Allowed

Chintha Surya Abhinaya Reddy v. The State of Telangana

Telangana HC2 Feb 2023WP/2392/2023

Case brief

AI extract

What is this about?

The High Court of Telangana disposed of a writ petition challenging the refusal by the Joint-Sub-Registrar to register a sale deed. Directing the Authority to receive and register the document upon compliance with the Act, while expressly reserving opinion on the merits.

What did the court decide?

Directing the registering authority to receive, process, register and release the subject document, subject to compliance with the Act.

Chintha Surya Abhinaya Reddy Vs The State of Telangana — Property and Title | Telangana HC (2023)

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[³²⁵⁶ ]

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

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THURSDAY, THE SECOND DAY^{OF FEBRUARY} 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 PETITION NO: 2392 OF 2023

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Between:

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Chintha Surya Abhinaya Reddy S/o Chintha^{Radha Reddy, Age 4'l years,} Occ: Busin'ess, R/o.H.No.8-^{j-236/1/106. VishnuHomes,Yousufguda} Hyderabad.

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..PETITIONER

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AND

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1 The State of Telangana. Rep by its^{PrincipalSecretary Stamps and} Regiskation Department, Secretariat,^Hyderabad.

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2 The Director General Stamps and^{Registration Department,, Government of} Telangana, Hyderabad.

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,J. The Joint -Sub-Registrar-1, Rangareddy^District.

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...RESPONDENTS

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Petition under Article 226^{of the constitutionof lndia praying that in the} circumstances stated in the^{affidavit filed therewith,the High Court maybe} pleased to issue any order or direction writ or.writs^{more particularly on in the} nature of wRlT oF MANDAMUS^{declaringthe action of the Respondent No.3 in} not receiving,^{processing and Registering the sale deed presentedby petitioner} vendor, for Registration of undivided^{land admeasuring 50.Sq.yards, fromout of} 1163.sq.yards in Sy.No.27,^{situated at Gachibowli Village,Serilingampally} Mandal, hangareddy District,^{under GHMC SerilingampallyCircle,Rangareddy} District, on thL^ground of^{NOC is illegal,arbitrary and violation of principles of} natural^justice, ii itlegat, arbitrary^{and violation of principles of naturaljusticeand} consequently to direit^{the RespondentNo.3 to receive, process and Register} and Release the Document^{presented by petitioner vendor.}

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lA NO: 1 OF 2023

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Petition under Section^{151 CPC prayingthat in the circumstancesstated} in the affidavit filed in support^{of the petition, the High court may be pleased to} direct the Respondent^{No.3 to receive, processand Register andReleasethe} Document presented by^{Petitioner vendor, admeasuring50 Sq yards, from out}

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of .1 163.sq.yards r Sv.No.27, situated at Gachibow, Viit,:9e, Serilingampalty Mandal, Rangaredrty District pending di;p;rJ;ii;; r//nt pet,t on Counsel for the pe titioner: SRt RAMACHANDRA RAO pAtt)t counsel for the Respondents: Gp FoR srAMps AND REGrsrRATroN The Court made th: fo owing: ORDER

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I I

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I I

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THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.2392 of 2023

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ORDER:

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Heard learned counsel for the petitioner and learned Government Pleader for Stamps and Registration appearing^for the respondenrs: With their consent, this 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 relcase the document submitted by the petitioner for regisration in respect of land admeasuring 50 sq. yards from out of 1163 sq. yards in Survey No.27 situated at Gachibowli Village, Serilingampally Mandal, Ranga^Reddy District, the present 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,} 1908).

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Section 71 of the Act reads as follows:

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Reasons for refusa1 to register to be recorded.-

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(I) Every Sub-Registrar refusing to register a document, except on the ground that the property to^{whichit relatesis not} situated within his sub-district sha,ll make^alorderof 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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ex( cuting or claiming under t]le documenl, slrarl. wirhout pa.ment and unnecessary delay, gire hrrr a copy oI thc rez sons so recorded.

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(2) No registering officer shall accept for :egi:ltration a do:ument so endorsed unless ald urtil, under the pr, ,visions hereinafter contained, the docul rL{:.nt is dirccted to oe registercd.

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in vie w ol the above made submissions coul)lecl with the provision u tder Section 71 of the Act, 1908, this r.r,rit petition is disposed of directing the Registering Authority to^.r:r;eir e, register and releas,: the subject document, subject to Lhe petitioner complying rith the provisions of the Act, 19Otj rt s ^.ell as the I ndian Sta rrp Act, 1 899. It will be open to J-r e Flegistering Authority t, r refuse the document presented befor: hirrL, if he has aly object on, by duly assigning reasons in s rirport of such decision at rd communicate the said decision to the petitioner. It is rnade clear that this Court has not expres:,erl any opinion on merits⁽ f the case as to the entitlement of the pctitioner to get the subject document registered.

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Misc :llaneous Petitions, if any, pendin I. in this writ

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petition sh Jl stand closed.

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SD/.K.VENKAIAH ASr,rsTANr REGIqTSAR //TRUE COPY' i,1 SEI]TION OF1FICER

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To, 1. The Principa Secretary Stamps and Registration Depa lnlen', The State of Telangana,^I ;ecretariat, HyderabadZ fnJO]rector General^{Starirps andRegistration Departnrent,(lovernment of} Telangana,^I lyderabad.

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The J6int^-S r6-Registrar-1,^{Rangareddy.District.}

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+. onl Cc to f Rl RA"MACHANDR-A^{RAo PAlDl, Advocal: loPVCl}

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6 iG ccsio cP FoR STAMPS^{AND REGlsrRATloN, tlighcourt for the} State of^Tek rngana at^Hyderabad. [OU!

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Two CD Co^ries

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CC TODAY

HIGH COURT

DATED:02102,2023

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ORDER

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WP.No.2392 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Chintha Surya Abhinaya Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Chintha Surya Abhinaya Reddy 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

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