Partly allowed

M/s Sarath Babuji Projects Private Limited and another v. The State of Telangana and 3 others

Telangana HC21 Apr 2023WP/738/2023

Case brief

AI extract

What is this about?

High Court disposed of a writ petition and interlocutory application challenging a Sub Registrar's refusal to register a Sale Deed. The Court directed the authority to comply with the Registration Act without expressing an opinion on the merits of the registration claim.

What did the court decide?

Directed the registering authority to receive, register, and release the sale deed pending disposal of the writ petition, subject to compliance with relevant Acts.

M/s Sarath Babuji Projects Private Limited… — Civil Procedure and Limitation | 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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FRIDAY, THE TWENTY FIRST^{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: 738 OF 2023

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Between:

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1 . M/s Sarath Babuji Project s Private Limited. represented by its Director Sri P.SUBBA RAJA S/o Sri P PADI/ANABHAIAH, aged about 69 Years,Occ. Business, R/o. Plot No. 16, IDA Balanagar, Hyderabad.

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M/s Conceptual Constructions, A Partnership firm, having its Office, at Plot No.52, Phase-|, Venkusa Estates, Kowkur Alwal, ttletjchal Malkajgiri District, represented by its partners-

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a. Sri Sunder Boddupalli Sio Late B Raghavachary, Aged about 58 Years, Occ.Business, R/o H.No 6-3-83211 . Opp t/CH Market, Ameerpet, Hyderabad.

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b. Sri Ramesh Yepuri S/o Sri Han Yepuri, Aged about 60 Years, Occupation. Business, R/o.H.No.6-5/30/3, Self Frnance Colony, Vanasthalipuram, Hyderabad. Represenled by GPA Holder Sri Sunder Boddupalli S/o. Late B.Raghavachary, Aged about 58 Years, Occ. Business, R/o. H.No.6-3-832/1, Opp. MCH Market, Ameerpet. Hyderabad

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...PETITIONERS

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AND

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1 The State of Telangana, Rep by its Principal Secretarv (Revenue), Secretariat, Hyderabad.

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2 The District Registrar, Medchal- Ivlalkalgiri District

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3 The Sub Registrar, Malkajgin Medchal - Malkajgiri District.

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4 The Telangana State Wakf Board, Nampally, Hyderabad, rep by its Chairman

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated tn the affrdavit filed therewrth the Hrgh Court may be pleased to issue writ, order or drrection more particularly one in the nature of writ of Mandamus declarrng the action of the 3rd respondent ie., The Sub Registrar, Malkajgiri, Medchal - Malkajgiri Drstrict, rn refusing to receive, process, register and release the Sale Deed presented by the petitioner in respect of Residential

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Open Plot No 50. adnreasuing 267 Sq Yards or 223.21 Sq. Mtrs., forming part of Survey Nos 11, 35 36 and 37. situated at VENKUSA ESfATES, PHASE-ttl, Kowkoor Vrllage. within the limits of Greater Hyderabad Municipal Corporation Alwal Circle and Mandal, Medchal Malkajgiri District as illegal, arbitrary, in violation of Articles 14.21 and 300,A of Constitution of lndia and also in violation of Registration Act. 1{)08. besrdes rn violation of Principles of Natural Justice and consequently drrect the respondent no 3 herein to receive, process, register and release the Sale Deec presented by the petitioner, in respect of Residential Open Plot No 50, admeasu'rng 267 Sq Yards or 223.21 Sq. .Mtrs., forming Part of Survey Nos 11, 35, 36, and 37, situated at VENKUSA ESTATES, PHASE-lll, Kowkoor Village. with.n the lirnits ol Greater Hyderabad Municipal Corporation Alwal Circle and Ma nda l, IVedcha l-fi/a lkajg iri District.

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lA NO: 1 OF 2023

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Petition under Sectron 151 CPC praying that in the circumstances stated in the affidavit frled rn support of the petition, the High Court may be pleased to direct respondent no 3 herein to receive process, register, and release the Sale Deed presented by the petitroner in respect of Residentidl Open Plot No.50, admeasuring 267 Sq Yards or 223 21 Sq. Mtrs., forming Part of Survey Nos. 1'1 , 35, 36 and 37, srtuatel at VENKUSA ESTATES, PHASE-Ill, Kowkoor Village, within the lrmrts of Greater Hyderabad ltlunicipal Corporation Alwal Circle and Mandal, Medchal-lr,4alka,grn Drstrct, rn the interest of^{justice, pending} disposal^of the above writ petrtron^pending drsposal of the above writ^{petitionpending disposal} of the above writ petitron

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Counsel for the Petitiorrers:^{M/S. B. SHIRISHA}

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Counsel for the Respondent^{No. 1 to 3: GP FOR STAMPSAND REGISTRATION}

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Counsel for the Respondent^{No.4:SRl. FARHANAZAM KAHN' SC FORWAQF} BOARD

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The Court made lhe following: ORDER

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THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER^KUMAR WRIT PETITION No.738 of 2O23 ORDER:

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Heard learned counsel for t.he petitioners, learneci Assistant Governmcnt Plcader for Stamps and Registration appearing for respondent Nos.l to 3 and Sri Farhan Azam Khan, learned Standing Counsel for respondent No.3-Waqf Board. With their consent, this ',vrit petition is disposcd of at the stage of admission. 2. Aggrievcd bv the action of respondent No.3 in refusing Lo rcceive, registcr and releasc the subject document presented I;y the petitioners for legistration in respect of residential open plot No..50, admcasuring 2617 square yards or 223.21 squa.re metcrri, forming part of sun,c,,, Nos. 1 l, 35, 36 and 37, situated at /enkusa li:jt.rlcs, Phase III, iiorr.'lcoor Village, within the limits of Greatcr FIyde rabad Municipal Corportrtion, Alwal Circle ancl Manclal, Medchal-Ma lkajgirr l)istrict, tlrc petitioners filecl the present writ petition.

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Thc Assistant Govcrnment Pleader has stated that thc rcspondcnts r.r,ilI follori. thc procedure contemplated under Section 7l of thc Rcgistration Acr, 1908 ([or short, 'ttre Act, 19O8,).

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Section 7 I o[ tltc Act rcads as [ollows:

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Reasons fbr refusal to reslster 1o [)e l.ccorded.--

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(L) L)ver! Sub licgislrar rclLlsing to register a document, except on tlx: ground that llrc propcrtv to rr,hiclr it relatcs is not situated withil)

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his sub-district shall raake an order o[ refusal and rccorded his reasons for such order in his Book No.2, and cndorse the words "registration refused,, on thc document; and, on applicatron madc by any person executing or claiming under the document, shali, wrthout payment and unnecessarlr dela5,, givc hrm a copl: of thc reasons so recorded.

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(2) No registering officer shalr accept for rcgisrration a docrmc.t so cndc,rscd ur.rless and until, under the provisions lLcrernafter cont;rined, the document is directed to be regrstcred.

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[n view of the above made submissions coupled u,ith the provision uncier Section 71 of the Act, 190g, this Writ petition is d isposecl of directing the Re gistering Authority to rcccir.,c, register ancl release rhe subject docurnent, subject to the petltioncrs compllring wil.h the provisions of the Act, 190g as rr.r:ll as thc Indran Stamp Act, 1899. It rvill be open to the Registcring Authority to r<:fuse the document presented bcfore hinr, i{. lrc hzrs arn objcction, by duly assigning reasons in support ol such dccjsion and communicate the said decision to the pctrtior.rers. It rs made clear that this Court has not exprcssecl anv opinion <;n rnerits o[ lhe case as to the entitlement of the petitloncrs to get thc subject documcnt registered. No costs.

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Misccllaneous Petitions, if any, pending in this \rril pctition sl'rall stand closcd

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SD/- K.SREERAMA^M TY ASSISTANT^REGI RAR //TRUE COPY// SECTION FFICER

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To, 1 The Prncipal Secretary^{(Revenue), Secretariat, The State of Telangana'} Hyderabad.

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2 The Drstrrct Registrar, Medchal- Malkajgiri District. 3 The Sub Registrar, t\rlalkajgiri Medchal - Malkajgiri Distrrct 4 The Telangana State Wakf Board. Nampally, Hyderabad. rep by its Chairman 5 One CC to l\rlls B Shirisha, Advocate [OPUC] 6 One CC to Sri. Farhan Azam Khan, SC for Waqf Board [OPUC] 7 Two CCs to GP for Stamps And Registration, High Court for the State of Telangana. [OUT] Two CD Copies TJ (/

HIGH COURT

DATED:21 10412023

ORDER

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| ,-) 2 4 IiP|l ?ii?3

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WP.No.738 of 2023

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DISPOSING OF THE WRIT PETITION

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WITHOUT COSTS.

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D
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M/s Sarath Babuji Projects Private Limited and another v. The State of Telangana and 3 others

Case brief

What is this about?

What did the court decide?

M/s Sarath Babuji Projects Private Limited and another v. The State of Telangana and 3 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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