Disposed

Nekarukanti Gopaiah v. The State of Telangana

Telangana HC2 Apr 2024WP/8241/2024

Case brief

AI extract

What is this about?

The High Court disposed of a writ petition seeking a mandate to register a sale deed for a flat in Varsha Residency despite a District Collector notification prohibiting registration under Section 22-A of the Registration Act.

What did the court decide?

Directed the Registering Authority to receive and process the sale deed without reference to the Gazette notification dated 26.09.2013.

Nekarukanti Gopaiah Vs The State of Telangana — Property and Title | Telangana HC (2024)

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[^32ss ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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TUESDAY, THE SECOND 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 NO: 8241 OF 2024

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Between:

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Nekarukanti Gopaiah, S/o Venkaiah, aged 32 years, Occ. Employee, Rl/o H.No. 1 -4, Garikadadu, Guntur, Andhra Pradesh.

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...PETITIONER

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AND

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The State of Telangana, rep. By its Secretary, Stamps and Registration Department, Secretariat, Hyderabad.

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The District Registrar, Ranga Reddy District.

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The Joint Sub-Registrhr, Ranga Reddy District.

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The District Collector, Ranga Reddy District.

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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, Order or Direction more particularly one in the nature of Writ of tr/andamus declaring the action of the respondents in not registering^the Sale Deed submitted by the^petitioner for registration with regard^{to the House} Flat No.302, Third Floor, VARSHA RESIDENCY, bearing Municipal^No.2- H/1 36/VR/302 (PTl No.1 129955021) with a built up area of 1152 sft, along^with car parking and undivided share of land 50 sq.^yards out of 400^{sq. yards} constructed on Plot No.136, in Sy.No.5211 and⁵²¹² situated^{at HMT Swarnapuri} Colony, Maktha Mahabubpet village, Serilingampally^{Mandal under GHMC} Serilingampally Circle,R.R. District basing on the draft^{notification dt.26-09-2013} issued by the District Collector, as^{highly illegal, arbitrary and consequently} direct the 3rd respondent to receive,^{registerand releasethe Sale Deed} submitted by the^petitioner for^{registrationwith regard to the House Flat No.302,} Third Floor, VARSHA RESIDENCY, bearing^{trilunicipalNo.2- H/136NR1302(PTl} No.1 129955021 ) with a built up^area of^{1 152 sft, along' withcar parkingand}

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undivided share of land 50 sq. yards out of 400 sq. yards constructed on plot No.136, in Sy.No.5211 and 52t2 situated at HIVT Swarnapuri Colony, Maktha Mahabubpet village, Serilingampally I\4andal under GHtvlc serilingampally circle, R.R.District, without reference to the draft notification issued by the District Collector dt.26-09-201 3

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lA NO: 1 OF 2024

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Petition under section i 51 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, register and release the sale Deed submitted by the petitioner for registration with regard to the House Flat No.302, Third Floor, VARSHA REStDENCy, bearing Municipat No.2- H/136/vR/302 (pl No.1'129955021) with a built up area of 1.1 52 sft, along with car parking and undivided share of land 50 sq. yards out of 400 sq. yards constructed on plot No 136, in sy.No.5211 and 5212 situated at HMT swamapu. corony, Maktha Mahabubpet village, serilingampally [r4andal under GHIVIG Serilingampally circte, R.R.District, without reference to the notificatron issued by the District collector dt.26-09-2013 pending disposal of the writ petition

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Counsel for the Petitioner: SRI N. M. KRTSHNATAH

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Counsel for the Respondents: Gp FOR STAMpS AND REGTSTRATTON The Court made the following: ORDER

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.If,' F- ".

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THE HONOURABLE SRI JUSTICE^{N.V.SHRAVANKUMAR} WRIT PETITION No.8241 OF2024

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ORDER:

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Heard learned counsel for the^{petitionerand learned Assistant} Government Pteader for Stamps and^{Registrationappearing for the} respondents.

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2 This Writ Petition is fited seeking the^{fottowing prayer:}

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"...to issue a writ, Order or Direction^{more particutartyonein the nature of} Writ of Mandamus dectaring the^{actionof the respondentsin not registering} the Sal.e Deed submitted^{by the} Petitioner^{forregistrationwith regardto the} House Ftat No.302, Third Ftoor,^{VARSHA RESIDENCY, bearing MuniciPal} No.2-Hl 136/VR/ 102^{( PTINo.112995502'l)with a buitt up areaof 'l'152sft.,} atong with car^parking and^{undivided share of tand 50 sq- yardsout of 400 sq'} yards constructed on Ptot No.136 in Sy.Nos.52l'l^{and 5717situated atHMT} Swarnapuri Cotony, Maktha^{MahabubPetviltage, SeritingampattyManda{,} under GHMC Seritingampatty Circte,^{R.R. District,basing on thedraft} notification dt.26.09.2013^{issuedby theDistrictCottector, as hightyittegat,} arbitrary and consequently,^{directthe3'd respondentto receive, register and} retease the Sate Deed submitted^{by the petitioner forregistrationwith regard} to the House Ftat No.3O2,^{Third Ftoor,VARSHA RESIoENCY,bearing Municipal} No.2-Hl 136/vR/302^{(PTlNo.1 129955021} )^{with a buitt up area of 1152 sft',} atong with car Parking^{and undivided share of land 50 sq.yards out of 400 sq'} yards constructed on Ptot No.136, in^{5y.Nos.52l1and57-12 situated at HMT} Swarnapuri Cotony, Maktha^{Mahabubpetvittage, SeritingamPattyMandat,} under GHMC Seritingampatty^{Circte, R.R. District,without referbnce to the} draft notification issued by the^{District Cottectordt.26.09.2013 and pass"'"}

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Learned counsel for the^{petitionersubmits that the petitioner} approached the 3'd respondent for registration^{of the subject document and} requested to issue chattan by counter signing^{for paymentof the Stamp Duty}

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.f+:!'I

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on 19.03.7024, but the 3'd respondent oratty refused to sign the chaltan by saying that the registrations cannot be entertained in respect of the lands in Sy.No.52 of Mahabubpet Vittage in view of the notification No.g6, dated 26.09.2013, issued by the Cottecror vide fite No.E5/4733/201 3. tt is further submitted that the said notification was issued by the Cottector catting for objections and suggestions for inctusion of the tands in the prohibitory Register under Section 22-A(1)(e) of the Registration Act, 190g (for short 'the Act, 1908'). Questioning the same, the present Writ petition is f ited.

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Learned Assistant Government^pteader for Stamps and Registration placed^{'instructions} received from the Deputy Cottector and Tahsitdar, Seritingampatty Mandat, before this Court and submitted that as per the Revenue records, the land in Sy.No.52 to an extent of Acs..10.00 gts. of Maktha Mahaboobpet Vittage is ctassified as^,Sarkari, i.e., Government land and on verification of 22-A register the tand in Sy.No.52 of Maktha Mahaboobpet vittage is recorded in the 22-A register i.e., the prohibitory Register. lt is further submitted that writ Appeat No.1499 of zolg preferred against the order dated 17.0'1.2017 passed in Writ petition No.23574 of 2014 and Writ Appeat No.866 of 2019 preferred against the order dated 05.02.2019 passed in Writ Petition No.30395 of 201g and the same were pending before the Hon'bte High Court.

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Learned counsel for the petitioner woutd draw the attention of this court to paragraph No.5 of the order dated 05.07.2022 in writ petition No.27846 of lllz,which is extracted hereunder: n

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"5.^{Having consideredthe submissions made on either side and takinginto} consideration the^{District Gazettenotificationissuedby the 2 nd respondent} herein dated 26-09.2013,^{purportedty issuedin exerciseof power under Section} z2-A of the lndian Registration^{Act,1908 is on the face of it, the said Gazette} notification is without^{jurisdictionsinceanynotificationissuedunder Section} 22-A of the lndian Registration Act,^{1908is requiredto be issuedby the} Government. Since the writ^{appeats,said to have been preferredby the} Government, are^{pending consideration,it is not the case of thelearned} Assistant Government^Pteader that^{anyinterim orders arepassed in the Writ} Appeats. "

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Learned counse[ appearing for the^{petitionerwoutdsubmit that the} 'issue invotved in this Writ Petition is squarety covered by the order passed by this Court in w.P.No.27846 of^{2022, dated 05.07.2022,which reads as}

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under:

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"ln view of the^{submissions madeabove couptedwith theprovisionunder} Section 71 of the^{Act, the WritPetition is disposed of directingthe Registering} Authority to receive and^{processthe subject documentswithout referenceto} the Gazette Notification dated^{26.09.2013,subjectto the petitionercomptying} s.ith the provisions of the^{Act as wetlas the lndian Stamp Act, 18991t witt be} open to ihe Registering^{Authorityto refusethe documents presented before} him, if he has any objection, by^{duty assigningreasons in supPortof such} decision and communicate^{the said decisionto the} Petitioner.

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It is aLso made ctear that this^{order doesnot prectude the GoYernment/} District Col.l.ector to take aPpropriate^{stepsas warranted by law and to assert} its titte. lf any^{proceedings/suit/appeat are} Pending^{between the executant of} the document/government or^{any other interestedparty, the registrationof} the document wiLt be subiect^{to the resutt of that proceedings/suit/apPeat'}

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Accordingty, the^{WritPetitionis disposedof-No orderas to costs'"}

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7- Learned counsel for the^{petitionerwoutdfurther submitthat simitar} order may be^passed in this^{WritPetition.}

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Learned Assistant Government^{Pteaderfor stamps and Registrationhas} not disputed the same and submits^{that similar order may be passed in this}

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r--\ x

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ln view of the submissions made above coupted with the provision under section 71 0f the Registration Act, rg0g, the writ petition is disposed of directing the Registering Authority to receive and process the subject document without reference to the Gazette Notification, dated 26.0g.201 3, subject to the petitioner complying with the provisions of the Registration Act, 1908, as wetl as the lndian Stamp Act, 1g99. lt witt be open to the Registering Authority to refuse the document presented before him, if he has any objection, by duty assigning reasons in support of such decision and communicate the said decision to the petitioner.

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lt is atso made clear that this order does not prectude the Government / District Cottector to take appropriate steps as warranted by law and to assert its titte. lf any proceedings/ suit/appeal are pending between the executant of the document / govern ment or any other interested party, the registration of the document witt be subject to the resutt of that proceedings/suit/appeat.

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Accordingty, the Writ petition is disposed of.

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Misceltaneous apptications, if any pending, shat[ stand ctosed. No

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order as to costs.

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SD/.C,PRAVEEN KUMAR ASSISTANT REGISTRAR //TRUE COPY// i

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sEcroN dEio=*

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To,

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1 The Secretary, Stamps and Registration Department, Secretariat, T..S,Hyderabad.

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2 The District Registrar, Ranga Reddy District.

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3 The Joint Sub-Registrar, Ranga Reddy District.

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4 The'District Collector, Ranga Reddy District. 5 Two CCs to GP FOR STAMPS AND REGISTRATION ,High Court for the State of Telangana, at Hyderabad [OUT]

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