Allowed

Naveen Soma Sunder Rao v. the State of Telangana

Telangana HC20 Apr 2023WP/10888/2023

Case brief

AI extract

What is this about?

Writ petition seeking direction to register a sale deed. Court disposed of the petition at admission, directing the registering authority to receive and register the document under Section 71 of the Registration Act, 1908, while reserving merit. Dismissed with no costs.

What did the court decide?

Writ petition disposed of directing the registering authority to receive, register and release the sale deed, subject to compliance with the Registration Act, 1908 and Indian Stamp Act, 1999.

Naveen Soma Sunder Rao Vs the State of Telangana — Property and Title | Telangana HC (2023)

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[^32s6 ]

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

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THURSDAY ,THE TWENTIETH^{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 PETI TION NO:^{10888OF 2023}

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Between:

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Naveen Soma Sunder^{Rao, S/o. Soma Sunder Rao, Aged 47 Years,} b-cupation Business,^{Rl/o. Flat No- 102, Tulja Bhavani Towers, HNo'} 12-7- 4- 4/1- 2, New Meftuguda, Secunderabad.

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...pETtTtONER

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AND

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1 The State Of Telangana, Rep^{By lts Principle Secrectary, Stamps And} Registration Departhent, Secratrariat,^nV-O-"tgUg9 ^

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2 Thd Sub Registiar, Shamirpet,^{Medchal-Ivlalkajgiri District,Telangana}

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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 issue a writ, order or direction^{more particularlyone in the natureof} writ of lr,4andamus Directing^{Respondent No. 2 to Receive,Register, Release the} Sale Deed^presented by^{petitioner Pertainingto Total Property H. No. 16- 95/28,} (old),1\IunicipalNo.3l-568,(New),(PTtNNo-'1264130309),insurvevNo' 14-ig1 , totai land admeasuring^{255 squareyards, situated at Balaji Nagar,} Santosi-r Nagar Colony,^{Jawahar Nagar,Kapra ItIandal,lt/ledchal-lvlalkajg iri} District, Telangana in accordance^{with law} 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.Highcourt may be pleased to} pass an interim direction there by directing^{the 3'o respondent herein to receive,} iegister and release the Sale^{deed presentedby petitionerin respect of Total} Pioperty H. No. 16-95/28,^{(old), IvlunicipalNo 31- 568, (New),(PTIN No-} 126413b309), in survey No. 14-381,^{totalland admeasuring 255 square yards,} situated at Balaji Nagai, Santosh^{Nagar Colony, JawaharNagar, Kapralt/andal.} tr.4ed ch a l- tvl alkaj^gi ri D istrict, Telanga^na

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Counsel for the Petitioner: SRl. RACHAKONDA^RAMAKRISHNA Counsel for the Respondents: AGP^{FOR STAMPSAND REGISTRATION}

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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 PETITION No.! 0888 of 2023

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ORDER:

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Heard learned counsel for thc pctitioncr and learned Assistant Government Pleader 1br Stamps and Registration appearing for the respondents, With their consent. this writ petition is disposed of at the stage of actmission_

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Aggrieved by the acLion of respondent No.2 in refusing to receive, register and release thc r.locument submiLted by the petitioner for registration in respect ol' H.No. 16-95i 2g (Old), Municipal No.31-568 (New) (pHN No. 1264 t3O3O9) in Survey No.14-38 1, total land admeasuring 255 sq. yzrrds, situated at Balaji Nagar, Santosh Nagar Cokrnv, .Iau.ahar lrlagar, Kapra Mandal, Meclchal - Malkajgiri District, rhe peririoncr hlecl the present writ petition.

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The Assistant Government Pleader has stalecl that the respondents will lollorv the proccdure contcmplated under Section 71 of the Registration i\ct, 19Og (lor short, ,the Act, 19o8).

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Section 71 of the Act reads as follog.s:

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Reasons for refur;al to r,.'gister to bc recorciecl.(t) Every Sub Registrar refusing to register a documenr, except on the ground that thc property to ."r,hrch rr rcl:rtcs is not

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(

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situated within his sub-district shall makc an order of refusal arrd recorded his rcasons for such order in his Book No.2, and endorse the words "."grat.uti"" ."i"""a, on tfr" !ocu19nt;^{and, on application} -.a"^ty':"i| p.."o., executing or ^{claiming underLhc do..,}".rt,' shati *ittrout paJment and unnecessary delay, give hirrr a .opy of tfre reasons so recorded.

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2)^No registering officel shall accept for registration a provisions document hereinafter. so endorsecl contained, ttre urrl.ss ar_rd aocument "",iil.,]rra". i"'ii.."t"a,t " to be registered.

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In view of the above made submissions coupled rvith the provision under Section 7l of thc nct, l9Og, this writ petition is disposed of directing rhe Rcgistering Authority to reccive, register and release the subjcct clocumcn t, suhle ct to the petitioner complying with the provisior-rs ol the Act, lgOg as well as the Indian Stamp Act, 1g99. It r.r,ill be open to the Registering Authority to refuse thc documcnt prcse.tcd bcfcrrc him, if he has any objection, by duly assrgninu reasons in support of such decision and communicate thc saicl dccision to the petitioner It is made clear that this Court has not expressed any opinion on merits of the case as to thc cntitle ment of the pctitioner to get the subject document registcred_

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Miscellaneous petitions, if a n-r,, pcnding in this writ petition shall stand closcd.

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SD/.T.TIRUMALA D ASSISTANT REGIS //TRUE COPY//

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SECTION FFICER

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To,

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The Principle secreclary, stamps And Registration Department, secratrariat, T.S.,Hyderabad

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? Jhq^{S^r^O} feOls[a,^s1gTlp.e],^ru.qq!hgt-^{rvlatkajgiriDistrict, Tetansana.} 3. two ccs to Gp FOR STAMPS AND REGtSTRAttOru ,Uigrr Cou"d for the State of Telanoana.at Hvderabad IOUTI

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One CC to SRt. RACHAKONDA rinrilekntsuruA, Advocare topucl 5. Two CD Two CD CD Cooies

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Two CD Two CD CD Cooies

SB <-:j

HIGH COURT

DATED:2010412023

ORDER

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WP.No.10888 of 2023

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DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS

Naveen Soma Sunder Rao v. the State of Telangana

Case brief

What is this about?

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Naveen Soma Sunder Rao v. the State of Telangana

Case brief

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