SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2023 Supreme(Telangana) 618

CHILLAKUR SUMALATHA
Synycs Sabu LLP. – Appellant
Versus
State of Telangana, Registration & Stamps Department, Rep. by its Secretary – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. E.Madan Mohan Rao, Senior Counsel, Sri. M.Srinivas
For the Respondent: Sri. B.Dileep Kumar, Sri. S.Sridhar, Sri. Srinivas Velagapudi

Judgement Key Points

Based on the provided legal document, the Writ Petition No. 12810 of 2023 was filed by the petitioner to challenge the refusal of registration of a sale deed by the Registering Authority. The petitioner contended that the reasons for refusal were unlawful, unfounded, and not supported by the law or relevant documents. The petitioner argued that the property in question was declared surplus land but the vendors had valid rights over it, and that the refusal order was issued without proper verification or adherence to the procedures under the Registration Act, 1908.

The court examined the grounds for refusal, which included the absence of a conversion certificate for agricultural land, failure to produce evidence of the land falling under retainable land, and an alleged erasure in the property schedule. The court found that these grounds were either not substantiated or not valid, especially noting that the property was not agricultural land requiring conversion and that the relevant public documents confirmed the land's retainable status.

The court emphasized that the Registering Authority's powers to refuse registration are limited to specific grounds enumerated in the Registration Act, and that the authority exceeded its powers by refusing registration on invalid grounds. Consequently, the court set aside the refusal order and directed the Registering Authority to accept, register, and release the sale deed, subject to the verification of all necessary link documents and compliance with applicable laws.

In summary, W.P.No. 12810 of 2023 was filed to seek judicial intervention against an unlawful refusal of registration, and the court ultimately directed the Registering Authority to proceed with registration, affirming that the refusal was not legally justified.


ORDER :

1. This Writ Petition is filed seeking an order, more particularly, in the nature of Writ of Mandamus declaring the Refusal Order vide Order No.81/2023/RO(OB), dated 25.04.2023, passed by the 2nd respondent as illegal and arbitrary and consequently to set-aside the same and direct the 2nd respondent to receive and register the Sale Deed that was executed in favour of the petitioner.

2. Heard Sri E.Madan Mohan Rao, learned Senior counsel who argued on behalf of Sri M.Srinivas, learned counsel on record for the petitioner, Sri B.Dileep Kumar, learned Assistant Government Pleader for Stamps and Registration, who is representing Respondent Nos.1 to 3, Sri S.Sridhar, learned counsel appearing for Respondent No.4 and Sri Srinivas Velagapudi, learned counsel appearing for Respondent No.5.

3. Stating that the basis for refusal to register the Sale deed is unlawful and without any basis, learned Senior counsel appearing for the petitioner contended that the subject property i.e., the land admeasuring Ac.3.13 guntas which is equivalent to 16,093 Sq.yards, which is located in Sy.No.87/2 of Kondapur Village, Serilingampally Mandal, is declared as surplus land and a Panchanama was also con

        Click Here to Read the rest of this document
        1
        2
        3
        4
        5
        6
        7
        8
        9
        10
        11
        SupremeToday Portrait Ad
        supreme today icon
        logo-black

        An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

        Please visit our Training & Support
        Center or Contact Us for assistance

        qr

        Scan Me!

        India’s Legal research and Law Firm App, Download now!

        For Daily Legal Updates, Join us on :

        whatsapp-icon telegram-icon
        whatsapp-icon Back to top