Disposed

Sri Chakrahari Banuchander Raju v. The State of Telangana

Telangana HC10 Apr 2024WP/9217/2024

Case brief

AI extract

What is this about?

Supreme Court of Telangana disposed of a writ petition challenging the refusal to register a sale deed. The court declined to express an opinion on merits and directed the Registering Authority to receive and register the document citing Section 71 of the Registration Act, 1908, within three weeks. The lower court petition was disposed without costs.

What did the court decide?

Direction to the Registering Authority to receive, register, and release the Sale Deed within three weeks subject to complying with the Registration Act and Stamp Act.

Sri Chakrahari Banuchander Raju Vs The State of… — Writ and Judicial Review | Telangana HC (2024)

¶1

[³²⁵⁵¹

¶2

HIGH COURT FOR THE STATE^{OF TELANGANAAT HYDERABAO} (SPecial Original Jurisdiction)

¶3

IA/EDNESDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTYFOUR

¶4

PRESENT

¶5

THE HONOURABLE SRt^{JUSTICE N.V.SHRAVAN KUMAR}

¶6

WRIT PETITION NO: 9217^{OF 2024}

¶7

Between:

¶8

Sri Chakrahari Banuchander^{Raju,S/o Venkat Raju, eSSd+3. years, Occ} Business'R/oH.No.124.13,B.Y.Nagar'SiricillaTownandMandal,KaJannaSircilla District

¶9

PETITIONER

¶10

AND

¶11

The State of Telangana,^{Rep. by its Principal.} .Secreta.ry, .^Revenue (negistration and Stam-ps) Departhent, Secretariat^{Building, Hyderabad'}

¶12

2 The Commissioner and^{lnspector General of Registrationand Stamps,} Telangana State at^HYderabad.

¶13

¶14

The District Registrar,^{Rajanna- Sircilla District.}

¶15

4 The Sub- Registrar,^{Rajanna-Sircilla, Raianna- Sircilla District'}

¶16

...RESPONDENTS

¶17

Petition under Article^{226 of the constitutionof lndiaprayingthat in the} circumstances stated^{in the affidavitfiled theiewith, the High court may be} pleased to issue a writ, order or oirection,^{moreparticularly, one in the nature of} writ of Mandamus,^{by declaringthe actionof the 4th respondentin refusingto} receive, register and^{releasing the sale Deed presented by the Petitionerin} respect of the Plot^{No. 30, total Area 162 Squareyards equivalent to 135.44} square meters in survey^{No. 84, situatedat Peddur, sircilla Town and Mandal,} Rajanna sircilla District,^{Telanganastate, as illegal,arbitrary,unlawful, without} jurisdiction and contrary to the^{provisionsof the Registralioniqct,1908 and in} violation of Article 14 of^{Constitutionof lndian and consequently to direct the 4th} respondent to receive,^{registerand release the sale Deed presented by the} Petitioner in respect of^{above said property.}

¶18

lA NO:^'f OF 2021

¶19

Petition under Section 151 CPC^{praying that in the circumstancesstated} in the affidavit filed in support of^{the petition,the High Court may be pleasedto} direct the 4th respondent to^{receive, registerand releasethe Sale Deed} presented by the Petitioner in respect of the Plot^{No. 30, taltal Area 't62Square} yards equivalent to 135. 44 Square meters in Survey^{No. 84. situatedat Peddur,} Sircilla Town and Mandal, Rajanna^{Sircilla District Telangana State, during the} pendency of the above writ petition.

¶20

Counsel for the Petitioner: SRI METTU^SHANKAR

¶21

Counsel for the Respondents: AGP FOR.STAMPS^{AND REGISTRATION} The Court made the following: ORDER

¶22

¶23

THE HONOURABLE^{SRIIUSTICE N.V.SHRAVAN KUMAR} WRITPETMO^{NNo.9277 of2024}

¶24

ORDER:

¶25

HeardlearnedcounselforthepetitionerandlearnedAssistant Governrnent Pleader^{for stamps and Registrationappearing for the} respondents. With^{their consent, this writ petitionis disposedof at the} stage of admission.

¶26

2 This writ petition^{is filedseeking the followingprayer:}

¶27

"to dectore'the^{action of the 4th respondentin refusing to receive'} register ond releasing^{the Sale Deed presentedby the Petitionet in} respect of the Plot^{No.3O,totol Area 162 Square yardsequivolent to} 135.44 Squore^{meters in Su\eyNo.84 sitwted ot PeddurSircillaTown} ond tllondal^{Roionno Sircitla District,TelongonaState as illegal} arbitrary unlowful^without iuridiction^{and contrary to the proisions} of the Registrotion^{Act 1%)8and in violation of Article 11 of} Constitution of^{lndian andconsequently to directthe 4'h respodent} to receive register^{and release the Sole Deedpresentedby the} petitioner"

¶28

3.Learnedcounselforthepetitionersubmitsthatpetitioneristhe absofute owner and^{possessor of the subjectproperty, vide RegisteredSale} Deed No.5070/201 1,^{ilated 27.08.2011 of sub-Registrar office, vemutawada} and now^{petitioner intends to sett the subject pr@ertyin favour of third} party and accordingty^{petitioner approach Registering Authority to register} the sale deed atong^withchattan Payment^{receiPt, dated08'04'2024, but the}

¶29

¶30

¶31

Registering Authority are refusing to receive and process the subject property without assigning any reasons.

¶32

4' Learned Assistant Government pteader submits that the respondents wi[[ fottow the procedure contemptated under section 71 0f the Registration Act, 1908 (for short,^.the Act, 190g,).

¶33

Section 71 of the Act reads as foltows:

¶34

Reasons for refusal to register to be recorded._

¶35

(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 ,l'ib_,itrtritt, shat[ 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 documen! and, on appticition made by any person executing or ctaiming under the document, shalt, without payment and unneiessary Jelay, give him a copy of the reasons so recorded.

¶36

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

¶37

Learned counsel for the petitioner has fairty acceded the same.

¶38

6' Recording the above submissibn made by tearned 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 subject documents, subject to the petitioner complying with the provisions of the lndian Registration Act, 190g, and lndian Stamps Act, 1899, as expeditiously as possibte, preferably within a period of three (03) weeks from the date of receipt of copy of this order. lt

¶39

i ll

¶40

¶41

is atso open to the Registering Authority to^{refuse to register the}

¶42

documents, by specificatty assign the^{reasons in terms of Section 71 of the}

¶43

Act, 1908 and communicate the said^{decisionto the petitioner'}

¶44

7 . Accordingty, this writ^{petition is disposed of} '^{Misceltaneous}

¶45

apptications, if any^{pending, shall standctosed. I'lo orderas to costs'}

¶46

SD/. T.JAYASREE ASSTSTANT REGIqTRAR //TRUE COPY'/ /I (,'/ sEcfloN brrtceR

¶47

To,

¶48

'l The Princioal Secretary' Revenue^{(Registration and Stamps) Department'} Secretariat Building,^{Hyilerabad,State of Telangana'}

¶49

The Commissioner^{and lnspector Generalof Registration and Stamps'} Telangana State^{at HYderabad.}

¶50

The District^{Registrar, Rajanna- Sircilla District'}

¶51

The Sub- Registrar,^{Rajanna- Sircilla, Rajanna-Sircilla District'}

¶52

One CC to SRI^{METTU SHANKAR,Advocate [OPUC]}

¶53

6.TwoCCstoGPFoRSTAMPSANDREG|STRAT|oN,Highcourtforthe State of Telangana^{at Hyderabad} [OUT]

¶54

Two CD CoPies

BSR

LS@+

HIGH COURT

DATED: 1010412024

f. tHE 5TA 16
t
q
z
3 J5 22 APR2o24 C,
{*t
t ,
OFspatCs c0

¶61

ORDER

¶62

WP.No.9217 ot 2024

¶63

DISPOSING OF THE WRIT PETITION,

¶64

WITHOUT COSTS

¶65

.rM

Sri Chakrahari Banuchander Raju v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Sri Chakrahari Banuchander Raju v. The State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Patta Srikesava Vs The State of Telangana

Thalloju Hemanth Vs The State of Telangana

Tallaparthi Shailaja Vs The State of Telangana

Karri Vijayalakshmi Vs The State of Telangana

Smt. K. Venkata Lakshmi Vs The State of Telangana

Naragoni Rohan Goud Vs The State of Telangana