Disposed

Kuchipudi Kusuma v. The State of Telangana

Telangana HC19 Apr 2023WP/10664/2023

Case brief

AI extract

What is this about?

This judgment disposes a writ petition under Article 226 without costs. The court directs the registering authority to receive, register, and release a sale deed concerning land in Khammam District, conditional on the petitioner complying with the Registration Act and Indian Stamp Act, reserving the right of the authority to refuse if reasons are subsequently assigned.

What did the court decide?

Direct the Respondent No. 4 to receive, register and release the sale deed presented by the petitioner, subject to the petitioner complying with the Registration Act, 1908 and the Indian Stamp Act, 18

Kuchipudi Kusuma Vs The State of Telangana — Landlord and Tenant | Telangana HC (2023)

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[³²⁵⁶ ]

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

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WEDNESDAY, THE NINETEENTH 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: 10664 OF 2023

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Between:

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Kuchipudi Kusuma, Wo Venkaiah, Aged about 77 yrs, Occ. Farmer, R/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 Registration), 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-Reg istrar/Tahs ild h ar, Khammam Rural and District.

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...RESPONDENTS

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Petition under Article 226 of lhe Constrtution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ order or directron 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 0.10 gts in Sy. No. 620lAlAU2l3. Thirthala Village, Khammam Rural Mandal, Khammam District, as being illegal, arbitrary and u nconstitutional, and consequently direct the Respondent No 4 to receive, register and release the sale deeds, presented by the Petitioner in respect of Ac .0. 10 Gts in Sy. No. 620lAlAU2l3, Thirdiala Village, Khammam Rural lr,4andal, Khammam District.

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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

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the respondent No.4 to receive, register and rerease the sare deeds, presented by the Petitioner in respect of rand Ac 9 10 in sy. No. 620/A/AU2I3, Thirthara Vflrage, Khammam Rural IVlandar, Khammam District, pendrng disposar of rhe writ petition.

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Counsel for the Petitioner: SRI V.VENKATA MAYUR counsel for the Respondents: AGp FoR srAMps AND REGTSTRATION

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The Court at the admission stage made the following: ORDER

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THE HON'BLE SRI JUSTICE^{MUMMINENI SUDHEER KUMAR} WRIT PETITIO N No.1O664^{of 2o23}

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ORDER:

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Heard learned counsel lor^{the petitioner and learned} Assistant GovcrnmenL^{Pleadcr for Stamps and Registration} appearing for the^{respondents. With their consent, this writ} petition is disposcd o[ at^{thc slage of admission.}

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Aggricved b1' thc action^{of respondentNo'4 in refusing to} reccive, registcl and^{rcleasethe subject document presented by} the petitioner ftrr^{registrationin respectof land admeasuring} Ac.O 1O guntas in Surwey^{No.620/A/AU2l3,TL.itt}rala Village,} Khammam Rurzrl Manclal,^{KhamrnamDistrict, the petitioner} fited rhc prescnt Wril Petilion.

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The Assistant Government^{Pleaderhas stated that the} rcspondents will follow the^{procedure contemplatedunder} Scction 7I of the Registration Act,^{1908 (for short, 'the Act,} 1908J.

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Section 7 1 of thc Act reads as^follows:

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Reasons for rcfusal to rcgistcr to^{be recorded.-}

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(l) EVen Strb'Rcgrstrar rcfusing to register^{a document,excePt} on thc ground that thc^property to^which it^{relates is not} situatt:d rvithin his sub-district shall make an^{ordcr of} rcfusal ancl recorded his reasons for such^{order in his Book} No.2, ar.rd cndorsc tl-re rvords "registration^{refused"on thc} docu mcnt; and, ott application^made by any^person

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:i_":fi:C^{or. claiming under. the documcnt,} shall, wrthout reasons l^T^T:i, so^artd recorded.^{unnecessarydelay, give frtm'} a-'ipv or tr.,.

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1. No registering oIficer shall acceot for re_i-r a the

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documint "o" ""J".".a';,""1"X;'"rl,,,il",l[il.r" provisions hereinafter contained, tf_,"' ao.i_""t Ii 0,.". 1ed to be registered.

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In view of the above made submissions coupled n,ith the provision under Section 7l of the Act, l9Og, this Writ petition is disposed ol directing the Registering Authority ro rece jvc. rcgistlr and release the subject document, subject to the pc[itior)cr complying with the provisions of the Act, 1908 as ri,ell as (he Indian Stamp Act, 1899. It will be open to rhe Rcgis te rin g Authority to refuse the document prcsented beforc him, i[ hc has any objection, by duly assigning reasons in support ol such dccision and communicate the said decision to the petitioncr. It is rnade clear that this Court has not expressed anv opinron on merits of the case as to the entitlement of the pctitioncr to get thc subject document registered. No costs.

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Miscellaneous petitions, if any, pending rn this n,rit petition shall stand closed.

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SD/.T.SRINIVAS DEPUTY REGISTRAR //TRUE COPY// Y SECTION^OFFICER

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to ', The Principal Secretary, Revenue (Stamps and Registration)' Secretariat' Hyderabad, State of^Telanqana

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The Commir.,on"r^{rnJ inl-p"ctorGeneral of Regrstraton and Stamps'} Hyderabad, Telangana.

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3 The Districi Collector,^{Khammam District'}

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a. fhe Joi"i Suo-Registrarnahsild-ha-.r,L(hammam^{Ruraland District} s one Cc to snt v Ve rlxnrA^{MAYUR, Advo-ctte.loPUCl} 6. Two CCs to Gp FORBilMijdnr.rO'nrC'rbinATlON^{High Court for the} State of Telangana, at Hyderabad' [OUT]

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1. Two CD Copies

PSK 4

II t

HIGH GOURT

DATED:1910412023

ORDER

WP.No.I0664 ot 2023

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DISPOSING OF THE WRIT PETITION AT THE ADMISSION STAGE WITHOUT GOSTS. (,{'^I o

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?

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