Disposed

Bhagavathula Uma v. The State of Telangana

Telangana HC11 Oct 2023WP/28369/2023

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition challenging the inaction of a Sub-Registrar in registering a sale deed. The Court held that a Sub-Registrar cannot refuse to receive a document and must either register it or record reasons and endorse 'registration refused' in his Book No. 2 before refusing registration.

What did the court decide?

Respondent No. 2 directed to receive, register and release the Sale Deed if the property is not in the prohibitory list and the document complies with the Registration Act and Stamp Act; otherwise pas

Bhagavathula Uma Vs The State of Telangana — Service and Employment | Telangana HC (2023)

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[^320s ]

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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: 28369 OF 2023

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Between:

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thagavathula Uma, W/o. Late B.H-N.S.Prasad, Aged about 70 years, Occ ; Housewife.

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Narasimha Swapna Rajeshwari, D/o. Late.B.H.N.S.Prasad, aged About 44 years, Occ. Housewife.

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Bhagavathula Naga Venkata Surya Kapeesh, S/o Late.B.H. N.S.Prosad., aged about. 39 years,

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All are Ryo.Plot No. 139, Anantha Saraswathi Nagar, East Anandbagh, Malkajigiri, Hyderabad - 500 04.

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.....PETITIONERS

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AND

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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 the 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 Plot Nos.1 39 bearing House No.27-68/139, in survey Nos.546 to 549, 551 and 573 to an extent of 272 sq. yards situated at Anantha Sarswathi Nagar, East Anandbagh, Malkajigiri,

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under GHIVIC and L4alkajigiri circle, Malkajigiri Mandal, tvl a lkajig iri- t\redchal District the then Ranga Reddy District is illegal, arbitrary and against to the provisions of law and contrary nghts guaranteed under 300-4 of Constitutional of lndia and consequently direct the 2nd Respondent to entertain the registration of the sale deed for registration presented by the petitioner without insisting noobjection certificate (NOC) from the 3rd Respondent consequenfly direct the 2nd Respondent herein to receive, process, register and release the sale deed presented by the petitioner.

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l.A.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 Respondent No.2 herein register the sale deeds in favour of the prospective purchasers i.e. vendee pertaining to the property bearing plot Nos. '1 39 bearing House No 27-681139, in survey Nos. 546 to 549, 551 and S73 to an extent of 272 sq. yards situated at Anantha Sarswathi Nagar, East Anandbagh, Malkajigiri, under GHlvlC and Malkajigiri circle, Matkajigiri Mandat, t,4alkajigiriMedchal District the then Rariga Reddy District to receiving process, register and release the document filed by the petitioner herein.

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Counsel for the Petitioners : SRI D.V.RAMANA SARMA

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Counsel for the Respondent Nos.1 & 2 : SRI B.DILEEP KUMAR. AGp FOR REVENUE

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Counsel forthe Respondent No.3: SRI FARHAN AZAM KHAN, SC FOR TELANGANA STATE WAKF BOARD

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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.28369 of 2023

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ORDER:

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Heard Sri D.V.Ramana Sarma, Iearned counsel for the Writ Petitioners, Sri B.Dileep Kumar, learned Assistant Government Pleader lor Stamps and Registration, who is representing Respondent Nos. I and 2 arld Sri Farhan Azam Khan, learned Standing Counsel lor the TeJangana State Wakf Board, who is representing Respondent No.3.

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This Writ Petition is filed seeking the Court an order in the nature of Wit of Mandamus declaring the inaction of Respondent No.2-Sub-Registrar, Malkajgiri, Medchal Matkajgiri District, in receiving and registering the Sale Deed presented by the petitioner in respect of house bearing H.No.27-681139, located in Plot No.139, admeasuring 272 Sq.yards, in Sy.Nos.546 to 549, 551 & 573 of Anantha Saraswathi Nagar, East Anandbagh, Malkajgiri, under GHMC artd Malkajgiri Circle, Malkajgiri Mandal, Medchal-Ma.lkajgiri District, as illegal and arbitrary and consequently, to direct Respondent No.2 to receive, register and release the Sale Deed presented by the petitioner in respect of the subject property.

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l)r⁽ Sl.^I \ l, \o l3-169 ol l0ll

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Learncd counsel for the petitioner contends that tl-rough the petitioner has complied '"vith all the reqr-rirerl lormalities ald though the subject property is not prohibited lor registration, for the reasons best knorvn, Respondent No.2 is not entertaining the said document for registration and therelore, necessary orders may be passed

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Learned Assistant Government Pleader for Stamps and Registration states that in case, the subject prop(-'rh'is not in the prohibitory list, Respondent No.2 would certainll receive ernd register the document.

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Le arncd Standing Counsel for the Telangana State Wakf Board submits that the property in question appears to be in prohibitory list falling within the ambit of Section 22 A of thre 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 71 of the Registration Act, 1908, reads as follor'r's:

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"Rcasons for refusal to register to be recorded.-

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( 1) trvery Sub-Registrar refusing to register a clocument, except on the ground that the property to u,hich it

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Dr⁽ ,\t.. J \ I, l.-0.213169 oa l02l

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I I

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reia[es is not situale within his sub-distnct, shall make an order of relusal and record his reasons for such order in his Book No. 2, and endorse lhe rvords "registration refused" on the documenL; and, on application made by any person executing or clzr iming under the document, shall, without^payment and unnecessary delay, give him a copy of the reasons so rccorded.

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(2) No registering officer shall accept for registration a document so endorsed unless and until, uncler the provisions hereinalter contained, thc documcnt is directed to be registered."

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The Sub-Registrar has no power to refuse to receive the document for registration. In case any document is presented for registration and where the Sub-Registrar finds any grounds due to which he cannot proceed with registration, he can refuse to register the document indicating 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 disposed of with the following direction:-

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Respondent No.2- Sub-Registrar, Malkajgii, MedchalMalkajgti District, is directed to receiue the Sale Deed that utould be presented bg the petitioner tn respect of

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L)r^(lSl..I \ l' ,r 13i69 ot l0ll

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house beaing H.No.27-68/ 139, located in^PLot No.139, ctdnteasunng 272 Sq.gards, in^Sg.Nos.546to 549, 551 & 573 of Anantha Sarasu,tathi^{Naglar, East} Anandbagly Malkajgirt, under GHMC and A,tallcajgiri arcLe, It't ctlkaj g ii Manda| Me dchal- M alkaj^gin. Distnct, reqister artd release the document in case, th.e subject propertA is not present tn the prohibitory lisl artd the d.ocument presented is in consonance uith^the prouisions of the Registration Act, 1908 and the Indian Starnp Act, 1899. Houeuer, [n case the document is found not liable for^{registration,} necessarA orders mag be passed nanating^the grounds for rejection and communicate the same to the petitioner. 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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sDt c. PRAVEEN 4UMAR ASSISTANT REGIFTRAR

//TRUE COPY//

SECNOilUFFICER

The Principal Secretary, Stamps^{and Registrations,Secretariat, Stateof} Telangana at^HYderabad.

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The S-ub-Registiar,^{Malkajigiri,IVI lakajigirilMedcha.l} 9iskict'

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fne Cni"r Eiecutive^{Offici:iTelanganaState WaK Board,Huz House,} Nampally, Hyderabad.

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Nampally, Hyderabad.

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1. Two bCi to -Cp For Revenue, High Court for the State of Telangana at Hyderabad. [OUTI

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O-ne CC to Sri Dantu Venkata^{Ramana Sarma,Advocate} [OPUC]

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One cc^to Sri Farhan Azam Khan,^{SC For Telangana State Wakf Board} (oPUC)

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7 Two CD CoPies

SA e.,t' GJP

HIGH COURT

DATED:1 111012023

ORDER

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WP.No.28369 of 2023

DISPOSING OF THE W.P

WITHOUT COSTS.

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Bhagavathula Uma v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Bhagavathula Uma v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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