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High Court for State of TelanganaWP/18929/2015disposed of no costs

M/S. Sriperumbudur Ventures Private Limited, v. The State Of Telangana,

2015-06-26Vilas V.Afzulpurkar3 pages

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.18929 OF 2015 Date:26.06.2015 Between:

M/s. Sriperumbudur Ventures Private Limited, a Company incorporated under the Indian Companies Act, 1956, having office at 1, Gunrock Enclave, Secunderabad, rep., by its Director, Gokur Narne .. Petitioner And The State of Telangana, rep., by its Principal Secretary, Revenue Department, Secretariat Hyderabad and others .. Respondents

THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.18929 OF 2015 ORDER:

Heard.

The grievance of the petitioner is that in spite of sale deed executed in their favour by their vendor and registered by the 4th respondent, the same was kept pending and sought clarification from the District Registrar on 30.11.2013 expressing doubt about the title of the vendor and seeking clarification as to whether the sale deed can be registered on the basis of title deeds and pattadar passbook in favour of the vendors. The Tahsildar, Bibinagar Mandal, Nalgonda District, himself clarified to the Sub-Registrar on 28.07.2014 about Rule 26 (6) of Andhra Pradesh Rights in Land and Pattadar Passbooks Act, 1971. However, the petitioner's document P.No.1291 of 2013 is still pending with the 4th respondent and is not yet registered. Hence, the Writ Petition.

It is evident from the correspondence of the 4th respondent made to the District Registrar on 30.11.2013 that the 4th respondent is entertaining a doubt regarding title of the vendor. As per law, the Registrar is not concerned with the title of the seller and it is for the purchaser to satisfy of the title and take the document on his own risk.

enquiry into the title but register the document, if the same is in conformity with the Indian Stamp Act and Registration Act. Keeping the document pending from 2013 cannot be sustained. Therefore, the 4th respondent shall take immediate steps to process the sale deed and if it is in compliance with the Indian Registration Act and Indian Stamp Act, register the same in favour of the petitioner.

Subject to the above, the Writ Petition is disposed of. There shall be no order as to costs.

Miscellaneous petitions, if any, pending in this writ petition shall stand closed.

____________________________ VILAS V.AFZULPURKAR, J 26.06.2015 KH