Allowed

DamuluriNarahari v. The State of Telangana

Telangana HC3 Oct 2023WP/27331/2023

Case brief

AI extract

What is this about?

This Court allowed a Writ Petition, setting aside an order of refusal to register a Sale Deed. The refusal was based on letters and a Government Order that had already been declared unsustainable and set aside in a batch judgment. The registering authority was directed to register the document.

What did the court decide?

The Refusal Order directed to Respondent No. 3 is set aside. The registering authority is directed to receive and register the Sale Deed without reference to the impugned letters and Government Order.

DamuluriNarahari Vs The State of Telangana — Civil Procedure and Limitation | Telangana HC (2023)

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[^320e ]

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

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TUESDAY ,THE THIRD DAY OF OCTOBER 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: 27331 0F 2023

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Between:

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DamuluriNarahari, S/o.LateVenkata Rao, Aged 44^{years,Fl/o.Flat} No.501, Venkata Rama Residency, Narayana Reddy Colony, Nizampet, R.R,District.

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Damuluri Harikishor Babu, S/o.LateVenkata Rao, Aged 43^{years,Rl/o.Flat} No.527, Near Vasi Reddy Sweets, Pragathi Nagar, Nizampet, R.R.District, Telangana.

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...PETITIONER'S

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AND

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The State of Telangana, rep. by its Principal Secretary, Revenue^(Stamps and Registration) Department, Secretariat, Hyderabad.

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The Commissioner and lnspector General of Registration and Stamps,, Hyderabad, Telangana.

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The Joint Sub-Registrar, Sangareddy, Telangana State

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The District Collector, Sangareddy, Sangareddy District,^{TelanganaState.}

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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 maybe} pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in^refusingthe registration of sale deed on the^ground of issuance of^{Lr. No. F112051/O6,dated28-} 11-2006 and 2810112017 read with G.O.M.S.No.1077^{dated07l08l2OO7 as illegal,} arbitrary against the^provisions of Registration Act and^StampActas unconstitutional being in violation of Articles^14,21 of^{the Constitution of lndiaand} consequently direct the 3rd Respondent to register the Sale^{Deed presentedby} the petitioner in respect of Open Plot bearing^{No.45-Gin Block-Gin Sy.No.342} admeasuring 500 Sq.^yards which is equivalent to^{418.00 Sq. Meters situated at} Tellapur Village, Ramachandrapuram Mandal, Under the City^{Municipal Limits of} Tellapur Village Municipality, Sangareddy District,Telangana^{State., without}

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--?'

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reference to the [-r.No.F112051106, daled 2g111/2006 and 28101/2017 read with G O tt/,S.No.1077 dated At lOBl21Ot.

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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 3rd Respondent to register the sale Deed presented by the petitioner in respect of open Plot bearing No.45-G in Block-G in Sy.No.342 admeasuring 500 sq. yards which is equivalent to 418.00 Sq. Irrleters situated at Tellapur village, Ramachandrapuram Mandal, Under the city tVlunicipal Limits of rellapur Village Municipality, sangareddy District, Telangana state., without reference to tie Lr.No.Fl12051/06, dated 28-11-2006 and 28-01-2012 read with G.o.tu.s.No.l07z dated 07-08-2007 pending disposal of the above writ petition

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Counsel for the Petitioner :SRl. B.SRAVAN KUMAR

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Counsel for the Respondent NOs: 1 TO 4: SRI B.DILEEP KUMAR AGp FOR STAMPS AND REGISTRATION

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The Court made the following: ORDER

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',as=-3

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HON'BLE DT. JUSTICE CHILLAKUR SUMALATHA

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WRIT PETITION No.27331 of 2023

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ORDER:

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Heard Sri B.Sravan Kurnar, learned counsel for the Writ Petitioners as well as Sri B.Diieep Kumar, learned Assistant Government Pleader for Stamps and Registration, who is representing Respondent Nos.1 to 4.

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This Writ Petition is filed seeking the Court an order in the n ature of Wit of Mandamus decianng the action of respondents in refusing to register the Sale Deed presented by the petitioners IN respect of open Plot bearing No.45-G in Block-G, admeasuring 5O0 Sq.yards, located in Sy.No.342 of Tellapur Viilage , Ramachandrapuram Mandal, Sanga Reddy District, as illega-I and arbitrary and consequently to direct Respondent No.3 to register the Sale Deed presented by the petitioners in respect of the subject property.

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Making his submission with regard to merits of the matter, learned counsel for the petitioners contended that the SaIe deed presented for registration by the petitioners was not entertained by Respondent No.3 basing on the letters issued by Respondent No.4 vide Lr.No.F 1/2051/2006, dated

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'l /,1

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we ,^,i D, aSL,l \ WP No 2z jI al2023 'l'\

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28 t|.2 006 arrd 28.Ol.2OlZ and indeed, tl,re said letter has r-rothing ro do with the .lands which are located in Tellapur Villag,:. Learned counsel also states that the subject property rs neither a Government land nor an assigned land The subject property is purely a private properrv Learned counsel further. states that the District Collector, Sanga Reddy Districl , has got no power to address letters to the Sub Registrars and in case, the property is requrr ed to be kept in prohrbitory list, it should be done under due process of iau.. The letrr:r uideLr.No.Fl/2OSl/2006. dated 28 . I 1.2006, reads as under-: -

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"Aduerting the subject it is inform that the Industrial Drnpioyees Co-Op. Hc Bandtasuda n,,"' ou,Jl)!""":r,2,::",;,:^ t,,,1 assrgnees, and. sold th same to its members ba making into plots in pqta Ameenpur viltages of patancheru Mand.ar oro'n"**' Tellapur' Kollur vitlages of Ramachandrapur lr4and.ar.

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In this regard, it is t lo further In'form gou that the couector, Medak has membe,rs "r rn" r"","if il! :::::r:-T^::.rr:: Reuenu.e Offi.cer, Medak is of the said societs and the ^",:.::";.::;;::::.arse

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Or a:-. r/ P tlr 2,7J31ot )r.'

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You are therefore directed not to entertain ttng petitions for mutations or changes in Reuenue Records, permission for ang constictions, 1[. O. Cs., etc., with regard to the lands said to haue been purchased bg th.e h dustrial Dmployees Co-Op. House Buitding Societg Ltd. Bandlaguda, until further ord.ers. you are ctlso directed to safeguard the aboue said. land.s from the encroachers."

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The afore-mentioned letter was addressed by the Collector, Medak District to the Mandal Revenue Officers, Patancheru and Ramacha-ndrapur Mandals" Thereafter, i.e., on 28.01 .2017, the District Coilector, Sanga Reddy Districr, addressed a letter to the District Registrar, Sanga Redd.t calling for the details with regard to the registrations that were carried out. The said letter reads as under:-

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"l inuite your attention to the reference cited., through uthich gou uere requested to not to entertain any sale transactions on the lands transacted by the Industial Employees Co-Op House Building Society, but it has come to the notice of the Distict ColLector that certain transactions on the lands transacted by the Society are still being entertained by the Sub-Registrars.

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I therefore request gou to look into the motter personally and intimate u-thetLLer any registrotions entertained by the Sub-Registrars of Sangaredd.y and Patancheru. on the societg lands from 2OO6 to tilt date

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lt ,2

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R. "za
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ard i.f so, please furnislt the, detaiLs of tte said registrations.

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T.-eat this as "Most Urgent"."

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Regerrding the subject matter, G.O.Ms.No.I077, Revenue (Assn.lV) Department, dated 07.08.2OO7, was rssued by the then Gove rnment of Andhra Pradesh, w.herein and whereby, narraLing the details of the enquiries conducted, the Government observed as fol1ou,s:-

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"Gou. after careful examination haue decided. that the reque,st of the Ameenpur, Beeramguda, Naraguda, Tellapur ViLlages Plot PurchcLsers Wetfare Association for requL.tizcttlon of the plots purchased bg them from the saicl soci.etq in so far as Gout. Lands, assigned lands and lands belonging to Ex Seruiceman and Freedom Ftghters, do not deserue ang considerotion os it u.toutd uiolole the prouisions of the AP Assigned Lands (pOT) Act 1977 (9/ 77). Acco rdinglg, the request of Ameertpur, Beeramguda, Naraguda and Telldpur Plot purchasers Welfare Association for regularization submitted through their ,.epresentation first read aboue, is herebg rejected. In respect of tte patta lands, it is decided that th_e said patta lands acquired bg the societg be handed ouer to the soid societg for taking necessary action as per the prouisions of the Cooperatiue Act in consultation tuith Regist rar of Coo peratiue Society, Hg derabad. "

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Ot CSt : W.P.Na 2tj)1ol 202l

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The afore-mentioned letters^{and the G.O. were held} unsustainable and accordingly,^{set aside by this Court} through common order in Writ^{Petition No.96O4ot 2O2Oand} batch, dated 28.A2.2023,^{whereinthis Courtheld as under:-}

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"!n the tight of the aboue, tlrc impugned^{orderspassed by} the respondents in these batch^{of WitPetitionsby} referring to the letters of^{the District Collector, Sanga} Recidg District i.e., Lr.No.Fl/^{2051/ 06, dated 28.11'2o06} ctnd. 28.O i.2a1 7 anri G.O.Ms.No.¹ O77,^{dated 07.08.2007,} r;-re unsustainable and^{accordinglg,theg are herebg set} aside and consequently, the^{respondent registenng} authorities are directed^{to receiuethe retunted docttments} couered by impugned^{refusal orders in the respectiueWit} Petitions anrl process the^same for^{registrationutithout} rekrence to the Lr.No.F1/^{2051/ 06, dated 28.11.2006} and 28.O1.2O17 and G.O.Ms.No.1077^{dated07.08.2007} and complete the^{processin accordancetuith lau within o} period of three (3) uteeks from th'e date^{of presentationof} the returned documents^{by the respectiuepetitionersand} release the same in fauour^{of the respectiue petitioners,} subject to tLrc said^{document complgingwiththe} requirements of^{tLrc Regi.strotionAct, 19OB and tle Indian} Stamp Ac| 1899."

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7 . Learned Assistant^{Government Pleader for Stamps and} Registration who argued^{the matter did not state that the} above order was put to^{challenge beforehigher forum}

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-. tE - - \ '.-. ,:?_-l

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1'herefore, ihe Registering Authoritl,. ought not to have rejected thc subject documenr basing on the same GO and letter wnich u.ere set aside bl.this Court.

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8 Thus, in the light of the factual scenano that exlsts as on thts day, this Court is of the view that the impugned Refusai Order passed by the Joint Sub-Regisrrar_Il, RO(OB), Patanchr_'ru, is unsustainable

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Consequently, the Writ petition ts allowed. The Refusal Order u,hich r.r,as intimated to the petitioner through .Memo No.6 1 of 2023, dated 20.05.2023, passed by the Joint Sub- Registrar-ir, Ro(oB), patancheru, is set aside. The Registering Authority is directed to receive, register and release the subject document i.e., the Sale deed covered under the impugned Refusal order .in respect of. plot bearing No.45-G in Block G, admeasuring 500 Sq.yards, located in Sy.No.342 of Tellapur Village, Ramachandrapuram Manda-l, Sanga Recldy District, rvithout reference to the letter s uid.e Lr.No.F1l2O51l06, dated 28.11.2006 and 28.Ot.2017 and G.O.Ms.No.1077, Revenue (Assn.IV) Deparrment, dated O7.Oa.2O0T, in case, the said document complies with the

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t)t Ltt.) w P ti. ),.t)t ol2021

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'l I I I

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provisiors of the Rcgistration Act, 1908, and the Indian Stamp Act, i 899. The Registering Authority can refuse to register the docurnent in case the document is prohibited for registration under any of the provisions of law, Rules or Regulations made there under. However, the reasons assigned thereof and the decision taken shall be communicated to the,petitioners in writing. There shall be no order as to costs.

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Miscellaneous petitions pending, if any. shal1 stand

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clo sed.

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sD/- K. VENIGIAH ASSISTANT REffBTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Principal Secretary,^{Revenue (Stampsand Registration) Department'} Secretariai, State of^{Telangana,Hyderabad.}

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The Commissioner^{and lnspectorGeneral of Registrationand Stamps,,} Hyderabad, Telangana.

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The Joint Sub-Registrar,^{Sangareddy,TelanganaState}

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The District Collector,^{Sangareddy,SangareddyDistrict,TelanganaState'}

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One CC to^{SRl. B.SRAVAN KUMARAdvocate[OPUC]}

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Two CCs to GP^{FORSTAMPS AND REGISTRATION,High Courtfor the} State of Telangana. [OUT]

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Two CD CoPies

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HIGH COURT

DATED:0311012023

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ORDER

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WP.No.27331 of 2023

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ALLOWING OF THE WRIT PETITION

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WITHOUT COSTS

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Y/,l.l lo,s

DamuluriNarahari v. The State of Telangana

Case brief

What is this about?

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DamuluriNarahari v. The State of Telangana

Case brief

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