Allowed

Devineni Murali Krishna v. The State of Telangana

Telangana HC6 Dec 2022WP/43879/2022

Case brief

AI extract

What is this about?

This writ petition challenged the non-registration of a Gift Deed concerning specific agricultural land in Ranga Reddy District, Telangana. The petitioner argued that the refusal was illegal and violated fundamental rights. The Court disposed of the petition directing the registering authority to process the document without referencing specific gazette notifications and letters.

What did the court decide?

Writ petition disposed of ordering the Registering Authority to receive and process the subject document without reference to the Gazette Notification dated 26.09.2013 and the letter dated 10.06.2021.

Devineni Murali Krishna Vs The State of Telangana — Property and Title | Telangana HC (2022)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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TUESDAY, THE SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO

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:PRESENT:

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THE HON'BLE SRIJUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION NO:43879 OF 2022

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Between:

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Devineni Murali Krishna, S/o. D.Venkateswara Reddy, R/o. Flat No.1 12, Vasavi Bhuvana Apartments, Srinagar Colony, Behind Nikil Hospital, Yellareddyguda, Khairatabad, Hyderabad - 500 073.

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...Petitioner

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AND

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The State of Telangana, Rep. By its Principal Secretary, Stamps & Registration Department, Secretariat, Hyderabad.

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The District Registrar, Ranga Reddy District.

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The Joint Sub-Reglstrar, Ranga Reddy District.

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The District Collector, Ranga Reddy 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 an Order, Direction or Writ more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not registering the Gift Deed submitted by the petitioner for registration with regard to land admeasuring Ac. 0-05 Guntas/60.5 Sq yards In Sy. No. 41114A, situated at Khanamet village, Serilingampalli Mandal, Ranga Reddy District, on the ground of notification No.86 dated. 2610912013 and Lr.No.E5l2B25l2021 dated.10/06/2021 issued by the 4th respondent as highly illegal, arbitrary and in violation of Article 300-4 of the Constitution of lndia.

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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 3rd respondent to receive, register and release the Gift Deed submitted by the petitioner for registration with regard to land admeasuring Ac. 0- 05 Guntas/60.5 Sq yards in Sy. No. 41114A, situated at Khanamet Village, Serilingampalli Mandal, Ranga Reddy District, without reference to the draft notification No.86, dated.26lo9l2013 and Letter No.ESl2825l2O21 dated-10/06/202'l issued by 4th respondent.

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Counsel for the Petitioner: SRI. G JHANSI

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Counsel for the Respondent No.1 to 4: GP FOR REVENUE (STAMPS AND

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REGTSTRATTON)

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The Court made the following: ORDER

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I I

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THE HONOUR,\BLE JUSTICE, SRI NAGESH BHEEMAPAKA

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W.P.No.43879 OF 2022

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ORDER:

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Heard the learned counsel for the petitioner and the Learned Governed Pleader lor Revenue appearing for the respondents. W ith their consent, the present Writ petition is being disposed o. at the stage of admission.

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When the matter is taken up for hearing, the learned counsel for the retitioner submitted that the issue involved in the writ petition is squarely covered by the earlier orders passed by this Court in rV.P.No.29 182 ot 2022 dated 14.07.2022.

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In view of the same and for the reasons recorded in the aforesaid order, this writ petition is disposed of directing the Registering Authority to receive and process the subject document, withc,ut reference to the Gazette Notification, dated 26.09.2013 and the letter dated 10.06.2021 addressed by the District Collector to the Registration Authorities, subject to the compliance of the provisions of the Indian Registration Act, 1908 and the Ir'dian Stamp Act, 1899. It is also open to the Registering Auttrority to refuse registration, by duly assigning reasons for suc h refusal and communicate the same to the petitioner. No order as to costs.

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Miscellaneous^{applications'if any pending in this Writ}

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Petition,^{sha1lstandclosed'}

SD/.A.V.S.PRASAD

ASSISTANT RE STRAR

//TRUE COPY//

SECTION FICER

To,

1 The Principal Secretary, Stamps and Registration Department, Secretariat, State of Telangana, Hyderabad.

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2 The Dishict Registrar, Ranga Reddy District.

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J The Joint Sub-Registrar, Ranga Reddy District.

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4 The District Collector, Ranga Reddy District.

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One CC to SRl. G JHANSI Advocate [OPUC]

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6 Two CCs to GP FOR REVENUE (STAMPS AND REGISTRATION), High Court for the State of Telangana. [OUT]

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7 Two CD Copies

HIGH COURT

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ORDER

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WP.No.43879 of 2O22

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WRIT PETITION IS DISF OSED OF WITHOUT COST

Devineni Murali Krishna v. The State of Telangana

Case brief

What is this about?

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Devineni Murali Krishna v. The State of Telangana

Case brief

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