Allowed

Vijaya Lakshmi Gade v. The State of Telangana

Telangana HC8 Jan 2024WP/421/2024

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the refusal of the Sub-Registrar to receive and register her sale deed. The High Court, citing Section 71 of the Registration Act, held that the Registering Authority cannot refuse registration without assigning reasons. Consequently, the Court directed the authority to receive and register the document provided it complies with the Registration Act

What did the court decide?

The petitioner was directed to file a fresh petition. The Registering Authority was directed to receive and register the document if it complies with the Registration Act and Indian Stamp Act, without

Vijaya Lakshmi Gade Vs The State of Telangana — Property and Title | Telangana HC (2024)

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I^s296 I

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IN THE HIGH COIJRT FOR THE STATE^{OF TELANGANA} AT HYDERABAI) (SPecial Orighal Jurisdiction)

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MONOAY, THE EIGHTH DAY OF JANUARY TWO TI.{OUSAND AND TWENTY FOUR

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PRESENT

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THE HONOI.'RABLE SRI JUSTICE C.V. BHASKAR REDDY

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TTi'RIT PETITION NO :421 OF 2024

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Between:

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Viiaya Lakshmi Gade, Wo. Gade Satyanarayana,^{Aged about 54 years, Occ:} Hou-sewife, r/o. Plot No.17, Surabhi Enclave,^{Koud<oor, Alwal, Hyderabad-} 500 010.

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...PETITIOI.IER

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AND

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The State of Telangana, represented^{by its Principal Secretary (Stamps and} Registrations), Secretariat, Hyderabad.

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The Sub-Registrar, Malkajigiri, Mlakajigiri/lVedchal^District.

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The Telangana Stde WaK^{Board,rep. By its Chief Executive Officer, Huz} House, Nampally, Hyderabad.

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...RESPONDENTS

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Petition under Article 226 of 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 or order or direction more^{particularly in the nature writ of} mandamus declare the in action of^{the Respondents2nd not receiving the} docurnent presented by the^{petitioner for the residen{ialproperty bearing Duplex} House No. 4-2-52t53^(PTl No.^{1160403S72) on Plot No- 23, in survey No 32 to} an extent of 266.66 sq.yards^{ot 222.92 sq.mtrs with a built up area 2414'12 sq'ft} in sURABHI ENCLAVE situated^{at KowkoorVillage, underGHMC Circle and} Mandal, Ma{kajigiri/Medchal district^{the thenRanga Reddydistrict is illegal,} atbi]rjary and against to the^{provisionsof law and contrary rights guaranteed} under 3oo-A of constitutional^{of lndiaand consequentlydirect the 2nd} Respondent to entertain tfie^{registrationof the Sale Deed presented by the} petiiioner without insisting no-objection^{certificate (NOC) from the 3rd} Respondent.

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lA NO: 1 OF 2024

Petition under section 151 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, itre Higtr court may be pleased to direct the Respondent No.2nd herein to consider documentl filed by the petitioner herein pertaining to the residential property Duplex House ruo. +-z52153 (PTl No. 1160403872) on prot No. 23, in survey No. 32 to an extent oI 266.66 sq.yards ot 222.92 sq.mtrs with a buirt up area i+,tc.lz sq.ft in sURABHT ENCLAVE situated at Kowkoor Village, urtder GHMC Circle and M;;"i, Malkajigiri/Medchal district the then Ranga Reddy district in favour of vendee.

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Counsel for tlie Petitioner: SRI DANTU VENKATA RAMANA SARMA

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Counsel forthe Respondent No.1 & 2: SRI B. DILEEP KUMAR, ASST. cp FOR STAMPS AND REGISTRATION

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counsel for the Respordent No.3: sRt ABU AKRAM, sc FoR Ts WAKF BOARD

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The Cou+rt made the fottowing: ORDER

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I i I I I i I I i i I

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HON'BLE SRI JUSTICE C.V. BHASI(AR REDDY WRIT PETITION No.421 of 2o24

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ORDER:

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.Heard Sri D.V.Ramana Sarma, learned counsel for the petitioner, as well as Sri B.Dileep Kumar, learned Assistant Governrnent Pleader for Stamps and Registration, who is representing respondent Nos. I & 2.

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Aggrieved by the action of respondent No.2Sub-Registrar, Malkajgiri, Medchal-Malkajgiri District, in refusing to receive and register the sale deed^presented by the petitioner in respect of House No.4-2-52 / 53 on Plot No.23 in Sy.No.32 to an extent of 266.66 square yards in Surabhi Enclave, situated at Kowkoor Village and Manda[, Medchal-Malkajigiri District, the present Writ Petition is filed.

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learned counsel for the petitioner submits that the document presented by the petitioner for^{registrationwas} not entertained by the Registering Authority for^the reasons best known to it. lcarned counsel also^{states that} no reasons were assigned for not entertaining^the document that was presented for registration^{by the}

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CVBR, J Wp_421 2024

petitioner, which is against the provisions of the Registration Act, 1908 and therefore, a direction to the appropriate authority to entertain the document for registration may be issued.

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l,earned Assistant Government Pleader for Stamps and Registration submits that necessary orders in that regard may be given.

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Section 7l of the Registration Act, 1908, reads AS follows: -

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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 situate within his subdistrict, shall 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 application made by any person executing or claiming under the document, shall, without payment and unnecessar5r delay, give him a copy of the reasons so recorded.

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(2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered."

CVBR, J Wp_421 _2024

The Registering Authority is not empowered to refuse registration of document/s except under the circumstances mentioned under the Registration Act, 19O8 and the Rules madq thereunder. Also, as^per the version of the^petitioner, no reasons were assigned for not entertaining the document which was^present€d for registration by them. Therefore, this Court is of the view that directions as prayed for have to be given to the public authority directing it to perform its function as required under law.

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7 . In the said circumstances, this Writ Petition is disposed of directing respondent No.2-Registering Authority to receive and register the document^presented by the petitioner in respect of the subject^property, in case, the said document comply with the^provisions of^the Registration Act, 19O8 and the Indian Stamp Act,^1899. The Registering Authority can refuse to register^the document in case, the said document is^{prohibited for} registration under any of the^provisions of law,^{Rules or} Regulations made thereunder. However, the^reasons assigned thereof and the decision taken shall^be

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*r-.ta"tLi

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communicated to the petitioner in writing. There shall be

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no order as to costs.

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Miscellaneous petitions pending, if any, shall stand closed.

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SD/- P.Ch. NAGABHUSHAMBA ASSISTANIREGISTRAR -.o,'

//TRUE COPY//

SECTION OFFICER

To,

I . The Principal.Secretary (stamps and Registrations), The State of rerangana, Secretariat, Hyderabad.

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? II'e 9yP-Rggistrar,^{Matkajigiri, Mtakajigiri/Medchat} District.

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The Chief Executive Offic6i Tne Tet6rigana SGte Wiif fioard, Huz House, Nampally, Hyderabad.

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One CC to SRt DANTU VENKATA RAMANA SARMA, Advocate tOpUCI 5. Qne CC to SRt ABU AKRAM, sc FoR rs wekF ribeno fOFUii'^--, 6. Jwo CCs to Gp FoR sTA[rps AND REctsTRArrbr.i,"iigil-co-u;dtor tne State of Telangana. [OUT]

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