Allowed

A. Rama Krishna v. The State of Telangana

Telangana HC6 Oct 2023WP/27822/2023

Case brief

AI extract

What is this about?

In a writ petition under Article 226, the High Court directed the Sub-Registrar of Balanagar to receive and register a sale deed regarding open land admeasuring 241 square yards in Sy.No. 252/1/1/2 at Moosapet Village, Kukatpally, Medchal-Malkajgiri District. The court ruled that the authority must entertain the document if it complies with the Registration Act, 1908, and Stamp Act, 1899, and comm

What did the court decide?

Ordering the registering authority to receive and register the document if it complies with the Registration Act, 1908, and Stamp Act, 1899, with reasons communicated in writing.

A. Rama Krishna Vs The State of Telangana — Property and Title | Telangana HC (2023)

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[^320e ]

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

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FRIDAY, THE SIXTH 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:27822OF 2023

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Between:

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A. Rama Krishna, S/o. Late A. Rajeshwar Rao, Aged 52 Yrs., Occ ;Business, Ryo.H. No.6-4-467, Flat No. 2O2, Sai Comfort Homes, Krishna Nagar Colony, Bholakpur, Secunderabad.

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2- Mohammed Mohiuddin, S/o.lttlD. Khaja lr,4ohiuddin, Aged 47 Yrs_, Occ; Business, R/o.H.No. 8-4-403191A, Erragadda, Prem Nagar, Hyderabad. .....PETITIONERS

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AND

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1 The State of Telangana, Rep. by its Principal Secretary, Stamps and Registration Department, Secretariat Buildings, BRKR Bhavan, Tank Bund, Hyderabad.

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2 The Commissioner and lnspector General of Registration and Stamps, I\4.J Market, Hyderabad, Telangana State. The Sub-Registrar, Balanagar, Medchal-Malkajgiri District.

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.....RESPONDENTS

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Petition Under Artide 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order(s) or direction(s) more particularly one in nature of Writ of Mandamus in declaring the action of the 3rd Respondent in not receiving, registering and releasing the Sale Deed presented by the Petitioners in respect of open land admeasuring 241 Sq. yards in Sy.No.252l1 l1l2 siluated at Moosapet Village, Kukatpally Mandal, Medchal-Malkajgiri District as illegal, arbitrary, without^jurisdiction and contrary to Sec.71 of Registration Act-1908 and Violation of Article 14 of Constrtution of lndia.

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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

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direct the Respondent No.3 herein to receive, register and release the Sale Deed presented by the Petitioners in respect of open land admeasuring 24'1 Sq. yards in Sy.No.252i111/2 situated at lvloosapet Village, Kukatpally Nlandal, MedchalIvlalkajgiri Distflct.

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Counsel for the Petitioners : SRI JAKKULA SRIDHAR

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Counsel for the Respondents : IVls. B.HARITHA, AGP FOR REVENUE

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The Court made the following ORDER

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HOIPBLE DT. JUSTICE CHILLAKUR SUMALATHA

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WRIT PETITION Nct.27822 OF 2023

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ORDER:

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Heard Sri Jakkula Sridhar, iearned counsel for the petitioners, as well as Ms.B.Haritha, learned Asststant Government Pleader for Stamps and Registration, rvho is representing respondent Nos. I to 3.

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Aggrieved by the action of respondent No.3SubRegistrar, Balaragar, Medchal-Malkajgiri District, in refusing to receive and register the sale deed presented by the petitioners in respect of open land, admeasuring 241 square 1.ards,^{located inSy.No.252/1} I^I l2 ol Moosapet Village, I(ukatpally Mandal, Medchal-Malkajgiri Districl, the present Writ Petition is filed.

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Learned counsel for the petitioners submits that the document presented by the petitioners for registration was not entertained by the Registering Authority for the reasons best known to it. Learned counsei also states that no reasons were assigned for not entertaining the document that was presented for registration by the petitioners, which is against the provisions of the Registration Act, l9O8 and ttrerefore, a clirection to the appropriate authority to entertain the

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document for registration may be iss11e4_

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-:3;ia:

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!).⁽ \l'.^l L /' .o.lrr.ll rrl l0lj

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4 Learned^{Assistant Government Pleader for Stamps and} Registration^{srrbmitsth:rt necessar-v orders in th:tt regard} may be^given

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SecLion 7l^{of the Registration Act' 1908' reads as}

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follows:-

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"Reasons lor^{refusal to register to be recorded} -

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{1)^{trvcq' Sub-Registrar rclusing to register a docttment'} excepl^o1-r the^{ground that thc property to which it} relales is not^{sitr-ratervithin l-ris sub district'shall} makc an order^{ol rcfusal and recordhis rcasons for} such orcler^{in his Book No 2, and endorse the u'ords} "regisrration^{refused"on the document; and' on} applicaliou^{madc b:: anyperson executiogor} claimrng lLncltlr^{thedocument'shall'u'ithout} paymcnt and^{unnecessary delay,give him a copy ol} the reasons^{so recorded'}

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(2) No registering^{olficer shallacceptfor registrzrtiona} docurncnt^{so cndorsecl unless and until'uncler the} provisions^{hereinafter contained' the docurrrentis} directcd to^{be registered'"}

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The Registering^{Authority is not empoweredto refuse} registration^{of document/ s exceptunder the circrrmstances} mentioned^{under the RegistrationAct' 1908 and the Rules} made thereunder.^{Also, as per the versionof the 1>etitioners'} no reasons^{t'ete assignedfor not entertainingthe document} which was presented^{for registrationby them Therefore' this}

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I' J ll.P.No.273)2 o[)023':SL,

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Court is of' the ,lew that directions as prayed lor have to be given to the public authoritlr directing it to perform its function as required under law

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7 . Hence, this Writ Petition is disposed of with the follow'ing direction : -

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Registering Authoitg is directed to receiue anci reqister the document presented bg the petitiort€rs trt respect of the subject property, in case, the said document complg with the prouisions of the Registration Act, 1908, and the Indian Stamp Act. 1899. The Registertng Authoitg can refuse to register the document in case, the said document is prohibited for^{registrationunder anA of the prouisions of law,} Rules or Regulations made thereunder. Hotueuer, the reasons assigned thereof and the-deciston taken shall be communicated to the petitioners in witing. There shall be ruo order as lo cos/s.

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B. Miscellaneous petitions pending, if any, shall stand

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closed.

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SD/-A.V.S. pn/seo ASSISTANT^RE GTTTRAR //TRUE^COPY// ql SECTION^OFFICER

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To 1 . The^{Principal Secretary, Stamps and Registration,Dep-artment' Secretariat} Buildinqs,^{BRKRBhavan' A;i Eil;;; StEte oi retand'ana at Hvderabad'}

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, rhe co-mmissioner^{and l*ptU"d;;;'6ti"gitttitionandStamps' M'J}

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rurrir"i Hyderabad, TelanganaStab

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3 The Sub-Registrar,^Balana' al-Malkajgiri^District. 4 Two CCs to^{GP for nt'"nti"]'higiCourttor tniistateof Telanganaat}

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Pmt^r a^{BIi"6t#JPYJ'ln,'.} -r-.i.^ nn .^^i6a^{Sridhar' Advocate[oPUCl}

t-l

HlGH COURT

DATED:0611012023

ORDER

WP.No.27822 ot 2023

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DISPOS!NG OF THE W.P

WITHOUT COSTS.

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1o\u\r9'

A. Rama Krishna v. The State of Telangana

Case brief

What is this about?

What did the court decide?

A. Rama Krishna v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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