Allowed

Gopu Sagar Pavan Kumar Reddy v. State of Telangana

Telangana HC4 Sept 2023WP/24441/2023

Case brief

AI extract

What is this about?

The High Court of Telangana directed the registering authority to receive, register, and process the petitioner's sale deed for specific land plots. The order mandates compliance with Section 71 of the Registration Act, 1908, allowing registration without reference to a specific District Collector's notification dated 26.09.2013, provided the petitioner complies with applicable laws. The court cla

What did the court decide?

Directed the Registering Authority to receive, register, and process the subject document without reference to the District Gazette Notification dated 26.09.2013, subject to compliance with the Act an

Gopu Sagar Pavan Kumar Reddy Vs State of… — Civil Procedure and Limitation | Telangana HC (2023)

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[³²⁵⁶ ]

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HIGH COURT FOR THE S ITC OT TELANGANA AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

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WRIT PETITION NO.2⁴⁴⁴¹ oF 2023

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Between:

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Gopu Sagar Pavan Kumar Reddy, S/o G.^{Mar Reddyaged about41 yearsRyo 1-8-1,} Mlc-ll, B:18, F-1^'l Bagh Lingampally,^Hyderabad

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...PETITIONER

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AND

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State of Telangana, rep. by its Principal Secretary^{to Government,Reyenue} (Stamps and Registration) Department Secretariat, Hyderabad

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The District Registrar, Stamps and Registration^{DepartmentRangaReddy} District

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The Sub-Registrar, Stamps and Registration^{Department SRO, Shamshabad,} Ranga Reddy

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...RESPONDENTS

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Petition under Article 226 of the Constitution^{of lndia prayingthat in the} circumstances stated in the affidavit^filed therewith,^{the High Court maybe} pleased to issue an appropriate writ or order or direction more^{particularly one in} the nature of WRIT OF MANDAMUS to declare^{the actionof the 3rd Respondent} in not registering the Sale Deed^{presented by the Petitioner in respectof Plot No.} 204 and 2'19 forming^part of Survey No.^{103/79, 103/81/A, 1O3l81lAA'103177'} 1O3l7S, 103t1, 103/80/4 and 103/80/AA admeasuring^{400 Sq Yds. and300} Sq.Yds. respectively in Satya Sai. NRI^{Anand Nagar (lnfocity) situatedin} Shamshabad Village and Gram Panchayat, Shamshabad^{Mandal,Ranga Reddy} District on the ground of issuance^{of Notification dated 26.09.2013 issuedby the}

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District Collector, Ranga Reddy District as illegal, arbitrary, violation of principles of natural^justice and contrary to the provisions of Registration Act,^'1908 and consequentially direct the Respondents 2 and 3 to register and release the documents presented by the Petitioner in respect of aforesaid land without reference to Notification dated 26.09.2013 issued by the District Collector, Ranga Reddy District in the interests of justice,

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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 3rd Respondent to receive, register and release the Sale Deed presented by the Petitioner in respect of Plot No. 204 and 219 forming part of Survey No. 103179, 1O3l81lA, 103/81/AA, 103177, 103178,^'103/1, 103/80/A and '103/80/AA admeasuring 400 Sq.Yds. and 300 Sq.Yds. respectively in Satya Sai NRI Anand Nagar (lnfocity) situated in Shamshabad Village and Gram Panchayat, Shamshabad Mandal, Ranga Reddy District.

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Counsel forthe Petitioner: SRI P. PANKAJ REDDY

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Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION

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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 .24441 of 2023 ORDER:

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Heard learned counsel for the petitioner and learned Assistant Government preader for stamps and Registration appearing for the respondents.

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This Writ Petition is hled seeking a writ of mandamus to direct respondent No.3 to receive, register and release the sale deed presented by the petitioner in respect of plot Nos.2O4 and 219 forming part of Survey No.103/79, tO3/8t/A, tO3/81 /AA, ro3/77, ro3/78, to3/1, to3/80/A and 103/80/AA, admeasuring 400 squa_re yards and 3OO square yards, respectively in Satya Sai NRI Anand Nagar (Infocity), situated at Shamshabad Village and Gram panchayat, Shamshabad Maldal, Ranga Reddy District.

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The main grievalce of the petitioner is that respondentNo.3 is refusing to receive, register and release the document submitted by him for registration in respect of in respect of aforesaid property based on the notification dated 26.O9.2013.

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Learned counsel for the petitioner has submitted that on earlier occasion, this Court in W.p.No.17O50 of 2O19, dated

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09.08.20 19, and W.P.No.230 1 of 2020, dated 05.02.2020, has passed orders directing registration of the documents presented or pending before the authorities

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The above position is not disputed by the learned Assistant Government Pleader for Stamps and Registration and he fairly conceded for passing similar order in this writ petition and stated that the ofhcial respondents will follow the procedure contemplated under Section 71 of the Indian 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 within his sub-district shall make an order of 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 executing or claiming under the document, shall, without palment and unnecessarJr delay, give him a copy of the reasons so recorded.

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(2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.

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In view of the above submissions made by both the parties coupled with the provision of Section 71 of the Act, i908, the writ petition 1S disposed of directing the Registering Authority to receive register and process the subject document, without reference to the District Gazette Notilication, dated 26.O9.2013, subject to the petitioner complying with the

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J l

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provisions of the Act, 1908, and the Indian Stamp Act, 1g99. It will be open to the Registering Authority to refuse/receive the document presented before him, if he has ary other objection by duly assigning reasons in support of such decision and communicate the said decision to the petitioner. It is made clear that mere registration of document does not confer title to the property. It is also made clear that this order does not preclude the Government/District Cotlector to take appropriate steps as warranted by law and to assert its title. If any proceedings/ suit/ appeal is pending between the executant of the document/ Government or any other interested party, the registration of the document will be subject to the result of that proceedings/ suit/ appeal.

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Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. No costs

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SD/-T. TIRUMALA^DEVI ASSISTATIREGlSTRAR //TRUE COPY// ^""';;H;;;; I

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To,

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l.ThePrincipalSecretarytoGovernment,Revglu.e(StampsandRegistration) Department, State of^{T6langana, Secretariat, Hyderabad}

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The District Registrar,^{Stamps and Registration DepartmentRangaReddy} District

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The Sub-Registrar,^{Stampsand Registration DepartmentSRO, Shamshabad'} Ranga ReddY

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One CC to^{SRI P. PANKAJ REDDY,Advocate [OPUC]}

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Two CCs to^{GP for Stampsand Registration,High Court for the State of} Telangana at^HYderabad [OUT]

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Two CD Copies

MP BS

HIGH COURT

DATED:0410912023

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ORDER

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WP.No.24441 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Gopu Sagar Pavan Kumar Reddy v. State of Telangana

Case brief

What is this about?

What did the court decide?

Gopu Sagar Pavan Kumar Reddy v. State of Telangana

Case brief

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What did the court decide?

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