Allowed

M/s Sri Shyam Additives v. The State of Telangana

Telangana HC21 Sept 2022WP/5044/2022

Case brief

AI extract

What is this about?

The High Court disposed of the Writ Petition at the stage of admission by directing the Respondents to following Section 71 of the Registration Act, 1908. The Court ordered the Registering Authority to register and release the subject document subject to payment of fees under the Indian Stamp Act.

What did the court decide?

Directed the Respondents to register and release the subject document if no objection exists, with the Registering Authority required to assign reasons if refused.

M/s Sri Shyam Additives Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2022)

¶1

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original J urisd iction)

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WEDNESDAY, THE TWENTY FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE A.ABHISHEK REDDY

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WRIT PETITION NO: 5044 OF 2022

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Between:

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M/s Sri Shyam Additives, Rep. by its Partner Sri Damodar Baldwa, S/o Late Sri. Basantilal, Aged about 58 years, Occ ; Business, R/o 3-5-80511, Flal No. 206, Hyderguda, Hyderabad,Telangana.

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...PETITIONER

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AND

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The State of Telangana, Rep. by its Principal Secretary , Revenue

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.,^{DepartmentSecretariat, Hyderabad.}

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The Sub-Registrar, Rajendra Nagar, Ranga Reddy District, Telangana

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3 The Tahsildar, Rajendra Nagar, Ranga Reddy District, Telangana.

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.,.RESPONDENTS

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Petition Under Article 226 of lhe Conslitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.2 in not releasing the Sale Deed vide pending Document no.9212021 in respect of property bearing no.6-6-76/4 , on plot no.5 in Survey No,4Bl20, admeasuring 750.00 sq.yds and land admeasuring 96.00 Sq.Yds in Sy.No.4Bl23, totat admeasuring 846.Sq. yds or 707.25 Sq.Mtrs, Situated .at Katedhan Village, Rajendra Nagar Circle, Ranga Reddy District is illegal, arbitrary, violative of Article 14 and 21 of the Constitution of lndia, besides violative of principles of Natural Justice and contrary to the provisions of Registration Act and consequently direct the respondent No.2 to forthwith release the Sale Deed Vide Document No. 92 of 2O2j in respect of property bearing no.6-6-76/A, on plot no.5 in Survey No.48/20, admeasuring 750.00 sq.Yds and land admeasuring 96.00 Sq.yds in Sy.No.48/23, totat admeasuring 846.Sq Yds or 707.25 Sq,Mtrs, Situated at Katedhan Viilage, Rajendra Nagar Circle, Ranga Reddy District.

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l.A.NO: 10 F 2022

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Petrtron Under section.l5i cpc praying that in the crrcumstances stated rn the affrd€vrt frted rn supp^ort of the puiitioii, if.," ff igh Court may be pleased to drrect the Respondent No.-2 to rerease tire saie-Deeo vide Document No. g2 0f lo,z-t^{n respectof-p-'opertvbearingno o-o-zoA]#itot} no s in survev No 48/20, admeasuring 750 00 sq,yds and lind aomeasurinq sio oo sq iosin';i;ri;.;;ii3 totat admeasurins 846.So._yds or.707 25 a; Mir;: 6ituatea,at xrtuJrirn virirs" Rajendra Nagar circre, Ranga Reddv oi.tri.i p"niiis dii;r ,liirni o",iliii',i.'

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Counsel for the petitioner : SRl.y.SAl SANKALP

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Counsel for the Respondents ; Gp FOR REVENUE

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The Court made the following : ORDER

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ir\

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t i

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THE HON'BLE SRI JUSTICE^{A.ABHISHEK REDDY}

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WRIT PETITION No.5^{044 of 2022}

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ORDER:

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Heard the learned^{counsel for the petitionerand the} learned Government^{Pleaderfor Revenueappearing for the} respondents. With^{their consent, the present Writ Petitionis} being disposed^{of at the stage of admission.}

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Seeking to clirect^{the responclentNo.2 to release the sublect} document presented by^{the petitionerin respect of the subject} property situated at^{Katedhan Village,RajendraNagar Circle,} Ranga Reddy District,^{the petitioner has filed the presentWrit} Petition.

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Leamed Govemment^{Pleader has fairly stated thatthe} official respondents will^{follow the procedurecontemplated} under Section⁷¹ of^{the RegistrationAct, 1908 (for short, 'the} Act').

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Section 71 of the^{Act reacls as follows:}

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Reasons ior rcfusal tt'^{registt'rto bt' recordL'(l} -

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I I

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(1) Every Sub-Regishar^{refusingto registcr a documcnt'except} on the grouncl that^the ProPerty^{to which it relatesis not} situatecl ^'ithin his sub-disirict^{shall make an order of refusal} arrci recorcieti iris rease,trs^{forsucirtxder iri iris Euoi<i'itr'2, aritl} endorse the^{worcls "registration refused"on the documen|} ancl, on apptication^{madeby any personexecutingor claiming}

under the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. (2) No registering officer shall accept for registration a document so entlorsed unless and until, uncler the provisions hereinafter contained, the clocument is directed to be registered.

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in r".iew of the submission made by the learned Co,u,ernment pleader coupled with the provisions of Section 71 of the r\ct, the \'rit petition is clisposecl of c.lirecting the Registering i\uthoritv to register and release the subject document, subiect to the petitioner complying with the provisions of the Act and Indian Stamp Act, 1g99. It will be open to the Registering Authority to refuse to register the document presented before him, if he has any other objection, by duly assigning reasons in support of such decision and cornmunicate the said decision to the petitioner.

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fhe miscellaneous petitions pending, if any, shall stand

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closecl There shall be no orcler as to costs

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sD/-M.MAN/ ULA RAR DEPUTY *.y ,TRUE COPY'

SECTION OFFICER

'1 . The Principal Secretary, Revenue Department Secretariat, State of Telangana at Hyderabad.

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The Sub-Registrar, Rajendra Nagar, Ranga Reddy District, Telangana. 3. The Tahsildar, Rajendra Nagar, Ranga Reddy District, Telangana

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Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad [OUT]

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One CC to SRl.Y.SAI SANKALP, Advocate IOPUC]

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Two CD Copies

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One spare copy S.A. SB

\{-

HIGH COURT

DATED:21 10912022

ORDER

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11 ![r 2012

WP.No.5044 of 2022

DISPOSING OF THE W.P

WITHOUT COSTS.

4a{ x

M/s Sri Shyam Additives v. The State of Telangana

Case brief

What is this about?

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M/s Sri Shyam Additives v. The State of Telangana

Case brief

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