Disposed

Tirunahari Vivekananda Swamy v. The State of Telangana

Telangana HC20 Feb 2023WP/3168/2023

Case brief

AI extract

What is this about?

Petitioners filed a Writ petition under Article 226 of the Constitution of India and under Section 151 CPC. They challenged the failure of the fourth respondent (Sub Registrar) to process pending registration documents. It is alleged that the respondents are under an obligation under Section 71 of the Registration Act, 1908 to process these documents. The court directed the fourth respondent to pr

What did the court decide?

Direction to the fourth respondent to process pending documents bearing No. 1 to 21/12/2023 within two weeks.

Tirunahari Vivekananda Swamy Vs The State of Telangana — Land Acquisition | Telangana HC (2023)

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[³²⁵⁶ ]

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

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MONDAY, THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

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WRIT PETITION NO: 3168 OF 2023

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Between:

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Tirunahari Vivekananda Swamy, S/o T. Damodhar Swamy, Age about 63 Years, Occupation. Business, Ryo H.No.3-369, Happy Homes, Srrnivas Nagar Colony, Behind Skandag Temple, Secunderabad, Telangana-500001.

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Bodagalla Narsinga Rao, S/o B. Vishwanadam, Aged About 48 Years, Occupation. Business, R/o H.N0.1-6-212,39 Mushderabad, Parasigutta, Hyderabad, Ranga Reddy District, Telangana-500048.

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Nallavelli Vijay, S/o N. Durgaiah, Aged About 35 years, Occupation. Business, Rio H.NO.4-62, Annojiguda Pocharam, Ghatkesar, Ranga Reddy District, Telangana-501301 .

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Vudugula Dayanand, S/o V. Narayana, Aged about 34 years, Occupation. Business, R/o H.No.2-101, Korremul, Ranga Reddy District, Telangana State.

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...PETIT|ONERS

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AND

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1 . The State of Telangana, Rep by its Principal Secretary Stamps and Registration Department Secretariat, Hyderabad

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lnspector General Stamps and Registrations, Telangana, Registration Bhavan 4th and 5th Floor, Nizamshahi Road, Osmangunj, M.J. Market, Hyderabad 500001

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District Registrar, (Stamps and Registrations), Yadadri Bhongir District

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The Sub Registrar, Bibinagar Mandal, Yadadri Bhongir District

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstance's stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order.or Direction, or any other appropriate Order one in the nature of a WRIT OF MANDAMUS, declaring the action of the Respondent No.4 not releasing the documents vide Pending Doc.No.1 to 2112023 for Plot Nos.1, 2, '1 1 to 19, 36 to 51 , situated at Mahadevpur Village, Bibinagar [Vlandal, Yadadri Bhongir District, Telangana State, as illegal, arbitrary in violation of^principles of natural^justice and in violation of Articles 14 and 21 of the Constitution of lndia and also against the equity and consequently direct the Respondent No.4 to release the documents vide Pending Doc.No.1 to 2112023 placed by the Petitioners herein for Plot Nos.1 , 2,^'l 1 to^'19, 36 to 51, situated at Mahadevpur Village, Bibinagar Mandal, Yadadri Bhongir District, Telangana State.

il2il

lA NO: 1 OF 2023

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.4 to release the documents vide Pending Doc.No.1 to 2112023 placed by the Petitioners herein for Plot Nos.1, 2, 11 to^'19, 36 to 51, situated at lr/ahadevpur Village, Bibinagar Mandal, Yadadri Bhongir District, Telangana State.

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Counsel for the Petitioners: SRl. M.A.K. MUKHEED

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Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATIONS The Court made the following: ORDER

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, I

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THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

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WRIT PETITION NO.3168 OF 2023

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ORDER:

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This Writ Petition is filed seeking a Writ of Mandamus to declare the action of the fourth respondent in not releasing the pending document hearing No. 1 to 21 12023 in respect of Plot Nos.l, 2, l1 to 19 and 36 to 51 situated at Mahadevpur Village, Bibinagar Mandal, Yadadri Bhongir District, as illegai and arbitrary.

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It is the case of the petitioners that the subject documents were presented for registration before the fourth respondent and the fourth respondent received the same and assignecl pending document numbers but failed to process the same and in terms of Section 71 of the Registration Act, 1908, the fourth respondent is under obligation to process the documents presented for registration and complete the process in accordance with law. In the instant case, the same is not done by the fourth respondent.

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According the learned Assistant Government Pleader for Stamps and Registration, there are certain objections that the plots in question are situated in unauthorized layout and hence, the fourth respondent is examining the said aspect and as soon

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2 MSK,J W.P.NO.3168 0F 2023

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as the examination is completed, the documents will be processed in accordance with law.

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Taking into consideration the facts and circumstances of the case, the Writ Petition is disposed of directing the fourth respondent to process the per-rding document bearing No. 1 to 21 12023 in respect of Plot Nos.l, 2, 1l to 19 and 36 to 51 situated at Mahadevpur Village, Bibinagar Mandal, Yadadri Bhongir District, presented for registration before him and complete the process in accordance with law within a period of two (2) weeks from t1.e date of receipt of a copy of this order and communicate the same to the petitioners.

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There shall be no order as to costs. Miscellaneous

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*.'-._--

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applications, ifany, pending shall stand closed.

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SD/.R.KARTHIKEYAN ASSISTANT REGISTRAR

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//TRUE COPY// ,/ SECTION"bFFICER

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To, 1. The Sub Registrar, Bibinagar [r,4andal' Yadadn Bhongir District

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One CC to^{SJi tVl A K. lr/ukheed. Advocate} IOPUC]

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a: ifi CCr't"^{Gp for Stamps and Registratidns, High Court for the Stateof} Telangana at^HYderabad. IOUTI

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a. i*"o icri" Gi^{ror Reveriue, riigrr Court for the State of Telangana at} Hyderabad. [OUT] 5. Two CD Copies CHR. sB rlv-

HIGH COURT

DATED:2010212023

ORDER

W.P.No.3168 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Tirunahari Vivekananda Swamy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Tirunahari Vivekananda Swamy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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