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High Court for State of TelanganaWP/393/2016disposed of no costs

Chinavath Sali v. The State Of Telangana,

2016-01-06Vilas V.Afzulpurkar2 pages

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH * * * * WRIT PETITION No.393 of 2016 BETWEEN Chinavathi Sali.

... PETITIONER AND The State of Telangana, Rep. by its Principal Secretary, Stamps & Registration (Revenue) Department, Secretariat, Hyderabad and others. ...RESPONDENTS DATE OF JUDGMENT PRONOUNCED: 06.01.2016 THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR 1.

Whether Reporters of Local newspapers may be allowed to see the Judgments?

No 2.

Whether the copies of judgment may be marked to Law Reporters/Journals?

No 3.

Whether Their Ladyship/Lordship wish to see the fair copy of the Judgment?

No

ORDER:

Petitioner claims that she is the absolute owner and possessor of land in an extent of Ac.5.00 guntas in Sy.No.468/6 situated at Kadthal Revenue Village, Amangal Mandal, Mahabubnagar District and that the aforesaid land is private patta land. Aggrieved by the action of the second respondent in not receiving the document presented for registration in respect of the aforesaid land, the present writ petition is filed.

2. Since the petitioner claims that the land is a private patta land and is not a land assigned under political sufferers or ex-serviceman category, the registering authority concerned is directed to receive and process the document in accordance with the Registration Act, 1908 and Indian Stamp Act, 1899 and if the document is in conformity with the provisions of the aforesaid enactments, thereafter, register and release the document in accordance with the due procedure.

It is also made clear that in the event of registering authority not being satisfied with the compliance under the Registration Act or the Stamp Act, appropriate refusal endorsement together with reasons shall be recorded and communicated to the petitioner in terms of Section 71 of the Registration Act. The writ petition is disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs. ______________________ VILAS V. AFZULPURKAR, J January 6, 2016 DSK