Allowed

Vennelakantibala Bhaskar v. The State of Telangana

Telangana HC14 Aug 2024WP/11274/2023

Case brief

AI extract

What is this about?

Single Judge Writ of the Telangana High Court allowed a petition praying for registration of a sale deed. The court followed a previous order setting aside specific Collector letters and directed the registering authorities to register and release the document.

What did the court decide?

The writ petition is allowed, directing Respondent No. 5 to register and release the sale deed in respect of the subject property pending disposal.

Vennelakantibala Bhaskar Vs The State of Telangana — Property and Title | Telangana HC (2024)

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[³²⁵⁵¹

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HIGH COURT FOR^{THE STATE OF TELANGANA AT HYDERABAD} (SPecial Original^{Jurisdiction)}

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WEDNESDAY,^{THE FOURTEENTH DAY OF AUGUST} TWO IHOUSAND^{AND TWENTY FOUR}

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PRESENT

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THE HONOURABLE^{SRI JUSTICE N.V'SHRAVAN KUMAR}

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WRIT PETITION^{No:11274 0F 2023}

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Between:

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Vennelakantibala^{Bhaskar, S/o Late V, Ramakrishna,Age.67years, occ.} AgiiJrltri", iilo Tetugrrayrpuram,^{Nellore Dist Andhrapradesh}

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...PETITIONER

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AND

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1 The State of Telangana,^represented -by^{its Principal. Secretary'Departmentof} i"r""r", stamps^{inO regidtration,T.S.'Secretariat,Hyderabad'}

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2 TheCommissionerandlnspectorGeneraIRegistrationsandstamps' Government of Telangana.

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The District District Collector,^{Ranga Reddy District'}

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J The District District Collector,^{Ranga Reddy District'} 4 The District Registrar,^{Registrationand Stamps,Ranga Reddy District'} Hyderabad.

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The Sub-regiskar,^{Registrar Office, Serilingampally,Ranga Reddy District}

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...RESPONDENTS

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Petition under^{Article226 of lhe constitutionof lndiaprayingthat in the} circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleasedtoissueanappropriateanwrit,orderorCirectionmoreparticularlyone in the nature of^{writ of Mandamus declaringthe actionof the Respondent No.3in} issuing letter No.^{E5t2825t2021Dated 101612021includingthe land in surveyNo} 36ofGopanpallyvillageofRangaReddyDistrictintheprohibitorylistU/s22(A) of Registration Act,^{ignoring the judgement of the Honourable Supremecourt} videdated13t1l2o15inSLPNo5029of201land5030of2011isarbitrary, illegalandtheactionoftheRespondentNo.Sinrefusingtoregisterandrelease the sale Deed^{citing Letter No. E5t282512C21Dated10$-2021 in respect of Plot} no. 42913, 430/3,^{in Sy.No36/4 and 36/E, admeasuring 330Sq'yds or 276Sq mts} situated at^{Vinayak nagar Colony, GopanpallyVillage,SerilingampallyMandal'}

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Ranga Reddy District, consequently^{direct the RespondentNc' 5 herein to} register the Sale Deed^{presented by the petitioner and release the same'}

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IA NO: 1 OF 2023

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Petition under section 151 CPC^{praying that in the circumstancesstated} in the affidavit filed in support of^{the petition,the High court may be pleasedto} direct the Respondent No.5 to^{register and release the sale Deed in respect of} Plot no. 42913, 43013, in Sy.No.36/4 and^{36/E, admeasuring l)30Sq.ydsor} 276Sq.mts situated at Vinayak nagar Colony,^{GopanpallyVillage,Serilingampally} Mandal, Ranga Reddy District and^{releasethe same pendingdisposalof the Writ} Petitio n.

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Counsel for the Petitioner: SRI E.RAMESH CHANDRA^GOUD

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Counsel for the Respondents: AGP FOR STAMPS^{AND REGISTRATION} The Court made the following: ORDER

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THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR

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WRITPETITIONNo. 712740F 2023

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ORDER

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Heard learned counsel for the petitioner and Learned Assistant Government Pteader for Stamps and Registration appearing for respondents' with the consent of the parties, the writ petition is being taken up for disposat.

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Today when the matter has been taken up for hearing, learned counsel for the petitioner submits that writ petition is squarely covered by the order passed by this court in W.p.No.161o9 of 2024, dated 19'07'2024, wherein retevant paragraphs Nos.13 to 15 are extracted hereunder: -

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'13. As such, the letter dated 10.06.2021 in Lr.No.E5/2825/2021 and the similcr letter dated 29.09.2021 in which reference of letter dated 10.06.2021 was mode, are only letters submitted by District Collector, Rcnga Redciy District to District Registrar, Registrotion &. Stamps Deportment, Ranga Reddy District for taking further necessory action ond thot cannot be the bosis for refusol for registration of the subject property. lt is olso pertinent to note that subsequently, no notification wos issued by respondent authorities with respect to the list of lands mentioned in the letter dated 10.06.2022. ln view of the same, letter dated 10.06.202l in Lr.No.E5/2825/2021 ond the similor letter dated 29.09.2021 submitted by District Collector, Rango Reddy District to District @i1frar, Registrotion &. Stomps Deportment, Rango Reddy District ore not in consonance to the provisions of Section 22_A

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of the Act and 2z(A)(r)(e) ond crause (vi) of the guidelines ond the some cannot be referred for the purpose of denying registration of the subject properties. Consequen y, reference mode vide Lr.No.E5/2825/2021, dated 10.06.2021 ond simitor letter dated 29.09.2021 ore per se illegal, arbitrary ano,bod in law ond ore hereby set oside and writ petition stonds ouowed. Registering Authorities are directed to receive, register ond releose the sale deed presented by the petitioner in respect of the subject property, subject to the petitioner complying with the provisions of the rndion Registration Act, r90g, ond rndian Stomps Act, 1899. lt is otso open to the Registering Authority to refuse to register the subject document, by specificouy ossigning the reasons in terms of Section 7l of the Act, l90g and communicote the soid decision to the petitioner.

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Needless, to state thot respondent Authorities shall scrupulously t'o ow the directions and sha not further re,rer to the Lr.No.E5/2825/2021 dated 10.06.2021and similar ietter doted 29.09.2021 as o reason for refusol of registration ond Registering Authorities shalt verify the some before denying the registering on the similor ground which has olreody been oddressed in this writ petition. rt is made creor thot mere registration of the ciocument does no.t confer titte on the subject property ond it is also mode cleor that this order would not hove ony bearing on oll those matters where titte/rights of the porties ore pending before the authorities either in revision / appeats for odjudication ond in any other case this order olso does not preclude the parties in asserting their riqhts before o competent Court of law.

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Accordingly, writ petition is allowed with the above observations-''

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, I

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Learned counsel for^{the petitioner furthersubmitted that in the} present writ petition this Court,^{whitegrantinginterim order dated} 21 .04.7023, had directed^{the Registeringauthorities to register the} subject documents. Subsequentty,^{in pursuanceof said interim order,} the Registering authorities^{have registeredthe subjectdocuments and} pray this court to dispose of^{the present writ petitionin termsof the} order^{passed by this Court in W.P'No.16109of 2074, dated 19'07'7024'}

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Learned Assistant Government^{Pteaderappearing for respondents} does not disPute the^same.

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Recording the above^{submission made by learned counseton} either side and the^{fact that Lr.No.E5l2825/202't, dated 10'06'2071} and 79.0g.2021^{has alreadybeen set aside by this Courtin} W.P.No.16109 of^{2C74, dated 19-07.2024,accordingty,this writ} petitionisattowedintermsoftheorderpassedinW'P'No'16109of 2074, dated 19.07^.2024.

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However, it is made^{ctear that mere registrationof the} document does not^{confer any titte on the subjectproperty and this} order would not^{have any bearing on atl those matters where} titte/rights of the^{parties are pending before the authoritieseither in} revision/appeats^{for adjudicationand in any other case this order also}

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woutd not prectude the parties in asserting their rights before the

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competent Court of taw.

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Accordingty, this writ petition is attowed. There shatt be no order as to costs. As a sequet, miscettaneous apptications pending, if

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any, shat[ stand ctosed.

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SD/- P. PADMANABHA^REDDY ASSISTANT^REGIS AR

//TRUE COPY//

SECTION OFFICER

To,

The Principal^{Secretary, Departmenl-ofRevenue,stampsand registration'} T.S. Secretariat.^{Hyderebad. State of Telangana'}

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The Commtssioner^{and lnspector GeneralRegistrations and stamps'} Government of^Telangana.

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The District^{Collector, Ranga Reddy District'}

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The District Registrar,^{Registrationand Stamps' Ranga Reddy District'} Hyderabad.

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5 The Sub-regrstrar,^{Registrar Office,Serilingampally' Ranga Reddy District'}

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One CC to SRI E^{RAMESH CHANDRA GOUD,Advocate [OPUt]l}

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7 TwoCCstoGPFORSTAMPSANDREG|STRAT|ON,HighCourtforthe State of Telangana^{at Hyderabad} [OUf]

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I Two CD Copies

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BSR GJP

HIGH COURT

DATED: 1410812024

ORDER

WP.No.11274 ot^2O23

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ALLOWING THE^{WRIT PETITION,}

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WITHOUT COSTS c,^GT'I

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E-

Vennelakantibala Bhaskar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Vennelakantibala Bhaskar v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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