Dismissed

Bommaveni Shobha v. The State of Telangana

Telangana HC6 Jul 2023WP/17387/2023

Case brief

AI extract

What is this about?

High Court held that Sub-Registrar cannot refuse to register documents without assigning reasons under Section 71 of the Registration Act, 1908 and directed the registering authority to receive and register compliant documents.

What did the court decide?

Direction issued to the registering authority to receive and register the submitted documents if they comply with the Registration Act, 1908 and Indian Stamp Act, 1899, requiring reasons in writing fo

Bommaveni Shobha Vs The State of Telangana — Writ and Judicial Review | Telangana HC (2023)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (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: 17387 OF 2023

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Between:

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Bommaveni Shobha, Wo Srinivas, Aged about^{44 yrs., Occ. Housewife, R/o} Ithupally village, Pegadapally Mandal, Karimnagar District.

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...PETTTTONER(S)

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AND

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1 The State of Telangana, Rep by its^{Principal Secretary, Revenue, Registration} and Stamps Department, Secretariat buildings,^Hyderabad.

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a The District Registrar of Assurances, Registration and^{Stamps Department} Karimnagar Town and District, Karimnagar,^Telangana

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J The Sub Registrar, Gangadhara, Gangadhara Mandal,^{Karimnagar District.}

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...RESPONDENTS

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Petition under Article 226 of lhe 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 by declaring the action of the^{3rd respondent in refusingto} receive ihe documents^presented by the^{petitionerfor registrationin respectof} residential Plot an extent of 242 sq.yds equivalent to^{203sq.mts situatedin Sy} No.58 of Rekurthy Village and Gram^{Panchayat, KothapallyRevenue Mandal,} Karimnagar District Gangadhara Sub Registrars^{area withoutassigningany} reason as being illegal, without^{jurisdictionand contraryto the ProvisionsSec} 71(1)(2) of the Registration Act and consequently^{direct the 3rd respondentto} receive the documents^presented by^{the petitionerfor registrationof residential} Plot an extent of 242 sq.yds equivalent^{to 203 sq.mts situated in Sy No.58 of}

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Rekurthy Village ancl 3ram Panchayat, Kothapally Revenue^{lVlandal,Karimnagar} District Gangadhar Sub Registrars area.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC^praying thatⁱⁿ the^{circumstancesstated} in the affidavit filed in support of the^petition, the^{High Courtmay be pleasedto} direct the 3rd respondent to receive^forthwith. and^{register the document} presented for registralion by the^petitioner in respect of^{residentialPlot 281 an} extent of 242 sq.yds equivalent^{to 203 sq.mts situatedin Sy No.58of Rekurthy} Village and Gram Panchayat,^{KothapallyRevenue lvlandal, Karimnagar District} Gangadhar Sub Registrar's^{area, pending disposal of the writ petition.}

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Counsel for the Petitioner^: SRI^{N.MUKUND REDDY}

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Counsel for the Respondents: SRI^{DILIP KUMAR BOMMANA,} ASST. GP FOR STAMPS AND REGISTRATION

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The Court made the following: ORDER

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HON'BLE DT. JUSTICE CHILLAKUR SUMALATHA

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WRIT PETITION No.l738Z of 2o23

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ORDER:

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Heard Sri N.Mukund Reddy, le{ned counsel for the petitioner as well as Sri Dilip Kum$ Bommana, learned Assistant Government Pleader for Starnft and Regtstration, who is representing Respondent Nos.1 to *

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Aggrieved by the action of Respondent No.3 Sub-Registrar, Gangadhara, Karimnagar District, in refusing to receive the documents presented by the petitioner for registration in respect of residential plot to an extent of 242 Sq.yards, located in Sy.No.58 of Rekurthy Village, Kothapally Mandal, Karimnagar District, the present Writ petition is fiied.

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Learned counsel for the petitioner submits that the documents presented by the petitioner^.for registration u,ere not entertained by the Registering Authority for ttre reasons best known to it. Learrred counsel also states that no reasons are assigned for not entertaining the documents that are presented for registration by the petitioner, which is against the provisions of the Registration Act, 19Og and therefore, a direction to the appropriate authorit5r to entertain the documents for registration may be issued.

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r-t

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Dt CSi.) w P.No 17387 202 3

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Learn,:d Assrstant (lovernment pleadcr for Stamps and Registration subm its lha I necessarv orders in that regard mav be given.

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Section 7l of the Rcgistration Act, 190g, reads as

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folloq,s: -

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"Reasons for refirsal to r.r:gister to be recorded.-

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(J)EveI1 Sub Rcgistrrrr refusing to register a document, exceFt on thc grourtrl that the property to which it relates rs not situated ,,,,,ithrn I'ris sub-district, shall make al order of relusal and rccord l.ris reasons for such order in his Book No.2, and enrlorse the words "registration refused,, on thr' document I and. on application made by €rny person execuring or clarrniug under the document, sha-Il, wrthout paym('nt and unner.cssitry delay, give him a copy of the re:tsor s so recordcci .

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(2) No ri:gistering oflrr:cr shall accept for registration a docunrent so endorsed unless and until, under the provis,ons hereinafte r contained, the document is directed to be r,'gstercd.^'

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6 . The Registering Aut hority is not empowered to refuse registration ol- document/ s except under the circumstances mentioned under the Registration Act, lgog and the Rules made thereun<ler. Also, as per the version of the petitioner, no reasons are assigned for n ot entertaining the dOcuments which are presented for registration by [he petitioner.

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El.

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Dr.CSL.l W.P.No 17347 2023

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Thcrefore, this Court is of the vies that directions as^pra'"'ed for have to be given to the Public Authority directing^itto perform its function as required^{under law}

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Hence, this Writ Petition is disposed of with^the following direction:-

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Registering Authoritg is directed to recetue^{and register} the documents presented bg the petitioner in^respect of subject land, in case the said documents complg^tuith the prouisions of the Registration Act, 1908, and the Indian Stamp Act, 1899. The Regi,steing Authoity can refuse to register the documents in case tlrc documents are prohibtted for registration under any of the prouisions of lau, Rules or Regulations made there under. Hou.teuer, the reasons assigned thereof and the decision shall be communicated to the petitionerⁱⁿ uLriting. There shall be no order as to costs.

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Miscellaneous petitions pending, if any, shall^stand

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AND^{RASEKH AR} closed. SD,-N. ANT REGI SIST R ITTRUE^COPY,, SECTION To, 1 LT*'

BSK

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HIGH COURT

DATED:0610712023

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ORDER

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WP.No.17387 of 2023

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DISPOSING OF THE WRIT^PETITION WITHOUT COSTS

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Bommaveni Shobha v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Bommaveni Shobha v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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