Allowed

Damuluri Shanthi v. The State of Telangana

Telangana HC3 Oct 2023WP/27337/2023

Case brief

AI extract

What is this about?

This High Court Writ Petition challenged the refusal to register a sale deed based on specific letters and a Government Order. The Court held that the directives relied upon for refusal had been set aside by the same Court in a previous batch petition. Consequently, the refusal order was declared unsustainable and set aside, directing registration.

What did the court decide?

The Writ Petition is allowed. The Refusal Order passed by the Joint Sub-Registrar is set aside. The Registering Authority is directed to receive, register, and release the sale deed without reference

Damuluri Shanthi Vs The State of Telangana — Property and Title | Telangana HC (2023)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Originat 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 :27337 oF 2023

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Between:

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Damuluri Shanthi. Wo. Damuluri Narahari, Aged 40 years, Ryo.Flat No.501, Venkata Rama Residency, Narayani R;ddi'cZio}ry, Nlzampet, R.R.District.

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...PETITIONER

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AND

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'l . The State of Telanoana rep. by its principal Secretary, Revenue (Stamps and Regisrration)Depa"rtment,Se.i"iiii"i,iiioijrISJl."

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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, Telangana State.

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...RESPONDENTS

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Petition under Articre 226 of rhe constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court mey be pleased to issue a writ, order or Direction more particurarry one in the nature of writ of Mandamus decraring the action of the Respondents in refusing the registration of sare deed on the ground of issuance of Lr. No.F112051/06, dated 28_ 11-2006 and 28-01-2017 read with G.o.M.s.No.10z7 dared o7-o}-2007 as ilregar, arbitrary against the provisions of Registration Act and Stamp Act as unconstitutionar being in vioration of Articres 14,21 of the constitution of lndia and consequenfly direct the 3'd Respondent to register the Sare Deed presented by the petitioner in respect of open prot bearing No.351 in Brock-G in sy.No.364 admeasuring 500 sq. yards which is equivalent to 41g.00 sq. Meters situated at Tellapur Village, Ramachandrapuram Mandar, Under the city Municipar Limits of Tellapur Village Municipality, Sangareddy District, Telangana State., without

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reference to the Lr.No.F112051106, dated 28-11-2006 and 28-01-2011 read with G.O.M.S. No. 1 07 7 daled 07 -08-2007.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC praying^.:hat in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 3'd Respondent to register the Sale Der:d presented by the petitioner in respect of Open Plot bearing No.351 in Block-G in Sy.No.364 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 reference to the Lr.No.F112051/06, dated 28-11-2006 and 28-01-2017 read with G.O.M.S.No.1077 dated 07-08-2007 pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI B SRAVAN KUII AR

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Counsel for the Respondents: SRI B. DILEEP KUMAR, ASSISTANT Gp FOR STAMPS AND FIEGISTRATION

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The Court made the following: ORDER

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HON'BLE DT. JUSTICE CHILLAKUR SUMALATHA WRIT PETITION No.27337 of 2023

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ORDER:

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Heard Sri B.Sravan Kumar, learned counsel for the Writ Petitioner as well as Sri B. Dileep Kumar, learned Assistant Government Pieader 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 nature of Writ of Mandamus declaring the action of respondents in refusing to register the Sale Deed presented by the petitioners in respect of open Plot bearing No.351 in Block-G, admeasuring 500 Sq.yards, located in Sy.No.364 of Tellapur Village, Ramachandrapuram Mandal, Sanga Reddy District, as illegal and arbitrary ald consequently to direct Respondent No.3 to register the Sale Deed presented by the petitioner in respect of the subject property.

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Making his submission with regard to merits of the matter, learned counsel for the petitioner contended that the Sa-le deed presented for registration by the petitioner was not entertained by Respondent No.3 basing on the letters^issued by Respondent No.4 vide Lr.No.Fl /2051 /2006,^datgd

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Dr CSl,l w.P.No.273i7 ol 2023

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28.17.2006 and 28.01.2017, and indeed, the said letters have nothing to do with the lands which are located in Tellapur Village. Learned counsel also states that the subject property is neither a Government land n()r an assigned land. The subject property is purely a private property. Learned counsel further states that the District Collector, Sanga Reddy District, has got no power to ac.dress letters to the Sub_ Registrars arld in case, the properry is required to be kept in prohibitory list, it should be done under due process of law. The letter ulde Lr.No.F1 /2OStl2OOO, dated 28.11.2006, reads as under:-

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"Aduerting the subject it is inform that the Industial Err,plogees Co-Op. House Bu'.ilding Societg Ltd. Bandlaguda has purchased ttrc lands from the assignees, and sold the same to its members by making into plots in Patanchen4 Ameenpur Villages of Patanchent Mandal and Tellapur, Kottur Vi ages of Ramacha ndrapur Mandal.

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In this regard, it is to further inform gou that the Collector, Medak has receiued, applications from the members of the Society for scruting. The Distnct Reuenue Officer, Medak is made I'erson-In charge of the said Society and the matter is bebt-g pursued.

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Dt.CSL.) w.P No 2733 ) ol 2023

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You are therefore directed not to entertain ang petitions for mutations or changes in Reuenue Records, permission for any constictions, N.O.Cs., etc., tuith regard to the land.s said to haue been purchased bg the Industrial Employees Co-Op. House Building Societg Ltd. Bandlaguda, until further orders. You are also directed to safeguard the aboue said lands from tlrc encroachers."

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The a-fore-mentioned letter was addressed by the Collector, Medak District to the Mandal Revenue Ofhcers, Patancheru and Ramachandrapur Mandals. Therea-fter, i.e., on 28.01.2017, the District Collector, Sanga Reddy District, addressed a letter to the District Registrar, Sanga Reddy 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 gour attention to the reference cited, through uthich you uere requested to not to entertain any sale transoctions on the lands transacted by the Industial Emplogees Co-Op House Building Societg, but it has come to the notice of the Di.strict Collector that certain transactions on the lands transacted bg the Society are still being entertained by the Sub-Registrars.

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I therefore request Aou to look into the matter personollg and intimate tuhether ang registrations entertained" by the Sub-Registrars of Sangareddy and Patancheru on the societg lands from 2OO6 to titl dote

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-:r-

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D..CSL,l W.P.No 2)137 ol2023

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and if so, please fumish the details of tle said regi.strations .

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Treat this as "Most Urgent".,,

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Regarding the subject matter, G.O.Ms.No.1077, Revenue (Assn.IV) Department, dated 07.0i3.2007, was issued by the then Government of Andhra pradt:sh, wherein and whereby, narrating the details of the r:nquiries conducted, the Government observed as follows:-

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"Gout. ofter careful examination houe d.ecided that tLrc request of the Ameenpur, Beeramguda, Naragud.a, Tellapur Villages Plot htrchaser:; Welfare Association for regularization of the plots purcltased bg them from the said society in so far as Gout. Land.s, assigned land-s and lands belonging to Ex-seruiceman and Freed.om Fighters, do not deserue any consideration as it u,tould. uiolate the prouisions of the Ap Assigned Lands (pOT) Act 1977 (9/ 77). Accordinglg, the request of Ameenpur, Beeramgudq Naraguda and Tbllapur plot P:rchasers Welfare Association for regularization submitted. through their representation first read. aitoue, is hereby rejected. In respect of ttrc patta lands, it is decided that tLe said. patta lands acquired bg the societg be handed_ ouer to the said societg for taking necessary action as per the prouisions of the Cooperatiue t\ct in consultation with Registrar of Cooperatiue Societg, Hyderabad.. "

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Dr.CSL,l w.P.No.21337ol2023

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aT7',
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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.9604 of 2O2O and batch, dated 28.O2.2O23, wherein this Court held as under:-

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"ln the light of tLe aboue, the impugned orders passed by the respondents in these batch of Writ Petitions by rekffirlS to the letters of the Di.stict Collector, Sanga Reddg Distict i.e., Lr.No.Fl/2051/06, dated 28.11.2O06 and 28.O1.2O17 and G.O.Ms.No.l077, dated 07.O8.2OO7, are unsustainoble and accordinglg, they are hereby set aside ond consequentlg, the respondent-registering authorities are directed to receiue ttrc returned documents couered bg impugned refusal orders in the respectiue Wit Petitions and process the same for registration without reference to the Lr.No.Fl/2O51/06, dated 28.11.2006 and 28.O1.2O17 ond G.O.Ms.No.1077 doted 07.08.2007 and complete the process in accordance with lau within a period of three (3) weeks from the dote of presentation of the retunted documents by the respectiue petitioners and release the same in fauour of the respectiue petitioners, subject to the said doanment complging with the reEtirements of the Registration Act, 19O8 and the Indian Stamp Act, 1899."

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Learned Assistant Government Pleader for Stamps and Registration who argued the matter did not state that the above order was put to chalienge before higher forum.

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Dt C5L,l v/.P.No.2/)17 ol2023

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Therefore, the Registering Auth trity ought not to have rejected the subject document basing on the same GO arrd letter which were set aside bv this (lourt.

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Thus, in the light of the faclual scenario that exists as on this day, this Court is of the view that the impugned Refusal Order passed by the Joinl. Sub_Registrar_Il, RO(OB), Patancheru, is unsustainable.

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9 . Consequently, the Writ petition is allowed.

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The Refusal Order which was intimated to the petitioner through Memo No.62 of 2023, dated 20.05.2023, passed by the Joint Sub-Registrar-Il, RO(OB) patalcheru, is set aside. The Registering Authority is direct,:d to receive, register and release the subject document i.e. , the Sare deed covered under the impugned Refusal order in respect of open plot bearing No.351 in Block-G, adrteasuring 500 Sq.yards, iocated in Sy.No.364 of Tellapur Village, Ramachandrapurarn Mandal, Sanga Reddy District, rvithout reference to the letters uide Lr.No.Fl/2057/06, dated 2a.L1.2006 and 28.O7.2017 and G.O.Ms.No.1Olz7, Revenue (Assn.lV) Department, dated O7.Og. 2OO7 , in case, the said document

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Dt.CSL,l W.P No 2731, oI2A2l

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complies with the provisions of the Registration Act, l9Og, and the Indian Stamp Act, 1899. The Registering Authority can refuse to register the document 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 shail be communicated to the petitioner in writing. There shall be no order as to costs.

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Miscellaneous petitions pending, if any, shall stand

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closed.

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//TRUE COPY//

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sD/-A.v.s.^pu6eo AS sr;iA['iiEdJt+lR,,iR \

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sEcfloN dHrlcen

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To, 1. The Principal^{Secretary, Revenue (StampsandRegistration) The State of} Telangand, Department,^{Secretariat'Hyderabao',}

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z. fne C"omniissi6ner,^{ano tnspeitorGeni:ral of Registration and Stamps'} Hvderabad,^Telangana.

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?T[:gHhB;[:;d,Bl*ffi',?il"f,'Jil3,?:3ili,,i!?l&,re,ansanastate 5: d; cc 6'Sri^{e.-sravan tiumar,-Advodate[oPUCl} 6. i;; 6drio-cp^{r"|. stamiilniionesistiation, High'courtfor the state of} Telangana ,^{at Hyderabad} [OUTI

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