Disposed

Amrutha Narsimha v. The State of Telangana and 2 others

Telangana HC8 Feb 2023WP/1541/2023

Case brief

AI extract

What is this about?

Writ petition challenging refusal to register a Gift deed. Court disposed of petition directing authority to receive and register document subject to Act compliance, reserving merit.

What did the court decide?

Directing the Registering Authority to receive, register and release the subject Gift deed, subject to Petitioner complying with the Registration Act, 1908 and Indian Stamp Act, 1899.

Amrutha Narsimha Vs The State of Telangana and 2 others — Property and Title | Telangana HC (2023)

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t³²⁵⁶ I

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD^'/.

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(Special Original Jurisdiction)

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WEDNESDAY, THE EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENry THREE PRESENT

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THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR^,- WRIT PETITION NO:1541 OF 2023

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Between:

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Amrutha Narsimha, S/o Nagaiah R/o H. No. 2-371512, Sai Nagar, Chaitanya Puri, Dilsuknagar, Hyderabad -500 060

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...PETITIONER

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AND

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'1. The State of Telangana, Represented by its Principal Secretary Department of Revenue, Dept., Secretariat Building, Saifabad, Hyderabad.

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The District Collector, Yadadri Bhongiri District, Bhongiri Town, TS

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The Tahsildar, (Sub Registrar), Choutuppal Mandal , Yadadri Bhongiri District, TS

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...RESPONDENTS

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Petition under Article 226 ol 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 or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the Respondent No. 3 in not entertaining to receive the Gift deed and complete the formalities for Registration in respect of Ac. 9.33^gts out of Ac. 14.39 Gts in Survey No. 505 of D. Nagaram Village, Choutuppal Mandal, Yadadri Bhongiri District and consequently to direct the Respondent No. 3 to receive and register the Gift deed being presented by the Petitioner,

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lA NO:^'l 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. 3 to register the Gift deed in respect of House Ac. 9.33 Gts out of Ac. 14.39 Gts in Survey No. 505 of D. Nagaram Village, Choutuppal Mandal, Yadadri Bhongiri District;

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Counsel for the Petitioner: SRI. V MURALI MANOHAR

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Counsel for the Respondent No 1: GP FOR COMMERCIAL TAX

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Counsel for the Respondent Nos 2 & 3: GP FOR REVENUE

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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.1541 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 ol at the stage of admission.

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Aggrieved by the action of respondent No.3 in refusing to receive, process and register the subject document presented by the petitioner for registration ln respect of land admeasuring Ac.9-33 guntas orit of Ac.14-39 guntas in Survey N.505 of D.Nagaram Village, Choutuppal Mandal, Yadadri Bhongiri District, the petitioner filed the present writ petition.

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Learned 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, 1908).

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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 u.ithin his sub-district shall make al order of refusal and recorded his reasons lbr such order in his Book No.2, alrd endorse the words "registration refused" on the document; and, on application made by any person executing or claiming under the document, shall, without paJrment and unnecessary delay, give him a copy of the reasons so recorded.

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(2) No registering offrcer sha-ll accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be rcgistered.

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In view of the above made submissions coupled with the provision under Section 71 of the Act, 1908, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document, subject to the petitioner complying with the provisions of the Act, 1908 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 communicate the said decision to the petitioner. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioner to get the subject document registered.

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Miscellaneous Petitions, if any, pending in this writ^petition shall stand closed.

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SD/-MOHD. SANULLAH ANSARI ASSISTANT REGISTRAR //TRUE COPY//

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SECTI OFFICER

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To, 1. The Principal Secretary Department of Revenue,Dept., Secretariat Building, Saifabad, State of Telangana, Hyderabad.

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1. The District Collector, Yadadri Bhongiri District , Bhongiri Town, TS 3. The Tahsildar, (Sub Registrar), Choutuppal Mandal , yadadri Bhongiri District, TS

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One CC to SRl. V MURALT MANOHAR Advocate tOpUCl

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Two CCs to GP FOR COMMERCIAL TAX, High Court for the State of Telangana, Hyderabad. [OUT]

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Two CCs to GP FOR REVENUE, High Court for the State of Tetangana, Hyderabad. [OUT]

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Two CD Copies

HIGH COURT

MSK, J

DATED: 0810212023

ORDER

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WP.No.1541 ot 2023

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WP IS DISPOSED OF WITHOUT COSTS

Amrutha Narsimha v. The State of Telangana and 2 others

Case brief

What is this about?

What did the court decide?

Amrutha Narsimha 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

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