In a recent court decision, Judge K. Sarath resolved a disagreement over land registration involving Mrs. Kothakapu Haritha and the State of Telangana. The court instructed the authorities to register the land documents, going against previous refusals.
Mrs. Kothakapu Haritha, a housewife from Telangana, had trouble registering her land located in Maktha Mahabubpet Village, Ranga Reddy District. The land, known as Sy.No.44, had a complicated past with previous court orders and government announcements.
The court had earlier instructed the registration of similar lands without considering a 2013 announcement. However, the authorities continued to categorize the land as prohibited, against the court's orders. This led to a refusal order by the Joint Sub-Registrar, which became a major issue.
"The respondent authorities have filed W.A.No.1499 of 2018 and the same was dismissed by the Division Bench of this Court."
Judge K. Sarath reviewed arguments from both sides. The petitioner's lawyer pointed out past orders supporting registration, while the Assistant Government Lawyer acknowledged these orders but asked for clear instructions.
The court decided to allow the registration of the land documents, instructing the Registering Authority to proceed without considering the previous refusal order or the 2013 announcement.
"This writ petition is disposed of directing the Registering Authority to receive, register and release the subject document."
The registration must follow the rules of the Indian Registration Act, 1908, and the Indian Stamps Act, 1899. The court also said the authorities could refuse registration if other valid reasons come up and clarified that the government could still claim ownership through legal processes.
"If any proceedings/suit/appeal pending... the registration of the document will be subject to the result of that proceedings/suit/appeal."
This decision allows Mrs. Kothakapu Haritha to move forward with registering her land, despite earlier obstacles. The judgment highlights the court's role in settling administrative disagreements and ensuring rules are followed.
