Sri E. Bhadraiah v. The State of Telangana and 2 Others

Telangana HC21 Aug 2024WP/19842/2021

Case brief

AI extract

What is this about?

The High Court of Telangana withdrew the admission of the Supreme Court in the present case, noting that a previous interim order directed the registration authority to process the document, thereby rendering the current petition unnecessary. The Court closed the writ petition granting liberty to approach the appropriate authority if aggrieved, while reiterating the stay on further dealings with t

What did the court decide?

The writ petition is closed; liberty is granted to seek appropriate remedy; no costs.

Sri E. Bhadraiah Vs The State of Telangana and 2 Others — Property and Title | Telangana HC (2024)

¶1

[^32ss ]

¶2

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

¶3

WEDNESDAY, THE TWENTY^{FIRST DAYOF AUGUST} TWO THOUSAND^AND TWENTY^FOUR

¶4

PRESENT

¶5

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

¶6

WRIT PETITION NO:^'19842 OF²⁰²¹

¶7

Between:

¶8

Sri E. Bhadraiah, S/o. Sri^{Ralaveeraiah,Aged about 58 years,Occ. Ex-ServiceMan,} Rr/o. H.No. 3-7 -617 11, Vavillalapally,^{Karimnagar District.}

¶9

.....PETITIONER

¶10

AND

¶11

The State of Telangana,^{Departmentof Revenue(Stamps and Registration)'} Secretariat Building's, ttyderabad,^{Rep by its Principle Secretary.}

¶12

The Sub-Registrar,^{Gangadhara,Karimnagar District.}

¶13

The District Registrar^of Assurance,^{Stampsand Registration Department,} Karimnagar District.

¶14

.....RESPONDENTS

¶15

Petition Under Article 226 of the Constitution^{of lndiapraying that in the} circumstances stated in the affidavit^{filed therewith, the HighCourt may be} pleased to issue a Wril, order or direction one in the nature of Writ^{of Mandamus.} a. declare the action of the^{RespondentNo.2 in not receivingthe Sale Deed} offered by the Petitioner and not receiving and^{registeringthe sameas illegal,} arbitrary and violative of Article 14, 19,21 and 300^(A) of the Constitution^{of lndia} and S. 22-A of Registration Act, 1908, b. further direct^{the Respondent No.2 to} receive the Sale Deed^presented by the Petitioner and^{processthe same for} registration.

¶16

t.A.NO^..1 0F²⁰²¹

¶17

Petition Under Section^{151 CPC praying that in the cr'cumstances statedin} the affidavit^{filed in supportof the petition, the High courtmay be pleasedto} direct the^{RespondentNo 2 to receivethe Sale Deed anciregisterthe same in} respect of^{land in Sy.No 153 admeasuring240Sq Yards situated at Rekurthi} Village of Karimnagar^{District, pending disposal of the writ petition'}

¶18

Counsel for^{the Petitioner : SRI K.ASHOKREDDY}

¶19

Counsel for the^{Respondents: GP FOR REVENUE}

¶20

The Court made^{the followingORDER}

¶21

, \

¶22

I \

¶23

HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

¶24

WRIT PETITION No.19842 ot 2021.

¶25

ORDER:

¶26

This Writ petition is filed seeking the^{following prayer:-}

¶27

"a. to declare the action of the Respondent No.2 in not receiving the Sale Deed offered by the^Petitioner and not receiving and registering the^{same as illegal,} arbitrary and violative of Article 14,^19, 21^{and 300} (A) of the Constitution of India and S'22A of Registration Act 1908.

¶28

b. further direct the Respondent^No.2 to^{receive the} Sale Deed^presented by the Petitioner and^process the same for registration. "

¶29

Today when the matter has been taken up for^hearing, learned counsel for the^petitioner submitted that this^{Court vide} order dated 16.06.2022 has^passed the^{followingorder:-}

¶30

"In view of the above and for the reasons alike in the order dated 01.07.2020, the respondent^{No.2 is} directed to receive and^process the^{document, subject} to compliance of^provisions of the Indian^Registration Act, 1908 and Indian Stamps Act, 1899 and to ascertain the status of land, as reflected^{in the revenue} records. If the deed of conveyance cofttpiles with^all the requirements and there is no embargo^{in accepting} the document for registration, the^Registering Authority shall register and release the document, However, any such action shall abide the^result of the writ petition. Further, petitioner is directed not to resort to further conveyance of the subject^property without leave of this Court.

¶31

Registry shall make an endorsement on the writ petition to the effect that the same shall not be permitted to be withdraw."

¶32

Learned counsel for the^petitioner further submitted^that inspite of several efforts, there are no instructions^{from the}

¶33

".-"

¶34

::2:l

¶35

petitioner whether the subject document is registered or not. However, submits that in view of the interim order dated 16.06.202? no further orders are required to be passed in this writ petit.ion and pray this Court to close the writ petition with a tiberty to the petitioner to seek appropriate remedy as available u nder law, if aggrieved.

¶36

Recording the submission made by the learned counsel for the petitioner, this Writ^petition is closed and if the petitioner is still aggrieved, liberty is granted to the petiticner to seek appropriate remedy as available under law. It is made clear that the condition in the order dated 16.06.2022 stipulated to the extent of not to resort to further conveyance of the subject property without leave oF this Court hold good and continues.

¶37

Accordingly, this writ petition is closed. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.

¶38

SDi. N CHANDRA^SEKHARRAO ASSISTANT^REGISTRAR /iTRUE^COPY// 4 SECflOi{I^OFFICER

¶39

To 1 Two CCs^{to GP FOR REVENUE'High Court for the State of Telangana at} 2 311"3t?i^{JRi'ItsHoK REDDY,Advocate roPUCl} J Two CD^CoPies

¶40

SA BN olv

HIGH COURT

DATED:21 10812024

ORDER

WP.No.19842 of 2021

I
(o R tHE Sf4 14:
o
O
14 ocT alt e
f
* Dp
P,4

¶46

CLOSING THE W.P

¶47

WITHOUT COSTS.

¶48

etlu#
-./ 1|

Sri E. Bhadraiah v. The State of Telangana and 2 Others

Case brief

What is this about?

What did the court decide?

Sri E. Bhadraiah v. The State of Telangana and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Gunde Kalamma W/o G.Bikshapathi, Vs The State of Telangana

Badisa Narasaiah Vs Forest Range Officer

Sri Ragatee Venkat Reddy Vs The State of Telangana

Sri Konda Srinivas Vs The State of Telangana

Dr.P.S.Prasad Vs The Joint Sub Registrar-I, Moosapet,R.R.district

Smt. Medipally Sucharitha Vs State of Telangana