Disposed

Smt. Thahera Begum v. The State of Telangana

Telangana HC15 Apr 2024WP/2408/2024

Case brief

AI extract

What is this about?

Petitioner sought a direction to the registering authority to receive and register two sale deeds for land in Siddipet district, which were withheld pending clarification on survey number status. Court directed registration within three weeks or reasoned refusal under Section 71.

What the court decided

AI extract

Smt. Thahera Begum Vs The State of Telangana — Landlord and Tenant | Telangana HC (2024)

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[³²⁵⁵ ]

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

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MONDAY, THE FIFTEENTH DAY^{OF APRIL} TWO THOUSAND 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 N O: 2408^{OF 2024}

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Between:

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Smt. Thahera Begum,^{W/o Late MohammadAbdul Hameedl agPq a!9.u151} vears. Occ Farmir,^{Ryo H.No.5-44, Pregnapur,Gajwelttilandal'Siddipet} bistrict-so2 311, Telanagana State ...pETlTloNER

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AND

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1 The State of Telangana, Rep. by^{its Principal Secretary,Revenue} (Registration & Sta"mpsi, Department,^{T.S. Secretariat, Saifabad, Hyderabad-} 500 022.

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2 The Commissioner & lnspector^{General of Registrations & Stamps'Stateof} Telangana, Registration Bhavan,^{tV.J. Market, Hyderabad.}

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3 The Tahsildar-cum-Joint^{Sub-Registrar, Gaiwel Mandal, Siddipet District'} lntegrated Office Complex, Gajwel,^{Siddipet District-s02278.}

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4 The Executive Engineer^(l &^{C.A.D.), lrrigation Department,Sub-Division,} Gajwel, Siddipet Districl.

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5 The Assistant Director, Survey^{& Land Records, lntegratedDistrict Office} Complex Siddipet, Siddipet^District.

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(Respondent Nos.4 and 5 are impleaded^{as per C.O. dated 15'04'2024in l'A'} No.2120241

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...RESPONDENTS

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Petition under Article 226 of^{the constitution of lndia prayingthat in the} circumstances stated in^{the affidavit filed therewith,the High court maybe} pleased to issue a writ, order or^{Direction, more particularly one in nature of writ} of Mandamus, declaring^{that the action of the 3 respondentin not processing and} registering the sale Deeds,^{submittedby the petitioner,vide ApplicationNos.} 2300252223 and 2300252606,^{dated 0511012023,for an extent of Ac.0.25}

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Gunats and Ac. 0.1 7 Guntas respectively, in respect of the Survey No.363/E€, Pregnapur Village, Galwel Mandal, Siddipet District, as illegal, improper, arbitrary, unjust, contrary to the provisions of Registration Act, 1908 and ROR Act,2020, violative of Articles 14,21 and 300-4 of the Consitution of lndia and u nco nstitutiona I and consequently direct the 3rd respondent to receive the Sale Deeds, submitted by the petitioner, vide Application Nos. 2300252223 and 2300252606, dated 05/10/2O23 by registering the same and release the documents to the respective purchasers, duly incorporating the sale transaction in the Dharani podal, by issuing Pattadhar Pass Books in favour of the purchasers.

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lA NO: 1 OF 2024

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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 3rd respondent to receive and process the Sale Deed submitted by the petitioner, vide Application Nos. 2300252223 and 2300252606, dated 05/10/2023 by registering the same and release the document to the respective purchasers, pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI GOURARAM RAJASHEKAR REDDY

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Counsel for the Respondent No.1 to 3: ASST. GP FOR STAMPS & REGISTRATION

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Counsel for the Respondent No.4: cP FOR IRRIGATION & CAD Counsel for the Respondent No.5: GP FOR REVENUE

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITION No.2408 of 2024

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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 the respondents. With their consent, this writ^petition is disposed of at the stage of admission.

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2 This writ petition is fited seeking the fottowing^prayer:

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"to declare the action of the 3'd respondent^{in not processing} and registering the Sale Deeds submitted by the^petitioner vide Apptication Nos.2300252223 and 2300252606, dated 05110/2023 for an extent of Ac.0.25 Gunats and Ac.0.17 Guntas respectivety in respect of the Survey No.363/EE, Pregnapur Village, Gajwel Mandat, Siddipet District as ittegal and contrary to the^provisions of Registration Act 1908 and ROR Act, 2020 viotative of Articles 14, 21 and 300-A of the Constitution of lndia and unconstitutional and consequentty direct the 3'd respondent to receive the Sate Deeds submitted by the^petitioner, vide Apptication Nos.2300252223 and 2300252606, dated 05110/2023 by registering the same and release the documents to the respective purchasers duty incorporating the sate transaction in the Dharani portal by issuing Pattadhar Pass Books in favour of the purchasers"

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Learned counset for the petitioner submits that^petitioner is the absotute owner and^possessor of land to an extent of Ac 1.07 Guntas in Surey No.363/EE of Pregnapur Vittage, Gajwel Mandat, Siddipet District and the respondent authorities also issued Pattadhar Passbook vide Bearing No.Tl0070182004 and submits that petitioner intends to se[[^(and an extent of Ac.0.25 and Ac.0.17 guntas to third parties and atso booked slot for registration in Dharani PortaI vide apptication Nos.2300252223 and -_

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i I I i

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7300252606, however the respondent No.3 is refusing to receive and process the subject property without assigning any reasons and pray this Court to direct the respondent No.3 to receive, register and retease the subject document or fottow the procedure contemptated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908').

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Learned Assistant Government Pteader for Stamps and Registration ptaced instruction of respondent No.3, which reads as:

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"Further it is submitted that as per Vitlage Map the Sy.No.363 recorded as "Patta Kunta" for which the said apptications not considered, further it is submitted that Line Departments i.e., lrrigation and Asst.Director Survey & land Records ctarification required in the matter whether the said Sy.No.363 is covered under "Kunta" or not. The same is under process, after obtaining the clearance and report the said apptication wi[[ be disposed"

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Learned Assistant Government Pteader submits that the respondents

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witl fotlow the procedure contemplated under Section 71 of the Registration Act, 1908 (for short, 'the Act, 1908').

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Section 71 of the Act reads as fotlows:

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Reasons for refusal to register to be recorded.-

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(1)Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated within his sub-district, shatt 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 apptication made by any person executing or ctaiming under the document,

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shatt, without payment and unnecessary^{detay,give him} a copy of the reasons^so recorded.

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(2) No registering officer shat[ accept for registration^a document so endorsed^{unless and untit, under the} provisions hereinafter contained, the document^is directed to be registered.^"

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Recording the above submission^{made by learnedcounselon either} side and without expressing any^{opinionon the merits of the caseand in} view of the fact that^{petitioner has alreadypaidthe registration charges,} and booked stot vide apptication^{Nos.2300252223and 2300252606, dated} 05.10.2023 and sale deeds are^{also generated throughDhraniPortat,hence} this Court deems it appropriate^{to disposeof the writ petition, directingthe} Registering Auttfority to^{receive, register andretease the subjectdocument,} presented by the petitioner, as expeditiously^{as possibte,preferabtywithin} a period of three⁽⁰³⁾ weeks^{from the date of receipt of copyof this order,} subject to the^{petitioner comptying with the provisionsof the lndian} Registration Act, 1908, and lndian^{StampsAct, 1899. lt is atso open to the} Registering Authority to refuse to^{registerthe documents by specificatty} assigning the reasons in terms of^{Section71 of the Act,1908 and} communicate the said decision^{to the petitioner.}

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Accordingty, this writ^{petition is} disposed of. Misce[[aneous

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apptications, if any^pending, shatl^{stand closed.} No order as to costs.

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Sd/. NAYANI^{CHANDRA SEKHARRo} ASSISTANT^REGIST R

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//TRUE COPY//

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SECTION OFFICER

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To, 1. The Principal^{Secretary, Revenue(Registration.&, Stamps),} -T^he^^{State of} +H;.;;,"6;p-r-rt1Tllnil^{i. s. b""i"ta|.i"tlsaifgbad'Hvderabad-50oo22'}

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