Disposed

Bankuru Venkata Ramani v. The State of Telangana

Telangana HC19 Apr 2023WP/10665/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition filed regarding the refusal of a Sub-Registrar to register a sale deed of 500 sq. yards. The Court directed the authority to receive and register the document subject to compliance with the Registration Act and Stamp Act, while declining to opine on the merits of the refusal.

What did the court decide?

Order directing the Registering Authority to receive, register and release the subject document, subject to compliance with the Act and Stamp Act.

Bankuru Venkata Ramani Vs The State of… — Civil Procedure and Limitation | Telangana HC (2023)

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[^32s6 I

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HIGH COURT^{FOR THE} STATE^{OF TELANGANA} AT HYDERABAO (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 HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

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WRIT PETITION NO: 10665 OF 2023

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Between:

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Bankuru Venkata Ramani, W/o. B.^{Venkateswara Rao, Aged- 55 Yrs, Occ-} Housewife, Fi/o. HIG-102, Bharat^{Nagar, Near Vegetable Market, Hyderabad.}

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A. Rama Krishna, Sio. Late. A. Rajeshwar^{Rao, Aged-52 Yrs,Occ- Business,} R:/o. H.No- 6-+467, Flat No. 202,^Sai Comfort^{Homes, Krishna Nagar Colony,} Bholakpur, Secunderabad.

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...pETlroNERS

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AND

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The State of Telangana,^Rep by^{its PrincipalSecretary, Stamps3nq} . Registration Depar{ment, Secr6tariat^{Buildings, BRKR Bhavan, Tank bund,} Hyderabad.

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The Commissioner and lnspector^{Generalof Registrationand Stamps,M.J.} Market, Hyderabad, Telangana^State.

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The Sub- Registrar, Balanagar,^{Medchal- MalkajgiriDistrict.}

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...RES'oNDENTS Petition under Article 226 of^{the Constitutionof lndia praying that in} -the circumstances stated in the^{affidavitfiled therewith, the High Court maybe} pleased to pass an orde(s) or direction(s)^{more particularlyone in nature of writ} of Mandamus in declaring^{the actionof the 3rd Respondentin not receiving,} registering and releasing the^{saleDeed presented by the Petitioners in respect of} open land admeasuring^{500 sq. yardsin sy.No.252111112 situated at Moosapet} village, Kukatpally Mandal,^{Medchal -Malkajgiri Districtas illegal, arbitrary, without} jurisdiction and contrary to Sec.71 of^{RegistrationAct-'.t 908 and violation of Article} 14 of Constitution of^lndia

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lA NO: 1^OF 2023

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PetitionunderSection,l5lCPCprayingthatinthecircumstancesstatedin the affidavit filed^{in support of the petition,the High Court may be pleased to direct} the Respondent^{No.3 hereinto receive, register and release the SaleDeed} presented by the^{Petitioners in respectof open land admeasuring500Sq' yardsin}

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Sy.No. 252l1/1/2 situated at Moosapet Village,^{KukatpallyMandal, Medchal-} t\ilalkajgiri District

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Counsel for the Petitioner: SRI JAKKULA SRIDHAR

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Counsel for Respondents: AGP FOR STAMPS AND REGISTRATION

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The Court made the following: ORDER

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THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.10665 of 2o23 ORDER:

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Heard learned counsel for the petitioners and learned Assistant Government Pleader for^Stamps and^Registration appearing for the respondents. With their^{consent, t-his writ} petition is disposed of at the stage of admission.

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Aggrieved by the action of respondent No.3 in refusing to receive, register and release the subject document^presented by the petitioners for registration in respect of open land admeasuring 500 square yards in Survey No.252/1/112, situated at Moosapet Village, Kukatpally Mandal, MedchalMalkajgiri District, the petitioners filed this 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, 1908J.

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) )

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Section 71 of the Act 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 register a document, except on the ground that the property to which it relates is not situated within his sub-district shall make an order of refusal and recorded his reasons for such order in his Book No.2, and endorse the words "registration refused" on the document; and, on application made by any person

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-I

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c>:ccuting or claiming under the docrtmcnt, shall, without paymcnt arrd ur-rnccess:rry dclay. give him a copy of the reasons so recorded.

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(2) No registering ofircer shall accept for rcgistration a document so endorsed unless and until, under the pror.isions hereinaft,:r contained, the document is directcd to be registcred.

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,1. In view of the above made submissiotrs coupled with the provision under Section 71 of the Act, 1908, this writ petition is disposed of clirecting the Registering Authority^{to receive,register} and release the subject documcnt, subjcct to the^pctitioners complying with the provisions of the Act,^{19O8 as well} as^the Indian Stamp Act, 1899. It will be open to the^Registering Authority to refuse the document presented before him,^{if he has} any objection, by duly assigning reasons in^{support of such} decision and communicatc the said decision to the^petitioners. It is made clear that this Court has^not expressed^{any opinion} on merits of the case as to the entitlemel)t^{of the petitionersto} get the subject document registered.

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Miscellaneous Petitions, if any, pending in this^writ

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petition shal] staLnd cl9s9d. , _

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SIY-T.TIRUMALA^DEVI ASSISTANT^REGI

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/TTRUE COPY//

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SECTION^OFFICER

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to'', ,n" Commissioner and lnspecto{ General of Registration and Stamps' M J' ,^{yruSlrlft""J3?#; Jii3lSali i'31?n,' - r", *a j si ri D istri ct} 5- One CC^{to Sri Jakkula Sridhar Advocate [ut'u'.1} i. il;; 6d"^{r" cF?"lst#ir"niiHlgGt'iti"",Hishcourt for the state of} Telangana. [OUT] 5. Two CD^CoPies MBC SB *}z

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HIGH COURT

DATED: '1910412023

Si-r: a,
i, ; 24APil?Xfl )
!:
ORDER

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WP.No.10665 of 2023

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DISPOSING OF THE WRIT PETITION

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WITHOUT COSTS

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oty'
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Bankuru Venkata Ramani v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Bankuru Venkata Ramani v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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