Disposed

Kuchipudi Kusuma v. The State of Telangana

Telangana HC25 Apr 2023WP/10561/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition wherein the petitioner, aggrieved by the refusal to register sale deeds, sought a direction to the registering authority. The Court directed the authority to receive and register the documents upon compliance with statutory requirements regarding fees and objections, without adjudicating the merits of the registration claim.

What did the court decide?

Direction issued to the registering authority to receive, register, and release the subject sale deeds upon compliance with the Act, 1908 and Indian Stamp Act, 1899.

Kuchipudi Kusuma Vs The State of Telangana — Property and Title | Telangana HC (2023)

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[³²⁵⁶¹

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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TUESDAY, THE TWENTY FIFTH DAY OF APRIL TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

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WRIT PETITION NO: 10561 OF 2023

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Between:

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Kuchipudi Kusuma, Wo Venkaiah, Aged about 77 yrs, Occ. Farmer, Ri./o Thirthala, Khammam Rural, Telangana-507 003.

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...PETITIONER

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AND

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The State of Telangana, Rep.by its Principal Secretary, Revenue (Stamps and Regiskation), Secretariat, Hyderabad.

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The Commissioner and lnspector General of Registration and Stamps, Hyderabad, Telangana.

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The District Collector, Khammam District

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The Joint Sub-Registrar/Tahsildhar, Khammam Rural and 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 lssue any writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.4 in not receiving, registering and releasing the sale deeds presented by the Petitioner in respect of land in Ac 0.05 in Sy. No. 620lAlAU2l3, Thirthala Village, Khammam Rural Mandal, Khammam District, as being illegal, arbitrary and unconstitutional, and consequently direct the Respondent No. 4 to receive, register and release the sale deeds, presented by the Petitioner in respect of Ac 0.05 Gts in Sy. No. 620lNAU2l3, Thirthala Village, Khammam Rural Mandal, Khammam Diskict.

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lA NO: 1 OF 2023

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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 respondent No.4 to receive, register and release the sale deeds, prbsented by the Petitioner in respect of land Ac 0.05 in Sy. No. 620/A/AU2I3,

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Thirthala Village, Khammam Rural Ir,4andal, Khammam District, pending disposal of the writ petition.

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Counsel for the Petitioner: SRI V. VENKATA MAYUR

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Counsel for the Respondents: ASST. GP FOR STAMPS & REGISTRATION

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE MUMMINENI SUDTIEER KUMAR

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WRIT PETITION No.1O561 of 2023

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ORDER:

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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission.

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Aggrieved by the action of respondent No.4 in refusing to receive, register and release the Sale Deeds presentcd by the petitioner for registration in respect of land in Ac.0.05 gts., in Sy.No.620lA/ AU2l^j, Thirthala Village, Khammam Rural Mandal, Khammam L)rstrict, the petitioner filed the pl.esent writ_ petition.

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The Assistant Government Pleader has stated that the respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908 (for short,^,the Act, 1e081.

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Section 7l of the Act reads as fcllows:

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Reasons for relusal to rcgister to be recorded.-

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(1) Every Sub-t{egistrar refusing to register a document, except on the ground that the propcrty to which it relates is no,situated u,ithin his sub-district sha_ll ma]<e an ord.er of refu sal and rccorded his reasots for such order in his Book No.2, ar,rd endorse the words '.registration refused" on the document; and, on applicarion made by any person executir-rg or r:laiming under the clocument, shall, witho,.rt

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I l

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paymcnt and urlnccessary delay, gi,.,e him a copy of the reasons so recoldcd

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(2) No rcgistering officer shall acccpt for registrzttion a documcnt so cndorsed unless and until, under the provisions hereinaft<:r contained, the dccument is directcd to be registcred.

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In vicw of the above made submissions coupled with the provision under Scction 71 of the Act, 1908, this writ petition is disposcd of directing thc Registering Authoriiy to receive, register and rclcase the subject document, subject to the petitioner complying with the provisions of the Act, 1908 as wcll as thc Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the documcnt presented before him, if hc has any ob.jection, by duly assigning reasons in support of s'rch decision and communicate the said decision to the petitioner. It is madc clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioner to get the subjcct document registered.

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Misccllaneous Petitions, if any, pending in this vrrit

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petition shall stand closed.

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SD/- MOHD.^{SANAULLAH ANSARI} ASSISTANT^REGISTRAR a)j //TRUE COPY// SECTION^OFFICER

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To, 1 The Principal secretary,^{Revenue (stamps and Registration), The state of} retanoand. Secretariat,^Hyderabad'

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2 ii;'c1?il;i i"i,;;;;;;,i^{in'.p"cio|.G eneralof Res istratio n a nd stam ps'} Hvderabad. Telanqana.

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3 T6e Districi Collector, Khammam^District 4 fne Joint Sub-Registiarffahsildhar,^{Khammam R-uraland District'} 5 one Cc to sRl^{V.-VENKATA MAYUR,Advocate} [oPUC] b Two CCs to GP FoR^{STATVPS & REGISTRATION,High Court for the State} of Telangana. [OUT]

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Two CD Copies BN

HIGH COURT

DATED:2510412023

ORDER

WP.No.10561 of 2023

-\G (- )t.'
I I JUN 2023
\

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DISPOSING OF THE WRIT PETITION WTHOUT C TS

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Kuchipudi Kusuma v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Kuchipudi Kusuma v. The State of Telangana

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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