Dismissed

Sri. Chowdarigari Butchi Redy v. The State of Telangana and another

Telangana HC17 Feb 2022WP/8109/2022

Case brief

AI extract

What is this about?

The High Court, Madhya Karnataka High Court disposed of the writ petition at the stage of admission. The Court directed the registering authority to receive and process the gift deed for the property, subject to compliance with registration and stamp act provisions.

What did the court decide?

Directing the registering authority to receive and process the gift deed for registration, subject to statutory compliance.

Sri. Chowdarigari Butchi Redy Vs The State of… — Specific Performance | Telangana HC (2022)

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

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THURSDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY

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WRIT PETITION N o: 81 09 0F 2022

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Between:

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Sri. Chowdarigari Butchi Redy, S/o. Late Chowdarigari Narsimha Reddy Alias Narsa Reddy, aged about 64^years, Occ Agriculture, Fl/o H. No^4-25, I\ilettukaniguda, Gajularamaram, Quthbullapur Mandal, Hyderabad.

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...PETITIONER

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AND

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The State of Telangana, Rep., by its Principal Secretary, Stamps^and Regislration Department, Secretariat, Hyderabad.

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Sub-Registrar, Quthbullapur, 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 pleasedto} jssue writ or order or direction more so in the nature of writ of l\ilandamus, declaring lhe actions of the respondent no. 2 in not receiving the^{draft gift deedpresentedfor} transfer of^property as illegal, arbitrary,^{high handed and violative of A(icle14,300-4} of constitution of lndia and also violative of^{provisionsof RegistrationAct and} consequently direct the respondent to^{receivethe gift deed and registerthe samein} relation to^property bearing Plot^no. 53, admeasuring^{333 sq yards or 278.38sq mtrs} in survey no. 152 situeted at Gajularamaram village,^{Quthbullapur Mandal,under} GHMC Quthbullapur circle, Ranga^{Reddy (NowN,4edchalMalkajgiri) District.}

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lA NO: 1 OF 2022

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Petition under Section 151 CPC^{prayingthat in the circumslances stated.in the} affidavit filed in support of the^petition, the^{High Court may be pleasedto direct the} respondents to receive the document from the^{petitionerherein and process tor} registration of property bearing Plot No. 53,^{admeasuring333 Sq.yds or 278.38} Sq.mts in Sy.No. 152 situated^{at Gaiularamaramvillage, Quthbullapurmandal under}

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,/ HMC Quthbullapur^{Circle, Ranga Reddy (now MedchallMalkajgir) Districtpend ing} disposal^{of the abov wrlt Petition'}

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Counsel^{for the Pet tioner: SRIG' KALYAN CHAKRAVARTHY} V

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Counsel^{for the Re: pondents: AGP FOR REVENUE}

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The Court^{madeth' following:ORDER}

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i l

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't--

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THE HONOURABLE SRI JUSTICE^{B.VIJAYSENREDDY} WRIT PETITION No.8109 of²⁰²²

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ORDER:

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Heard the learned counsel for the^{petitionerand the learned} Government Pleader for^{Revenuefor the respondents.Withtheir} consent, the writ^petition is disposed^{of at the stage of admission.}

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The maln^grievance of the^{petitioner is that respondentNo'2 is} refusing to receive, register and^{release the document presentedby} .^{him in respect of the property bearing Plot No.53,admeasuring} 333 sq.^yards in Sy.No,152^{situated at Gajularamaramvillage,} Quthbullapur^{Mandal, underGHl"lCQuthbullapuracircle, RangaReddy} (now Medchal-Malkajgiri) District.

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Learned Government Pleader^{has stated that the official} respondents will follow the^{procedure contemplated under Section71} of the Registration Act,^1908.

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Section 71 ofthe^{Registration Act,1908, reads as follows}

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"Reasons for refusal to^{register to be recorded.-}

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(1) Every Sub-Registrar refusing to^{registera document, except} on the^ground that the^{property to which it relates is not} situated within his^{sub-districtshall makean orderof} refusal and recorded^{his reasonsforsuchorder ln hisBook} No,2, and endorse^{the words"registrationrefused"on the} document; and, on^{applicationmadeby any person} executing or claiming^{underthe document, shall, without} payment and unnecessary delay,^give him a^{copyof the} reasons so recorded.

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(Z)No registering officer shall accept^{forregistration a} document so endorsed^{unless and untll, underthe} provisions hereinafter contained, the document^{is directed} to be registered.

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)

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In view of the above submission made by the learned Governmelt^preader coupred with the provision of section 71 0f the Registrati( n Act, 1909, the writ petition is disposed of directjng the registerin! authority to receive and process the subject document, subject t( the petitioner comprying with the provisions of the Regrstratic.l Act, 190g, and indian Stamp Act, 1899. It will be open to the regist'rring authority to refuse/receive the document presented before hin, if he has any other objection, by duly assigning reasons in support oJ such decision and communicate the said decision to the petitioners

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The miscellaneous petitions pending, iF any, shall stand closed

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There shal be no order as to costs.

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SD/.K,AM MAJ I ASSISTANT REGISTRAR

//TRUE COPY//

To,

!iE CTION OFFICER

1 The_ Principa Secretary, Stamps a,nd Registration Departmenl,state of I etangana S )cretariat, HyderaDad.

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Sub-Registre^-, euthbullapur, Ranga Reddy District.

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One CC to S G. KALYAN CHAKRAVARTHY Advocate IOPUC]

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Two CCs to⁽ ip FOR REVENUE, High Court for the State of Telangana at Hyderabad, [ )UT]

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Two CD Cop es.

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One spare cc py.

NPJ

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HIGH COUR T

DATED:1710212022

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ORDER

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WP.No.810l ot 2022

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DISPOSIN( OF THE WRIT PETITION AT THE ST \GE OF ADMISSION WITHOU']T COSTS.

Sri. Chowdarigari Butchi Redy v. The State of Telangana and another

Case brief

What is this about?

What did the court decide?

Sri. Chowdarigari Butchi Redy v. The State of Telangana and another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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