Dismissed

P. Amit Agarwal v. The State of Telangana

Telangana HC24 Apr 2023WP/6799/2023

Case brief

AI extract

What is this about?

Hearing a writ petition challenging the refusal to register a sale deed due to property being on a prohibited list, the court found the objection withdrawn after the authority deleted the property from the list, thereby disposing of the petition.

What did the court decide?

Petitioner granted liberty to present the sale deed for registration within two weeks, subject to compliance with the Registration Act and Stamp Act provisions.

P. Amit Agarwal Vs The State of Telangana — Land Acquisition | Telangana HC (2023)

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[³²⁵⁶ ]

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I I l l I I

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

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MONDAY, THE TWENTY FOURTH DAY^{OF APRIL} 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: 6799 OF 2023

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Between:

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P. Amit Agarwal, S/o C.Prakash Agarwal, Aged about 47^years, Occ. Business, R/o. Plot No.160, Door No. 3-2-332, Banjara^{hills, Hyderabad.}

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...PETITIONER

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AND

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The State of Telangana, Rep. by its Principal Secretary^(Revenue), Secretariat Building, Hyderabad.

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The District Collector, Sanga Reddy District.

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The Tahasildar cum Joint Registrar, Patancheru Mandal, Sangareddy District

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4.^{.Commissioner} and lnspector General, Registration and Stamps, Telangana.

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The Tahasildar, Patancheru Mandal, Sangareddy District.

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'.t

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...RESPONDENTS

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iPetition under Article 226 of the Constitution of lndia^praying that in the circumstances stated in the affidavit filed therewith, the'l-ligh Court may be pleased to issue Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 i.e., The Tahasildar cum Joint Registrar, Patancheru Mandal, Sangareddy District, in refusing to receive and rbgister the Sale Deed presented by the Petitioner in respect of land admeasuring Ac.1.18 Gts in Sy.No.128, Muthangi village, Patancheru Mandal, Sanga Reddy District, basing on the lefter addressed by the Respondent No.S vide Lr.No. B/1^'1319t2O11, daled 1BtO5l2O12, is illegal, arbitrary, in violation of Articles 14,21 and 300-A of Constitution of lndia and also in violation of Registration Act, 1908, ation of Principles of Natural Justice and consequently to direct No.3 i.e., The Tahasildar cum Joint Registrar, Patancheru Mand District, to receive, register and release the Sale Deed prese ted by the Petitioner in respect of land admeasuring Ac.'l .1 8 Gts in

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Sy.No.128, tMuthangi village, Patancheru lvlandal, Sanga Reddy District, without reference of the letter addressed by the Respondent No.5 vide Lr.No. Bl 1 1 3191201 1, dated 1 81051201 2.

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lA NO: 1 OF 2023

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Petition under Section 151 CPC^praying that in the circumstances statedⁱⁿ the affidavit filed in support of the^petition, the^{High Court may be pleasedto direct} the respondent No.3 i.e., The Tahasildar cum^{Joint Registrar, Patancheru Mandal,} Sangareddy District, to receive, register and release^{the Sale Deed presentedby} the Petitioner in respect of land admeasuring^{Ac.1.1BGts in Sy.No.128,Muthangi} village, Patancheru Mandal, Sanga^{Reddy District,without reference of the letter} addressed by the Respondent^{No.5 vide Lr.No.B,11131912011,dated1810512012} pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI^{KATIKARAVINDER REDDY} Counsel for the Respondents: AGP^{FOR REVENUE}

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The Court made the following: ORDER

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I \

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I I

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THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

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trrRIT PETITION No.6799 OF 2023

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ORDER:

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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue for the respondents. 2. This Writ Petition is filed seeking a Writ of Mandamus to declare the action of respondent No.3 in refusing to receive and register the Sale Deed sought to be presented by the petitioner in respect of land admeasuring Ac. 1.l8 gts., situated in Sy.No.i2g of Muthangi Village, Patancheru Mandal, Sanga Reddy District, basing on the letter of respondent No.S vide letter No.B/ ll3lg l2}l1, dated 18.05.2012, as illegal and arbitrary. 3. When the matter came up for consideration on 2L.O4.2O23, learned Assistant Government pleader for Revenue brought to the notice of this Court that the subject property was included in the prohibited properties list basing on the letter of respondent No.5, dated 18.O5.2012 arrd an application bearing No.22OO100769 submitted on Dharani portal requesting for deletion of the said propert5r from the prohibited properties list is pending for consideration before respondent No.2 herein and sought some time for placing further action on r.ecord.

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4 . Toda1,, whcn the ma tter is taken up for con sidcration, it is brtlught to tlte notice of i_lris courl by the learned Assistant Government Pleader for Revenue that the sa.id online applicaiion which was submittcd lor dcleting the subject property from the prohibitory properties list was accepted by rcsponderrt No.2 and the said property is no more in the prohibited ptoperties Iist and the petitioner is free to present the subject <locurneat before responCent No.3.

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.5. In the light of ttre above, the grievan<:c cf the petitioner does not survivc in this Writ Petition and accordingly, the Writ petition is disposed of and the petitioner is granted liberty to present the Sale Deed in respcct of the subject property for registration before respondent No.3 and in case, if the sarne is presentc<i by the pctitioner, respondent No.3 shall receive and register the said document subject to complying with the provisions of the Registration Act, 1908 and the Indi:rn Stamp Act, 1899, within a period of two weeks from the date of presentation of the said document by the petitioner.

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As a sequel, miscellaneous petilions, pending if any in this

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Writ Petition, shall stand closcd. No costs.

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sD/.N.cstDffiHs,[tR

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//TRUE^COPY//

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To 1 The Principal^{Secretary (Revenue), SecretariatBuilding' Hyderabad'State of} Telanoana.

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2 i[;Dirtr[i Collector,^{Sanga Reddv District'}

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J +H i$;id;;J;^{i"i;t ftesisl|"ar, Patancheru Mandal, Sangareddv District'} 4 cornmissonur.^{and lnspectorbeneral, RegistrationandStamps, Telangana'} 5 ine ranasilaar,^{Pataniherutvlandal, SangareddyDistrict.} 6 One CC to SRI^{I(ATIKA RAVINDERREDDY,AdvocqtetOPU-Cl.} iwo CCs to GP^{FOR REVENUE, High Courtfor the State of Telangana'at} Hyderabad. [OUT]

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X1, 8 Two CD^gopies &,y'

HIGH COURT

DATED:2410412023

ORDER

WP:No.6799 of 2023

r. STA
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DISPOSING OF THE WRIT^PETITION WITHOUT COSTS.

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P. Amit Agarwal v. The State of Telangana

Case brief

What is this about?

What did the court decide?

P. Amit Agarwal 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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