Allowed

Atluri Sathyavathi v. State of Telangana

Telangana HC19 Aug 2024WP/14426/2022

Case brief

AI extract

What is this about?

The Court allowed Writ Petition No. 14426 of 2022 in terms of the order passed in W.P. No. 16109 of 2024. The petition claimed the refusal to register a sale deed was illegal. The petition had been registered pursuant to an interim order pending this final decision.

What did the court decide?

Petition allowed; Respondents directed to comply; title dispute left open for competent forum.

Atluri Sathyavathi Vs State of Telangana — Specific Performance | Telangana HC (2024)

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HIGH COURT FOR THE^{STATEOF TELANGANA} AT HYDERABAD (Special Original Jurisdiction)

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MONDAY, THE NINETEENTH^{DAY OF AUGUST} TWO THOUSAND^{AND TWENTY FOUR}

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PRESENT

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THE HONOURABLE^{SRIJUSTICE N.V.SHRAVAN KUMAR}

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WRIT PETITION^{NO: 14426 OF 2022}

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Between:

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Smt. Atluri Sathyavathi,^{Wo A Sambas Siva Rao' Aged. aboutyears'Occ'} For.i'rrit", nl6^{n.ruo.1-1-24.Mohan Nagar' Road No 2' Saroomagar'} HYderabad

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"'PETlrloNER

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AND

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State of Telangana,^{representedby itsPrrncipal S9cr9!ary Department of} ' Revenre, Stafips and'Registratiori, T S Secretariat, Hyderabad

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Td C;;missioher^{and lnipectorGeneral Registrations and stamps'} Government of^Telanqana

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s. iid iiiiiii"tilegistrariRegistration^{and Stamps, Ranga Reddy District'} Hvderabad.

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4 it;U;i Sub-reg^{istrar, Reg istrarOffice, Serilingampally' Ranga Reddy} District

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"'RESP.NDENTS

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Petition under^{Article226 of the constitutionof lndia praying that in the} circumstances^{stated in the affidavitfiledtherewith' the High Courtmaybe} pleasedtoissueanappropriatewrit,orderordirectionmoreparticularlyoneinthe nature of writ of^{Mandamus declaring the action of the Respondent No 4 in} refusing to receive,^{registerthe Sale Deed in respectof the plot B No' 124' an} admeasuring^{400 sq.yards, comprisedin Sy No 36/24 situatedat VinayakNagar} Colony Gopanpally^{Village'Serilingampally Mandal' Ranga Reddy District'as} illegal, arbitrary,^{unconstitutional and againstthe provisions of lawand} consequentlydirecttheRespondentNo-4hereintheregistertheSaleDeed presented by the^{petitioners and release the same'}

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lA NO: 1 OF 2022

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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 4 to receive, register the Sale Deed in Respect of Plot B No 124, admeasuring 400 Square yards, comprised in Sy.No. 36/24 situated at Vinayak Nagar Colony Gopanpally Village, Serilingampally [Vlandal, Ranga Reddy District, and release the same pending disposal of the Writ Petition.

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Counsel for the Petitioner: SRI ESLAVATH RAJU Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION

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The Court made the following: ORDER

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THE HONOURABLE SRIIUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITION No.14426 0F 2022

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ORDER:

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Heard tehrned counsel for the petitioner and Learned Assistant Government Pleader for Stamps and Registration appearing for respondents. With the consent of the parties, the writ petition is being '^I ii.i 1' ta{en ilp for disposat.^t

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Today when the matter has been taken up for hearing, learned counset for the petitioner submits that writ petition is squarely covered by the order passed by this Court in W.P.No.'t6109 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.ES1282512021 and the similar letter dated 29.09.2021 in which reference of letter dated 10.06.2021 was mode, ore only letters submitted by District Collector, Ranga Reddy District to District Registror, Registrotion & Stomps Deportment, Rango Reddy District for toking further necessory action ond thot cannot be the basis for refusol for registrotion of the subject property. lt is also pertinent to note thot subsequently, no notificotion was issued by respondent authorities with respect to the list of lands mentioned in the letter doted 10.06.2022. ln view of the same, letter dated 10.06.2021 in Lr.No.E5/282512021 and the similar letter doted 29.09.2021 submitted by District Collector, Rongo Reddy District to District tr+ Registrar, Registrotion & Stamps Department, Ronga Reddy District ore not in consononce to the provisions of Section 22-A

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of the Act ond 22(A)(1 )(e) ond Clouse (vi) ol the guidelines and the some connot be referred for the purpose of denying registration of the subject properties. Consequently, ret'erence mode vide Lr.No.E5/282512021 , doted 10.06.202l ond similor letter doted 29.09.2021 ore per se iltegol, arbitrory ond bod in law and ore hereby set aside and writ petition stands ollowed. Registering Authorities ore directed to receive, register ond releose the sole deed presented by the petitioner in respect of the subject property, subject to the petitioner complying with the provisions of the lndian Registrotion Act, 1909, ond tndian Stomps Act, 1899. lt is also open to the Registering Authority to refuse to register the subject document, by specificalty ossigning the reasons in terms of Section 7l of the Act, l90g ond communicate the said decision to the petitioner,

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Needless, to state thot respondent Authorities sholl scrupulously follow the directions and shoil not further refer to the Lr.No.E5t2825tZ02t doted lO.06.202lond similar letter dated 29.09.2021 os a reoson for refusal of registration and Registering Authorities shall verify the some before denying the registering on the similar ground which has alreody been addressed in this writ petition. lt is mode cleor thot mere registrotion of the document does not confer titte on the subject property and it is olso mode ctear that this order would not hove ony bearing on oll those motters where titletrights of the parties are pending before the outhorities either in revisionl oppeals for odjudicotion ond in any other case this order also does not preclude the ptorties in osserting their rights before a competent Court of low.

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Accordingly, writ petition is ollowed with the above observations."

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Learned counsel for the petitioner further submitted that in the present writ petition this Court, while granting interim order dated 24.03.2022, had directed the Registering authorities to register the subject documents. Subsequentty, in pursuance of said interim order, the Registering authorities have registered the subject documents and pray this Court to dispose of the present writ petition in terms of the order passed by this Court in W.P.No.16109 of 2024, dated 19.07.2074.

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Learned Assistant Government Pteader appearing for respondents does not dispute the same.

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Recording the above submission made by learned counsel on either side and the fact that Lr.No.E5l2825/2021 , dated 10.06.2021 and 79.09.2021 has already been set aside by this Court in W.P.No.16109 of 2024, dated 19.07.2024, accordingty, this writ petition is attowed in terms of the order passed in W.P.No.16'109 of 2074, dated 19.07 .2024.

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However, it is made clear that mere registration of the document does not confer any title on the subject^property and this order woutd not have any bearing on atl those matters where titte/rights of the^parties are^pending before the authorities eitherⁱⁿ revision/appeats for adjudication and in any other case this order^also

woutd not prectude the parties in asserting their rights before the competent Court of [aw.

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