Allowed

Gondi Samuel Krupanand v. The State of Telangana

Telangana HC11 Oct 2023WP/28340/2023

Case brief

AI extract

What is this about?

The High Court disposed of a Writ Petition filed against the Sub-Registrar for refusing to register a sale deed. The Court held that the Registrar has no power to refuse to receive a document for registration. Petitioners were directed to submit the deed for the property only if it is not in the prohibitory list and complies with relevant laws.

What did the court decide?

Directed Respondent No. 2 to receive, process, register and release the sale deed presented by petitioner in respect of Residential Flat No. 203 if the subject property is not in the prohibitory list

Gondi Samuel Krupanand Vs The State of Telangana — Property and Title | Telangana HC (2023)

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t^320e I

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

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WEDNESDAY, THE ELEVENTH 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:28340 OF 2023

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Between:

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Gondi Samuel Krupanand, S/o. G. Victor, Aged about 53 years, Occ. Bank Employee, F/o.Plot No. 1, Road No.5, Trimurthy Colony, Mahendra Hills, East Maredpally, Secunderabad

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...PETITIONER

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AND

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1 . The State of Telangana, represented by its Principal Secretary, Stamps and Registrations, Secretariat, Hyderabad.

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The Sub-Registrar, Malkajigiri, Mlakajigiri/Medchal District.

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The Telangana State Wakf Board, rep. By its Chief Executive Officer, Huz House, Nampally, Hyderabad.

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order or direction more particularly in the nature writ of mandamus declare the in action of the 2nd Respondent not receiving the document pertaining to Sale Deeds in favour of the prospective purchasers by the petitioner herein pertaining to the property bearing residential Flat No. 203, 2nd Floor having its plinth area 1030 sq.ft (including common area and car parking) together with proportionate undivided share of land to an extent of 4'1.00 sq.yards or 34.27 sq.mtrs out of 1 195 sq.yards in the building complex known as "PRISTINE GREEN MEADOWS'ON Plot Nos.'13and 14 bearing House No.427391211(Par1), in survey Nos. 359/1 and 359/3 situated at Sardar Patel Nagar, Malkajigiri, under GHMC and Malkajigiri circle, Malkajigiri Mandal, MalkajigiriMedchal District the then Ranga Reddy District is illegal, arbitrary and against to

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guaranteed under^{300 A of Constitutional} the^{provisionsof law and contrary rights} Respondent^{to entertain the registration} of lndia and^{consequentlydirect We2nd} ted by the^{petitioner without insisting no-} of the sale^{deed for registrationpresen} Respondent^{consequentlydirect the 2nd} objection^{certificate (NOG) fromWe 3'd} register and^{release the sale deed} Respondent^{herein to receive, process'} presented bY the Petitioner'

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lA NO:^{1oF 2023}

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PetitionunderSectionl5lCPCprayingthatinthecircumstancesstatedin the affidavit^{filed in support of the petition, the High court may be pleased to direct} the Respondent^{No.2 herein register the sale deeds in favourof the prospective} purchasers i.e.^{vendee pertainingto the residential Flat No. 203,2"dFloor having} its^{plinth area 1030 sq.ft (including common area and car parking)together with} proportionate undivided^{share of land to an extent of 41 '00 sq yards or 34 '27} sq.mtrs out^{of 1195sq.yardsin the building complex knownas 'PRISTINEGREEN} MEADoWS,oNPlotNos.13and14bearingHouseNo.42-7391211(Part)'in surveyNos.359/1and359/3situatedatSardarPatelNagar,Ir/Ialkajigiri,under GHMCandMalkajigiricircle,MalkajigiriMandal,Malkajigiri.MedchalDistrictthe then Ranga^{Reddy District to receiving process' register and release the document} filed by the Petitioner^herein'

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Counsel for^{the Petitioner:SRI DANTUVENKATA RAMANA SARMA}

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Counsel^{fortheRespondent No'1 and 2: SRt B' DILEEP KUMAR' ASSISTANT} GP FOR STAMPS^AND REGISTRATION

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counser^{for the Respondent No'3:} iEl^t^flTlil fYJ#i#'"%tfoo*^t"

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The Court^{made the following: ORDER}

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HON'BLE DT. JUSTICE CHILLAKUR^SUMALATHA

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WRIT PETITION No.2834O^of 2023

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ORDER:

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Heard Sri D.V.Ramana Sarma, learned counsel^{for the} Writ Petitioners, Sri B.Dileep Kumar,^{learnedAssistant} Government Pleader for Stamps and^{Registration, who is} representing Respondent Nos. I and 2 and Sri^{Farhan Azam} Khan, learned Standing Counsel for^{the Telangana State Wakf} Board, who is representing^{RespondentNo.3.}

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This Writ Petition is liled seeking the Court^{an order in} the nature of Writ of Mandamus declaring the^inactionof Respondent No.2-Sub-Registrar, Malkajgiri,^Medchal- Malkajgiri District, in receiving and registering the^SaleDeed presented by the petitioner in respect of Residential Flat No.2O3, situated in Second floor of "PzuSTINE^GREEN MEADOWS" Building, with an undivided share of^land admeasuring 41.0 Sq.yards out of¹¹⁹⁵ Sq.yards,^constructed on Plot Nos. 13 and 14, bearing H.No.42-739/2/l(Partl, located in Sy.Nos.359/l and 359/3 of Sardar Patel Nagar, Malkajgiri, under GHMC and Malkajgiri Circle, Malkajgiri Mandal, Medchal-Malkajgiri District, as illegal and arbitrary and consequently, to direct Respondent No.2 to^receive,

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Dr CSL- l W. P.No.28340 of 2023

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Learned counsel for the petitioner contends that though the petitioner has complied with a-ll the required formalities and though ttre subject property is not prohibited for registration, for the reasons best known, Respondent No.2 is not entertaining the said document for registration and therefore, necessarl orders may be passed.

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l,earned Assistant Government Pleader for Stamps and Registration states that in case, the subject property is not in the prohibitory list, Respondent No.2 would certainly receive and register the document.

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Learned Standing Counsel for the Telangana State Wakf Board submits that the propert5r in question appears to be in prohibitory list falling within the ambit of Section 22-A of tirre Registration Act, 1908 and therefore, necessary directions may be issued to the Sub-Registrar concerned to verify and proceed with.

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Section 7l of the Registration Act, 1908, reads as follows: -

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l)r^(ISL I W.P.No.28l40 ol²⁰²¹

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"Reasons^{for refusalto registerto 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 situate^{within his sub-district' shall} make an order^{of refusal and record 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 personexecuting or claiming} under the^{document,shall, without paymentand} unnecessary^{delay,give him a copy of the reasons so} recorded.

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(2) No registering^{officershallaccept for registration a} document^{so endorsedunless and untii,underthe} provisions hereinafter^{contained,the documentis} directed to^{be registered."}

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The Sub-Registrar^{has no power to refuse to receivethe} document for^{registration.In case any document is presented} for registration ald^{where the Sub-Registrarfinds any} grounds due to which^{he cannotproceed with registration' he} can refuse to^{register the documentindicating the grounds for} refusal. Therefore,^{this Court is of the view that this Writ} Petition can^{be disposed of giving directions to that effect'}

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Resultantly, the^{Writ Petition is disposedof with the} following direction:-

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Dr CSI-- J w.t' \o 28340 of 2023

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Re spondent N o. 2 - Sub-^{Re g} istrar,^{Matkaj g ii,Medchal'} Malkajgii District, is directed^{to receiuethe Sale Deed} that would be presented^{bg the petitioner in respect of} Residential Ftat No.203, situated in^Second floor^of "PRISTINE GREEN MEADOWS'^{Building' u-tithan} undiuided share of land admeasuring^{41.0 Sq.gards} out of 1195 Sq.yards, constructed^{on PlotNos.1 3 and} 14, bearing H.No.42-739/ 2/ 1(Part),^{located in} Sg.Nos.359/1 and 359/3 of^{SardarPatel Nagar,} Malkajgii, under GHMC and^{MalkajgiiCircle,} Matkajgin Mandal, Medchal-Malkajgin^District' register and release the document in^{case, the subject} propertA is not present in the prohibitory^{list and the} document preseruted is in consonance with^the prouisions of the Registration Ac[ 19OB^{and the} Indian Stamp Act, 1899. Hotueuer,^{incase tLre} document is found not liable for^{registratioru,} necessary orders maA be^{passednarratirugthe} grounds for rejection and communicate^{the sameto} tlrc petitioner. There sha.ll^{be no order as to cosfs.} _-.-

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Dr CSL. J W P No 28140 of 2023

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Miscellaneous petitions pending, if any, shall^stand

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closed.

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SD/. P. PADMANABHA^REDDY ASSISTANT^REGISTRAR

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//TRUE^COPY//

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sEcrloN o%,"r*

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To, 1. The Sub-Registrar, Malkajigiri' Mlakajigiri/Medchal-District' 2. OneCC to^{Sri o'nt' vJii%iJ ii"iiiZ-Sua'AdvocatetoPUCl} 5C1"in"^{T"lung'na State wakf}

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1. one cc^{to sri ran"n} ^'iiH'ftil"?i'

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, ?ffi'3t351'""Le^{tor stamps And Registration' Hish court for the Stateof} Telangana,^{at Hyderabadluu ll}

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Two^{CD CoPies}

TJ GJP $-+

HIGH COURT

DATED:1 111012023

ORDER

WP.No.28340 of 2023

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2 7 :i lill

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DISPOSING OF THE WRIT PETITION

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WITHOUT COSTS.

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Gondi Samuel Krupanand v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Gondi Samuel Krupanand v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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