The Telangana High Court disposed of a writ petition seeking direction to register sale deeds for specified land without further consent. The court clarified that registration does not confer title and left the matter open for rights adjudication in competent courts.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[32s51
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction)
WEDNESDAY,THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENry FOUR
PRESENT
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION NO: 35965 OF 201s
Between:
M/s. Vijaysree Developers, a registered Partnership Firm, rep. by its Partner, M. Jayender Reddy, S/o. M. Venkat Reddy, aged about 43 years, Occupation Business, R/o. H.No.9-13/2, Reddy Colony, ghampapet, Hyderabad.
...PETITIONER
AND
...RESPONDENTS
Petition under Article 226 ol 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 Mandamus or any other appropriate writ directing the respondents 1 and 2 to act in accordance with law and entertain the Sale Deeds executed by the petitioner and return the same after due registration in respecl of the subject land admeasuring Ac.10.00 or parts thereof situated in Survey No.5218 of Turkamyamjal village, Hayathnagar Mandal, Ranga Reddy District, without requiring any further consent or No Objection from the 3'd respondent
l.A. NO: 1 OF 2015(WPMP. NO: 46246OF 20151
Petition under Section 151 CPC praying that in the circumstarices stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents to entertain and release the sale deeds executed by the petitioner after due registration in respect of the land admeasuring Ac.10-00 or part thereof situated in Survey No.S2lB of Turkamyamjal village, Hayathnagar Mandal, Ranga Reddy District, pending disposal of the writ petition.
Counsel for the Petitioner: M/S. BHARADWAJ ASSOCIATES
Counsel for the Respondents: AGP FOR STAMPS AND REGTSTRATION
The Court made the following: ORDER
HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.35965 OF 2015
ORDER:
Heard learned counse( for thepetitioner and LearnedAssistant Government Pteader for Stamps afld Registratiiln appearingfor respondents. with their consent, the writ petition is being takenup fordisposat.
7. This writ petition is fitedpraying to:
"to direct the respondentNos. 1 and 2 tooct in occordonce with law ond entertain the Sole Deeds executed by the petitioner and return the mme ofter due registrotion in respect of the subject land odmeasuringAc.10.00 orports thereol situoted in Survey No 5218 ofTurkamyamialvilloge Hoyothnogor, lAondol Rango Reddy Districtwithout requiring ony further consent or I'to Objection fromthe 3'd respondent."
"ln view of the above, there shall be interim directionto the first respondent to receive andprocessthe documents forsale, presentedby the petitioner relating to Sy No.52/8, Turkoyomjal village,HayathonagorlAandal, Rango Reddy District admeosuring Ac.10.00guntas, in accordance with the Registration Act,19a8andStomp Act, 1899 and if the documents are in conlormitywith the provisions of the oforesoid enactments, thereofter,
2
register ond releose the documents in occordance with the due procedure. lt is mode cleor that in the event of registering outhority not being sotisfied with complionce under the Registration Act or the Stamp Act, appropriate refusal endorsement together with reasons shall be recorded ond communicated to the petitioner in terms of Section 71 of the Registrotion Act.
3
not confer titte on the subject property and it is also made clear that this order woutd not have any bearing on a[[ those matters where titte/rights of the parties are pending before the authorities either in revision/appeats for adjudication aM in any other case this order also does not prectude the parties in asserting their rights before a competent Court of law.
apptications, if any pending, shatt stand closed. No order as to
cost.
SD/-L. LAKSHM BABU ASSISTANT REG TRAR
//TRUE COPYII
SECTION OFFICER
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DATED:2011112024
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ORDER
WP.No.35965 of 2015
DISPOSING OF THE WRIT PETITION WITHOUT COSTS
2 issues framed by the court
Whether the High Court should direct respondents to entertain sale deeds without further consent from the third respondent.
Whether mere registration of a document confers title on the subject property.
4 provisions across 3 enactments
M/s. Vijaysree Developers
The Sub-Registrar, Vanasthalipuram
The District Registrar, Ranga Reddy East District
The State of Telangana
N.V. Sharan Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
