Disposed

Janagama Kistaiah v. The State of Telangana and 2 others

Telangana HC21 Feb 2022WP/8553/2022

Case brief

AI extract

What is this about?

The High Court entertained a writ petition challenging the refusal of the Tahsildar to register a Rectification Deed. It directed the Respondent to receive and process the deed within three months, passing detailed reasons under Section 71 of the Registration Act if registration is refused.

What did the court decide?

The petitioner was directed to have the Rectification Deed dated 31.12.2021 received and processed for registration by the Tahsildar within three months; upon refusal, a detailed order under Section 7

Janagama Kistaiah Vs The State of Telangana and 2 others — Land Acquisition | 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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IVONDAY ,THE TWENTY FIRST DAY OF^FEBRUARY TWO THOUSAND AND TWENTY TWO

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PRESENT

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THE HONOURABLE SRIJUSTICE B.VIJAYSEN^REDDY WRIT P ETITION NO: 8553 OF 2022

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Between:

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Janagama Kistaiah, S/o. Pochaiah, Aged^{49 years,Occ Agriculture, R/o.} Allipul Hio. Odipilavancha Village, Kataram^{lvlandal, Jayashankar-} Bhupalapalli District.

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..,PETITIONER

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AND

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

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The District Collector, Jayashankar-^{BhupalapalliDistrict.}

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The Tahsildar-cum- Joint Sub-Registrar,^{Kataram[Mandal, Kataram,}

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Jayashankar-Bhupalapalli District.

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...RES'ONDENTS

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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 any appropriate writ, order or direction, more^{particularly,one in} the nature of Writ of Mandamus, declaring^{the action of the 3rd respondent in not} receiving,^processing and registering the Rectification^{Deed daled3111212021} presented by the Petitioner for rectification of boundaries mentionedⁱⁿ the^Sale Deed Doct. No.90/2021, dated 1110212021^{registeredin the office of 3rd} respondent, as illegal, arbitrary, u nco nstitutiona l,^{and againstthe principles of} natural^justice, and contrary to the^{provisions of the Registration Act,1908and} the Rules made thereunder, and consequently^{praying this Hon'ble Courtto} direct the 3rd respondent to receive,^{process, register and releasethe} Rectification Deed dated 3111212021^.

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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 maybe} pleased to receive and process the Rectification Deed daled^3111212021 presented by the Petitioner, pending disposal of writ^petition.

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Counsel for the Petitioner :SRl T. RAMCHANDER^RAO Counsel for the Respondents: AGP FOR^REVENUE

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICD B. VIJAYSEN REDDY

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W.P.No.8553 OF 2022

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ORDER:

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Heard leamed counsel ior the petitioner and the Assistant Government Pleader for Revenue,

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This writ petition is fi1ed declaring the action of the 3'a respondent in not receiving, processing and registering the Rectification Deed, dated 31.12.2021 presented by the petitioner for rectification of the boundaries mentioned in the Sale Deed Doc.No.90/2021 dated 11.02.2021 registered in the office of the 3rd respondent, as illegai and arbitrary. 3. It is the case of the petitioner that he is absolute owner and possessor of the land admeasuring Ac.O-06 gts., forming part of Sy.No.47/B situated at Odipilavancha Village Shivar, Kataram mandal, Jayashanker-Bhupalapalli District, having purchased the same form one Sri Mula Raja Gopala Reddy. After purchase of the said property, he got mutated his name in the revenue records. While so, his neighbours one Bandi Rajaiah and four others, taking advantage of his wrong boundaries mentioned in tlle Sale Deed, have started interfering with his possession over the subject land and accordingly he has filed a suit in O.S.No.SO of 2021, along with I.A.No.61 of 2O2l on the file of the Principal Junior Civil Judge, Malthani.

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Leamed counsel for the^petitioner had contended^that the triai Court vide order dated Oa.71.2O21^dismissedthe said application due to incorrect boundaries^{mentionedin the} suit schedule property, Thereafter, the^{petitionerhad} noticed that the boundaries, which aJe on the^eastern, western and northern side, are mentioned wrongly^{in the Sale} Deed ald he has requested his vendor to execute^{a registered} Rectification Deed rectifying the boundaries^{mentionedin the} Sale Deed and, accordingly, he has^{agreedfor the same.} Thereafter, the petitioner has presented the Rectification^Deed dated 3I.12.2021 before the 3'd respondent^{for registration,} but the 3.d respondent refused to receive^{and registerthe} Rectification Deed. He also made a representation^{to the 3'd} respondent on 16.03.2021 stating that^{the boundariesin the} Agreement of Sale are mentioned correctly and,^accordingly, requested to rectify the boundaries mentioned in^{the Sa.le} Deed. However, the 3ra respondent without any authority^of law refused to register the Rectifrcation Deed. 5. Learned Government Pleader submits that a direction be given to the 3rd respondent to receive^{arld process the} Rectification Deed dated 31 .12.2021 and to^pass orders^undcr Section 71 Registration Act.

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ln view of the above submissions, the^{writ petitionis} disposed of drrecting the 3'd respondent to^{process the} Rectilication Deed dated 31.),2.2021^presented by^the petitioner for registration and pass appropriate orders in

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accordance with law. In case, for any reason, the document is refused for registration, then he shall pass a detailed order by citing reasons for such refusa-l as required under Section 71 of the Registration Act and communicate the said decision to the petitioner. The said process shall be completed within a period of three months from the date of receipt of a copy of this order. No costs.

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Pending miscellaneous petitions, if any, shall stand

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"lo""d.

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SD/.T.KRISHNA KUMAR ASSISTANT REGISTRAR

//TRUE COPY//

SECTI FFICER

To,

, ]!:|.3i;?iJ[ilio"".l"l??/^{Revenue Department,state of reransana} 2 The District Collector, Jayashankar- Bhupalapalli District.

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The Tahsitda r-cu m- Loin[ S^ub_R;girtrri, "r< jtJrZ,il "tr randa t, Kata ram, .^{J^ayashankar-Bhupatapalli} Districi]^-"""

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One CC to Sri f RamitranOli'Rao, ROvocate tOpUCI GP ror Revenue, Hish'cil;;;iirlJ'sirtd or reransana at

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t ly.'fr";l:

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Two CD Copies

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One Spare Copy

$.)\

HIGH COURT

DATED:21 10212022

; 2Bf'lAH2022
a.

ORDER

WP.No.8553 of 2022

DISPOSING OF THE WP WITHOUT COSTS

Janagama Kistaiah v. The State of Telangana and 2 others

Case brief

What is this about?

What did the court decide?

Janagama Kistaiah v. The State of Telangana and 2 others

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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