Allowed

Kasturi Srimanjari v. The State of Telangana

Telangana HC6 Jul 2023WP/15686/2023

Case brief

AI extract

What is this about?

In this writ petition challenging the refusal to register a gift settlement deed due to a dispute over land classification between the petitioner and registration authorities, the High Court directed the Sub-Registrar to receive the document for registration if the land is not classified as agricultural in the Dharani portal, subject to compliance with statutory provisions. Costs were waived.

What did the court decide?

The Sub-Registrar was directed to receive the gift settlement deed for registration if the land is not found as agricultural in the Dharani portal, provided provisions of the Registration and Stamp Ac

Kasturi Srimanjari Vs The State of Telangana — Property and Title | Telangana HC (2023)

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[^320e ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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THURSDAY,THE SIXTH DAY OF JULY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA

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WRIT PETITION NO: 15686 oF 2023

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Between

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Kasturi Srimanjari, Wo late Srinivas, Aged about 54 years, Occ Housewife, Rt/o. Arvindnagar, Jagityal Town and District

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...PETITIONER

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AND

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'l . The State of Telangana, Rep. by its Principal Secretary. Stamps and Registration Department, Secretariat Building, Secretariat, Hyderabad.

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The Commissioner and lnspector General, Stamps and Registration Department, Telangana, Nampally Hyderabad.

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The District Collector,, Jagityal, Jagityal District.

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The Dishict Registrar,, Stamps and Registration Department. Jagityal, Jagityal District.

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The Sub-Registrar, Jagityal, Jagityal 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 issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.S in non-entertaining the registration and non-initiating to process the registration on. the land of the Petitioner to an extent of Ac. 0-18 gts in Sy. No. 408/AA, which is situated at Mothe village of Jagithyala Mandal and District and non-initiating to transfer the land of the Petitioner on the name of her daughters by name Sindhuja and Saipriya is illegal and arbitrary and violation of Articles '14, 15,21 and 300-4 of the Constitution of lndia and also violation of Principles of Natural Justice and consequently direct the

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Respondent No 5 to receive the document and process the Gift Settlement Deed on behalf of the Petitioner daughters.

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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. 5 to receive the document and process the Gift Settlement Deed on behalf of the Petitioner daughters on her land to an extent of Ac. 0-18 gts in Sy. No. 408/AA, which is situated at Mothe village of Jagithyala Mandal and District , disposal of the writ petition.

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Counsel for the Petitioner: SRl. RAPOLU BHASKAR

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Counsel for the Respondents: SRI B DILEEP KUMAR FOR AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER

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HON'BLE DT. JUSTICE CHILLAKUR SUMALATHA

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WRIT PE TITION No 15686 of 2023

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ORDER:

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Heard Sri K. Rapolu Bhaskar, learned counsel for the petitioner, as well as Sri B.Dileep Kumar, learned Assistant Government Pleader for Stamps ald Registration, who is representing respondent Nos.1 to 5.

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Aggrieved b_y the action of the Registering Authority in refu sing to receive and register the gift set ement deed presented by the petitioner in respect of the land admeasuring Ac.O-18 g-untas in Sy.No.4Og/AA of Mothe Village of Jagtial Marrdal and District, the present Writ Petition is filed.

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lrarned counsel for the petitioner states that on the ground that the subject property is an agricultural land, the Sub-Registrar is not entertaining the document for registration, and on the ground that the subject property is converted into plots, the Tahsildar concerned is not entertaining the document for registration, which is highly unjustiliable. Learned counsel also submits that the subject property is found in Dharani portal as "house plots,,. Learnert

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I ( I

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Dr^('.\1..) l'l/.1' .\o I 568( of )02 J

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counsel therclore, seel<s to direct the Registering Authorit-v concerned to entertain thc gift settlement deed presented bV the petitione r for regrstrarion.

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Learned ,\ssistar-rt Ccrve rnment pleader for Stamps and Registration s,ubmits thar as the Government has appointed Tahsildars of the concr:rned Mandals as Tahsildars_cum_ Joint Registr:rrs in resp€ror of agricultural lands, the Sub_ Registrars ar-e not enlertaining registration of lands. However, learned Assistat)t Government pleader for Stamps and Registration fairlv corrceded that the subject property is not figured in Dharani porrai as agricultural land.

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Having <:onsidered the submissions thus projected in respect of the subject property and as it is incumbent upon either the Tal-rr;ildar c,m-.Jornt Registrar or the Sub_Registrar to entertain the documents presented for registration as per their jurisdicticn, thi s Cor rrr considers it desirable to direct the Registering Authority to entertain the gift settlement deed for registration in case, the said document is in compliance of the provisions of the Registration Act, l90g and the Indian Stamp Act, 1899, and releasc the said document.

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Dr^('SL. J ll' P No. 15686 of2a2J

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Resultantlr', the Writ petition is disposed of vvith the foilowing direction:-

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Registering Authoity i.e., respondent No.4_Sub_ Registrar, Jagtial, Jagtial Distrtct, is directed. to receiue the gift settlement deed. that uould. be presented bg ttrc petitioruer for registration in respect of tlrc subject land, in case the subject propertg ts not found^{in Dharani} portal as " agicultural land,,. He shall houteuer proceed with th.e registration onlA on compliance of tLrc prouisions of the Registration Act, 19OB and Indian Stamp Act, 1g99. The petitioner shall pag Nala charges tuithout resistance as and. u.then directed. -l[o cosfs.

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Miscellaneous petitions pending, if .ny, shall stand

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closed.

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//TRUE COPY//

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SD/. P. PADMANABHA BEDDY ASSISTANT REGISTRAR dt*

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SECTION OFFICER

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To,

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The Principal Secretary.^{Stamps and RegistrationDepartment,Stateof} Telangana, Secretariat^{Building, Secretariat, Hyderabad.}

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The bommissioner and^{lnspector General,Stamps andRegistration} Department, Telangana,^{Nampally Hyderabad'}

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The District Collector,,^{Jagityal, Jagityal District.}

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The District Registrar,, Stamps^{and Registration Department' Jagityal, Jagityal} District.

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5 The Sub-Registrar, Jagityal,^{JagityalDistrict.}

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6 One CC to SRl. RAPOLU^{BHASKAR, Advocate.[OPUC]} 7 Two CCs to GP FOR^{STAMPSAND REGISTRATION,High Court for the} State of Telangana at^Hyderabad. [OUI

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8 Two CD Copies

SB GJP./ t

HIGH COURT

DATED:0610712023

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ORDER

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WP.No.15686 of 2023

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DISPOSING OF THE WRIT PETITION WITH OUT COSTS

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tt.-
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Kasturi Srimanjari v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Kasturi Srimanjari 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

Coram

Case details

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