Allowed

Karivedya Sathyabama v. The State of Telangana

Telangana HC4 Jul 2023WP/9397/2023

Case brief

AI extract

What is this about?

The High Court of Telangana, in a Writ Petition filed by petitioners challenging the refusal of the Sub-Registrar to register sale deeds without assigning reasons, issued a direction to the Registering Authority to receive and register the documents if they comply with the Registration Act and Stamp Act. The Court quashed the arbitrary refusal and mandated communication of reasons for any future r

What did the court decide?

The Registering Authority is directed to receive and register the documents presented by the petitioners if they comply with the Registration Act and Indian Stamp Act; any reasons for refusal must be

Karivedya Sathyabama Vs The State of Telangana — Property and Title | Telangana HC (2023)

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[³²⁰⁹ ]

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

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TUESDAY, THE FOURTH DAY OF JULY 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: 9397 OF 2023

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Between:

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Karivedya Sathyabama, Wo Late C.K. Shankaran, aged about 61 years, qccupation. Household, Rl/o. H.No. 10-'1-588, Bhagyanagar, Karimnagar District.

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CH. Vijayendar Rao, S/o Anna Rao, Aged about. 59 Years, R/o Arnakonda Village, Chopadandi Mandal, Karimnagar District now residing at H.No. 2-101517 , Bhagyanagar Karimnagar City

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...PETITIONERS

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AND

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The State of Telangana, Rep. by its Principal Secretary, Revenue (Registration and Stamps) Department, Secretariat Building, Hyderabad

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2 The District Registrar of Assurances Of Registration and Stamps Department, Karimnagar District, Telangana State

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J The Sub-Registrar, Gangadhara lvlandal, Karimnagar District

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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 of Arlandamus or any other appropriate Writ, order or direction, declaring the action of the respondents, in particular the respondent 3 herein in not receiving, registering and releasing the Sale deed submitted by the Petitioners in favor of prospective Vendee in respict of open land to extent of Ac.0-14Gts, in Sy.No.^'1619 situated at Rekurthy locality of Karimnagar City and open land to extent of Ac.0-22Gts, in Sy.No. 16/2, Open land to an extent of Ac.0-05 Gts in Sy.No. 16/1 1 situated at Rekurthy locality of Karimnagar City within the Municipal limits of Karimnagar Town and District, Telangana State, without assigning any reason as illegal, arbitrary and without^jurisdiction and consequentially directing to the 3rd respondent to receive, register and release the Sale deed presented by the Petitioner in respect of the above said property.

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lA 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.3 to receive, register and release the Sale deed presented by the Petitioner in favor of prospective Vendee in respect in respect of open land to extent of Ac.0-14Gts, in Sy.No. 16/9 situated at Rekurthy locality of Karimnagar City and open land to extent of Ac.0-22Gts, in Sy.No. 16/2, Open land to an exlent of Ac.0-05 Gts in Sy.No. 16/1 1 situated at Rekurthy locality of Karimnagar City within the Municipal limits of Karimnagar Town and District, Telangarra State pending disposal of the Writ Petition.

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lA NO: 2 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 permit. the Petitioner to amend the details of Respondent No.3 in the main writ Petition and also in direction petition as The Joint-Sub-Registrar Cum Tahsildar, Gangadhara lt/andal, Karimnagar District in the interest of^justice.

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Counsel for the Petitioner: SRI KALIDAS VAMSHIKRISHNA

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Counsel for the Respondents: SRI B. DILEEP KUMAR, ASST. GP FOR STAMPS AND REGISTRATION

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The Court made the following: ORDER

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HOIfBLE DT. JUSTICE CHILLAKUR SUMALATHA

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\4 BIJ -PEI U,llN -Np239l el - 2923

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ORDER:

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Heard Sri Kalidas Vamshi Krishna, learned counsel for the petitioners, as w.ell as Sri B. Dileep Kumar, learned Assistant Government Pleader for Stamps and Registration, who is representing respondent Nos. 1 to 3.

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Aggrieved by the action of respondent No.3-Subtn Registrar, Gangadhara Marrdal, Karimnagar District, refusing to receive and register the sale deeds presented by the petitioners in respect of the lanci admeasuring Ac.O.14 guntas in Sy.No.16 l9; Lhe lund admeasuring Ac.O.22 guntas in Sy.No.16 l2; and the land admeasuring Ac.O.O5 guntas in Sy.No. 16/11 of Rekurthy Village, Karimnagar Town and District, the present Writ Petition is iiled..

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.i. Learned counsel for the petitioners submits that the documents presented b-y the petitioners for registration were not entertained by the Registering Authority for the reasons best known to it. Learned counsel also states that no reasons were assigned for not entertaining the documents that were presented for rcgistra[ion by the pr]titioners, ',vhich is against the provisions of the Registration Act. 19OB and therefore, a :l

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!f,

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b.⁽ .\t.. .t ll.l).t/)^t))t)' ,)1 :t): I

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direction to the appropriate authoritl, to entertain the document krr registration may be issued.

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Learnr:d Assistant Government Pleader lor Stamps ancl Registratior-r subur its that necessary orders in that regard mar, be given

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Section 71 of the Registration Act, 1908, reads as follou,s:

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"Reasons for relusal to register to be recorded.( I ) trverJ, 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 person executing or claiming under the document, sha[[, without payment and unnecessary delay, give him a copy of the reasons so recorded.

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

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The Registering Authority is not empowered to refuse registration of document/ s except under the circumstances mentioned under the Registration Act, 19OB and the Rules

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Dr L)SL. J tt lr \ct.9391 o/ 2023

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made thereunder. Also, as per the version of the petitioners, rlo reasons were assigned for not entertaining the documents ri'hicl-r u'ere presented for registration b-v them. Therefore, this Court is of the vie$, that directions as prayed for have to be given to the public authority directing it to perform its function as required under law.

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Hence, this Writ Petition is disposed of with the following direction:-

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Registeing Authoitg is directed to receiue and register the documents presented by the petitioners in respect of the subject lands, in case, the said docttments complg uith the prouisions of the Registration Act, 1908, and the Indian Stamp Act, 1899. The Registering Authoritg can refuse to register the documents in case, the said documents are prohibited for registration under any of the prouisions of law, Rules or Regulations made thereunder. Hou.teuer, the reasons assigned thereof and the decision taken shall be communicated to the petitioners in writing. There shall be no order as to cosls.

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l)t r \1. I tt l' ,) r39- t,l :t))-l

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B. Miscellaneous petitions^{pending,ifany, shall stand}

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closed.

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SD/.A.PRATHIMA ASSISTANT REGIS

,TRUE COPY'

SECTION OFFICER

To,

'1 . The Principal Secretary, Revenue (Registration and Stamps) Department, The State of Telangana, Secretariat Building, Hyderabad

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The District Registrar of Assurances Of Registration and Stamps Department, Karimnagar District, Telangana State

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The Sub-Registrar, Gangadhara Mandal, Karimnagar District

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One CC to SRI KALIDAS VAIMSHIKRISHNA, Advocate IOPUC]

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Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the

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State of Telangana. [OUT] 6. Two CD Copies

SW --,

HIGH COURT

DATED:0410712023

ORDER

WP.No.9397 of 2023

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Karivedya Sathyabama v. The State of Telangana

Case brief

What is this about?

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Karivedya Sathyabama v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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