Allowed

Amarchintha Kiran Reddy v. The State of Telangana

Telangana HC3 Apr 2024WP/8590/2024

Case brief

AI extract

What is this about?

The petitioner, a private employee, filed a writ petition seeking declaration that the respondents' refusal to register a sale deed for a flat at Prajay Shelters Apartments was illegal and arbitrary, citing a draft notification by the District Collector. The court disposed of the petition by directing the registering authority to receive and register the deed without reference to the notification,

What did the court decide?

Petitioner directed to receive, register and release sale deed without reference to the District Collector's notification, subject to compliance with Registration and Stamps Acts of India.

Amarchintha Kiran Reddy Vs The State of Telangana — Property and Title | Telangana HC (2024)

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

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WEDNESDAY, THE THIRD 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: 8590 OF 2024

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Between:

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Amarchintha Kiran Reddy, S/o. Ravinder Reddy, aged 30 years, Occ ; Private Employee, R/o.H.No.1-5161 Mayuri Nagar, Miyapur, Hyderabad.

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.....PETITIONER

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AND

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

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The District Registrar, Ranga Reddy District.

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The Jdint Sub- Registrar, 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 lhe 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 Mandamus declaring the action of the respondents in not registering the Sale Deed submitted by the petitioner for registration with regard to the Flat No.108, House No.4-10l108, PTIN No.'1 129910570, First Floor, Block No.X of PRAJAY SHELTERS APARTMENTS, with built up area of 56O sftl. along with undivided share of land admeasuring 8.56 sq. yards out of Ac.9-00 guntas in Sy.No.44, situated at Maktha tvlahaboobpet village, Serilingampally Mandal under GHMC Chandanagar Circle, R.R. District, basing on the draft notification dt.2609-2013 issued by the District Collector, as highly illegal, arbitrary and consequently direct the 3rd respondent to receive, register and release the Sale

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Deed submitted by the petitioner for registration with regard to the Frat No.10g, House No 4-1,li,Bpr No.1129910570, First Froor, Brock No.X of pRAJAy SHELTERS APARTMENTS, with buirt up area of 560 sft/. arong with undivided share of land admeasuring g_56 sq. yards out of Ac.9_00 guntas in Sy.No.44, situated at Maktha Mahaboobpet virage, seriringampary Mandar under GHMC chandanagar circre, R.R.District, without reference to the notification of the District Collector dt.26-09-201 3.

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l.A.NO:1 oF 2024

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Petition Under section 151 cpc praying that in the crrcumstances 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 Frat No.10g, House No.4-10l1OBPT| No.1 129910570, First Froor, Brock No.X of pRAJAy sHELTERS APARTMENTS, with buirt up area of 560 sft/. arong with undivided share of rand admeasuring^g.56 sq. yards out of Ac.g-00 guntas in Sy.No.44, situated at Maktha Mahaboobpet viilage, seriringampaily rrrlandar under GH^/c chandanagar circle, R.R-District, without reference to the notification of the District coflector dt.26-09-2013 pending disposal of the writ petition.

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Counsel for the petitioner : SRI N.M.KRISHNAIAH

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Counsel for the Respondents : AGp FOR REVENUE

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The Court made the following ORDER

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THE HONOURAT](_L sI({ I LrS'rtCh N.V.SI{RAVAN KUMAR

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ORDER

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Heard learned counseI for the peritioner and learned Assistant Government Pteader for Stamps and Registration appearing for the respondents. with thcir (..,i-rsert, :irs w-[ rretition is disposed of at the stage of admission.

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2 This writ petil_ian is fiic,il seri.:;nq [he fo[owing prayer:

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"to decloring the i.:L tti,a ,l tna ?rpondpiiis i) not tegistering the Sale Deed submitteo b!, til" l,.t:L!Llt(, i,or t eltstration with resord to the Flat No.108, Hottse tto.] 10i t0g, pTlN No.1t2ggt0570, First Floor Block No.X of^pRAJAy SHELIERS AzART/il€NTS with buitt up area of 56O sft along witl; itrtijivittel sl:tre of load odmeasuring 8.56 sq yards out of Ac.9-00 grrir((lj rr 5y A.: r-? situiretr at Moktho i4}haboobpet villoge serilingornpa y hlantrai tir;der Grllvtc choncranogor Circre RR District basing on !rr dra.f I nc,:.it'i.otton doted 26.09.20r3 issued by the District Colleci;.:tr a,: !riqhlV illegot orbitrory ond consequen y direct the 3rd r..:t:i:rtriett! ro r ecei,(, register and releose the Sote Deed^.submil. te(t ,b, ,rii r,,,I;/i(-., ,,i iur t9r:i ;traliort with regord to the oforenid sub)ecl i!/):_,e ,,, ..\t:t,.)ttt r!i,.:,,.t:e t,J ;he notification of the District Colte<.r,-,: Ji1i,!d )r,).:-r).20i j,..

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3' The learned coun:cr f.)r th(] petitioner has submitted that on eartier occasion, this Court in^rr,,/.1). ilr.,. i 10t;l cti ?-()? i, ciated 06.12.2023, has passed orders directing the rr:qi:.r,...lir:rr t;i ihc docunrents presented / pending before the authorities withour i,rer rnce i. i) ihe notification dated 26.09.2013 and

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the subject [and in the present writ petition atso pertains to the same survey number.

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Learned Assistant Government^pteader has not dlsputed the same and further stated that the respondents witt fottow lhe procedure contemptated under Section 71 of the Registration Act, 1908 (for short,^,the Act, 190g,).

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Section 71 of the Act reads as fottows:

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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 retates is not situated within his sub-district, shatt make an order of refusa[ and record his reasons for such order in his Book No. 2, and endorse the words "registration refused" on the document; and, on appticatron made by any person executing or ctaimrng under the document, shatt, without payment and unnecessary detay, give him a copy of the reasons so recorded.

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(2) No r6gistering officer shatl accept for registration a document so endorsed untess and untit, under the provisions hereinafter contained, the document is directed to be registered. "

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Recording the above submission made by [earned counsel on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of directing the Registering Authority to receive, register and retease the sublect document(s), without reference to the District Gazette Notification, dated 26.09.201 3, subject to the petitioner comptying with the provisions of the lndian Registration Act, 1908, and lndian Stamps Act, 1899, as expeditiousty as possibte, preferabty within a period of three (03) weeks from the date of receipt of copy of this order, subject to the-petitioner comptying with the provisions of the lndian

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Reqistration Act, 1908, and lndian Stamps Act, 1899. lt is also open to the Registering Authority to refuse to register the documents by spec.ificatty assign the reasons in terms of Section 71 of the Act, 190g and communicate the said decision to the petitioner.

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lt is atso made c{ear that this order does not prectude the Govern ment / District Cottector to take appropnate steps as warranted by law and to assert its titte. lf any proceedings/ suit/appeal are pending between the executants of the docu men t/ govern men t or any other interested party, the registration of the document witt be subject to the resutt of that proceedings / su it / appeat.

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Accordingty, this writ petrtion is disposed of. Miscettaneous

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apptications, if any pending. :hatt stand ctosed. No order as to costs.

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SD/. K. AMMAJI ASSISTANT REGISTRAR

//TRUE COPYII

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SECTION OFFICER

The Secretary,.Stamps and Registration Department, Secretariat, State of Telangana at Hyderabad.

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The Diskici Registrar, Ranga Reddy District.

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The Joint Sub- Registrar, Ranga R6ddy District.

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The District Collector, Ranga Reddy District.

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Two CCs to GP FOR REVENUE, fiign Court for the State of Telangana at Hyderabad. [OUT]

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One CC to Sri N.M.Krishnaiah, Advocate tOpUCI 7. Two CD Copies

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SA GJP @-1,

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HIGH COURT

DATED :0 310412024

ORDER

WP.No.8590 of 2024

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DISPOSING OF THE W.P

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WITHOUT COSTS.

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Amarchintha Kiran Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Amarchintha Kiran Reddy v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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