noting the dismissal of the status quo order and yielding powers to the Tahsildar for agricultural lands.

What did the court decide?

Writ petition disposed of; petitioners permitted to represent documents before Respondent No. 4 within three weeks for processing and registration within four weeks.

Sri Vivekananda Desai and 6 others Vs The State of… — Landlord and Tenant | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TEL4NGANA '- AT HYDERABAD^/

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o[ 3255 ]

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(SpscialOriginalJurisdiction)^./' THURSDAY. THE FIRST DAY OF DECET'BER^/- TWO THOUSAND AND TWENry TWO

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:PRESENT:

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THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO: 38243 OF 2022

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Between:

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Sri Vivekananda Desai, S/o. Late V.H. Desai, Occ- Private Service, R/o. H.No- 2-1-471|D, E, f, FIat No- 404, Sharda Apartments, Skeet No.6, Nallakunta, Now residing at Konddapur, Sherilingampally, Ranga Reddy District, Hyderabad

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Sri V. Subhash Chander Desai, S/o. Late V.H. Desai, Occ- Private Service, R/o Flat No.502, Maduranagar, Ramanthapur, tJppal, Ranga Reddy District, Hyderabad.

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Smt. M. Vimala, Wo. Dr. Mohan.S.Rao, Occ- Housewife, R/o. H.No- 2-2185/56/C/3, Flat No.103, Satya Sai Apartments, Bagh Amberpet, Hyderabad - 5000 01 3.

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Smt K. Vijaya Lakshmi, Wo. M. Krishna Rao, Occ- Housewife, R/o H.No.1113-32121205, Road No-1 , Alkapuri, Saroornagar, Ranga Reddy District.

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Sri Damodar Chincholikar, S/o. Late Raghavender Rao, Occ- Retired Employee, Rlo. F1-202, Balaji Mansion, H.No-3-6-504/4, Street No.7, Himayatnagar, Hyderabad, now Residing at Kondapur, Sherlingampally Mandal, Ranga Reddy Diskict, Hyderabad.

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Smt. Manjusha, Wo. Sri Sandeep Pathreekar, Occ- Housewife,^tr.Jo. F 1-202, Balaji Mansion, H.No- 2-6-504/4, Street No-7, Himayatnagar, Hyderabad.

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Smt. Kasturi Chincholikar, Wo. Sri Ravi Mahadevan, Occ- Housewife, Rl/o. Flat No- 402, Sri Ratandeep Apartments, H.No- 3-6-190/A, Urdu Hall Lane, Himayatnagar, Hyderabad. (Rep by its GPA Holder, Sri T. Venkateshwar Reddy, S/o. Sri T. Anantha Reddy, Occ- Business, Rio. Flat No- 601, Lotus Gagan Vihar Apartments, H.No-1-2-593/59, Gaganmahal, Domalguda, Hyderabad.)

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...Petitioners

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AND

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The State of Telangana, Rep. by its Principal Secretary, Revenue (Stamps and Registration) Department, Secretariat Buildings, Hyderabad, Telangana.

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The Commissioner and lnspector General, Stamps and Registration Department, Rangareddy District.

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The District Registrar, Stamps and Registration Department, Rangareddy District

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The Tahsildar, Cum Joint Sub-Registrar, Shamshabad Mandal, Rangareddy District.

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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 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 lrilandamus, declaring the action of the 3rd Respondent in passing the

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reiection^{order vrd ' ProceedingsNo 1 50Ss/G1 /2021 , dalet16 02 2022is illegal,} arrd viol rtron of the Registration Act, 1908 :nd also against the ^ibitr"ry pattadhar F'assbo rks Act, 1971 and its Rules^'198!) and '/rolalive of the rights guaranteed^{by the Constitutionof lndia and consequentlyc irr)ct the Respondents} to assign^{the nur,berfor the petitioners documents lleir: ,tg P Nos. 83/2020,} 84t2020,87^{12020o 9112020,9412020to 9612020and 1r)2120:20,in respect to} the land in^{Sy.l to 10BA and 1OBE (El,} E2, E3) ol^{[cndupally Village,} Shamshabad Man lal, Ranga Reddy District and to^re easr-. the documents pending before the 4th Respondent.

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lA NO: 1 OF 2022

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Petition undr r Section 151 CPC praying that in the r;,rcumstances stated in the affidavit filed in support of the petition, the High Cotrrl may be pleased to direct the Respor dents to assign number and to release the petitioner documents bearing P.Nos. 83/2020, 8412020, 8712020 lo 911?-020, 9412020 to 9612020 and 10212 )20, in respect to the land in Sy,No lOi).A and 10BE (El, E2, E3) of Tondupally \ illage, Shamshabad Mandal, Ranga Rec dv [)istrict.

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Counsel for the Pel^itioner: SRl. CH VENKAT RAMAN

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Counsel for the Rer pondent No.l to 4: GP FOR REVENUE 'S Tltl,/lPS AND REGTSTRATTON)

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.38243 of 2O22

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ORDER:

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Heard learned counsel for the petitioners and learned Government Pleader for Stamps and Registration appearing for the respondents.

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This writ petition is filed questioning the order passed by respondent No.3 in proceedings No.15095/Gl l2O2l-2, dated 16.02.2022, whereby the appeal filed by the petitioners under Section 72 of the Registration Act, 19O8 is rejected.

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The case of the petitioners is that aggrieved by the action of respondent No.4 in refusing to register and process the sale deed presented by the petitioners vide pending documents bearing Nos.83/2O20, a4 l2O2O,87 l2O2O to 9rl2O2O,94 l2O2O to 9612020 and lO2l2O20 of the office of the Sub Registrar, Shamshabad Mandal, Ranga Reddy District. The initial refusal for registering the said documents is on the ground that there was a status quo order dated 11.05.2018 passed in O.S.No.584 of 2018 on the file of the I Additional District Jurdge, Ranga Reddy District. When the matter v,cnt belbre the .rppellate authority - respondent No.3 herein, the said appeal u,as rejected

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on the grou rd of srorus guo order as well as on the ground that the petitior ers failed to produce title deeds and pattadar passbooks in rcspect of the subject propertJ, which is a mandatoyequirement as required under Sectic'lr 6 iD) of the Telangana t ights in Land and Pattadar Pdssbooks, Act., 1971.

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When this matter is taken up for consideration before this Court, learr ed counsel for the petitioners brought to the notice of this Cor rt that after filing the present wrir .oetition, the petitioners lLave obtained titlc deeds and pattadal passbooks in respect of t re subject land ancl they are ready to produce the said title de :ds and pattadar pirssbooks belore tr:re respondent authorities. It is also brought to the notice of this Court that O.S.No.584 oI 20 18 on thc file of t Additional f)istrict Judge, Ranga Re d 1y District at L. B. Nagar, was dismissed as withdrawn i y the petitioners as early as on 07.01.2021. Thus, it is contenc ed by learned counsel for the petitiont:rs that as the twin reasot s, basing upon which the subjer:t documents are refused to be registered u,ere exhausted. tte petitioners seek liberQ to approach the respondent authorities by representing th<: subject docurnents and also seek further directiorr tc dilect the rcspondents to consi ler the said documcnts f rr registration afresl-t.

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Taking into consideration the submissions made by learned counsel for the petitioners, especially the grounds on which the subject documents are refused to be registered by the respondents are stated to be no more subsisting, this Court is of the considered view that the writ petition can be disposed of permitting the petitioners to represent the pending documents bearing Nos.83/2020, 84 / 2O2O, 87 I 2O2O to 9 I I 2O2O, 94 I 2O2O to 96l2O2O and lO2l2O2O. This Court is also of the considered view that when the subject documents are presented for registration initially, the Sub Registrar, Shamshabad Mandal, Ranga Reddy District, is the competent authority to register the subject documents and in view of the change of law, respondent No.4 herein is conferred with the power to register the documents in respect of the agricultural lands and hence the petitioners can be permitted to represent the returned documents before respondent No.4.

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Accordingly, the writ petition is disposed of permitting the petitioners to represent the returned documents bearing P.Nos.B3/2o2O,84 12O2O,87 l2O2O to 9rl2O2O,94l2O2O to 96 /2O2O and lO2l2O20 of the office of the Sub Registrar, Shamshabad Mandal, Ranga Reddy District, before respondent No.4 herein, who is the competent authority now within a period

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of three we )ks from the date of receipt of a copy of t-his order and on su:mission of such documents by tire pr:titioners, respondent No.4 shall process the same by duly verifying the pattadar pa;sbooks and title deeds produced b1, 116 petitioners and also ver ifying the factum of dismissdl of O.S.I{o.584 of 2018 on the hle of the I Additional District Judge, Rarrga Reddy District, ar d complete the process of registratiorr of the documents, u,ithin a period of four weeks frorn the date of presentatior of the documents by the petitionersr.^'l'here shall tle no ordcr ls t() costs.

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Misce laneous Petitions, if any, pending in this writ petition sha I stand closed.

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To,

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SD/-MOHD.S,,I \A UL L-{II ANSARI ASS I*ETANT REGISTRAR

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//TRUE COPY' l^--li :;E (;TION 6pr ICER

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