Allowed

Smt. K. Chinamma , Chenamma v. The State of Telangana and 2 others

Telangana HC14 Feb 2022WP/4673/2022

Case brief

AI extract

What is this about?

Petitioner filed Writ Petition under Article 226 and Section 151 CPC seeking direction to Sub Registrar to register a Gift Deed regarding house property, despite a letter from the Municipality advising against registration. The Court allowed the petition, directing the Sub Registrar to receive and process the document.

What did the court decide?

The writ petition was allowed directing the 2nd respondent to receive and process the Gift Settlement Deed without reference to the letter from the 3rd respondent.

Smt. K. Chinamma , Chenamma Vs The State of Telangana… — Property and Title | Telangana HC (2022)

¶1

HIGH COURT FOR THE STATE OF TELANGANA^{AT HYDERABAD} (Special Original J urisdiction)

¶2

N,,IONDAY, THE FOURTEENTH DAY OF^FEBRUARY TWO THOUSAND AND TWENTY TWO

¶3

PRESENT

¶4

THE HON'BLE SRI JUSTICE B. VIJAYSEN^REDDY

¶5

WRIT PETITION NO: 467 3 oF 2022

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Between:

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Smt. K. Chinamma @ Chenamma,^{W/o. Naganna,Aged about 63 years, Occ.} Agriculture, R/o. Kollapur Village and^{N4andal,NagarkurnoolDistrict.}

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...PETITIONER

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AND

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The State of Telangana,^{Rep. by its Principal Secretary, Revenue (Stampsand} Registration) Department,^{Secretariat,Hyderabad.}

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The Sub Registrar,^{Kollapur, Nagarkurnool Dislrict.}

¶12

The Kollapui Municipality,^{Rep. by its Commissioner' Kollapur,Nagarkurnool} District.

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...RESPONDENTS

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Petilion under Article 226 of the^{Constitution of lndia praying that in the} circumstances statedⁱⁿ the^{affidavit filed therewith,the HighCourt may be pleased} to issue an order or direction^{moreparticularlyone in the nature of Writ of} Mandamus declaring lhe action^{of the 2nd respondentin not receivingand} registering the Gift Settlement Deed^{soughtto be presentedby the petitionerin} favour of her husband in respect of^{house property bearingNo 3-26-23vide} assessment No. 1188003494^{situated at Kollapur Townand Municipality,} Nagarkurnool District, by^{referringto the letter daled0911112021of 3rd respondent} though there are no court cases^{pendingas againstthe said house propertynor} there are court orders as^{againsttheregistrationof thesame,as illegal,unlawful'} contrary to law and consequently^{direct the znd respondentto receive, regislrarand} release lhe above Gift^{settlementDeed as the petitioner have compliedwith all other} formalities for the^{purpose of the registration of the said house property}

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lA NO: 1 oF 2022

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Petition under Section^{151 CPC prayingthat in thecircumstances statedin} the affidavit filed^{in support of the petition. the High court may be pleasedto direct} the 2nd respondent to^{receive, registrar and releasethe registered Gift Deed sought} to be presented by the^{petitioner in respect of the house property bearing No3-26-} 23 vide Assessment^{No.1188003494withoutreferenceto the letter said to have} been addressed by the^{3rd respondent, daledO911112021,pendingdisposal of main} Writ Petition.

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Counsel for the Petitioner^{: SRl. M DAMODAR REDDY}

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Counsel for the Respondent^{Nos. 1 to 3 : ASSISTANT GP FOR REVENUE}

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The Cou( at the^stage of^{admission made the following: ORDER}

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THE HON'BLE SRI JUSTICE^{B. VIJAYSENREDDY}

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WRIT PETITION No.4673^{of 2022}

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ORDER:

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Heard leamed counsel for the^{petitionerand the leamed} Assistant Govemment Pleader for^{Revenue appearingfor the} respondents.

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The grievance of the^{petitioneris that the 2'd respondentis} refusing to receive and register^{the gift deed presentedby her in} respect of house^property bearing^{No.3-26-23,vide assessment} No.l 188003494 situated at^{Kollapur Town and Municipality,} Nagarkurnool District.

¶25

It is the case of the petitioner that^{a letterdated09.11.2021was} addressed by respondent No.3 to^{respondentNo.2 not to entertainany} document^presented by her for^{registrationin connectionwith house} properly bearing No.3-26-23 vtde assessment^{No. I 188003494 situated} at Kollapur Town and Municipality,^{Nagarkurnool District.}

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Learned Assistant Covemment^{Pleaderlairly submitsthatas} per his instructions, the subject property is not included^{in the list of} prohibited properties contained under Section 22-A of^{the Registration} Act, 1908.

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In view of the same, the writ^petition is allowed directing respondent No.2 to receive the document^presented by the^petitioner in respect of house property bearing No.3-26-23 vide assessment No.l 188003494 situated at Kollapur Town and Municipality,

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Nagarkumool District, without reference to the letter dated

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09.1I .2021 in File No.A2ll 005/KLPzu202l addressed by respondent

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No.3, and the said document shall be processed and released, if it is

¶31

otherwise in accordance with law.

¶32

Pcr.rding rrisccllaneous petitions. ifany, shall stand closed.

SD/-K.SAILESHI

ASSISTANT REGISTRAR

To,

,TRUE COPY'

SECTION OFFICER

The Sub Registrar,^{Kollapur, Nagarkurnool District} ---..^.

¶40

z. one cc to 5nt.^{H/] onuooRR REDDY' Advocate[oPUC]}

¶41

J. iwo CCs to^{GP FORREVENUE,High Court for theSlateof Telangana at} Hyderabad. [OUT]

¶42

Two CD Copies.

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One SPare^CoPY.

\ *-

HIGH^COURT

DATED:^1410212022

t c 25 t EB 2022 s I
'J
..r n--^ .-,

¶50

ORDER

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WP.No.^{4673 of 2022}

¶52

ALLOWING^{OF THE WRIT PETITION} WITHOUT^COSTS <sup>>] ,u

Smt. K. Chinamma , Chenamma v. The State of Telangana and 2 others

Case brief

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What did the court decide?

Smt. K. Chinamma , Chenamma 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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