✦ High Court of India · 15 Apr 2025

The High Court · 2025

Case Details High Court of India · 15 Apr 2025
Court
High Court of India
Decided
15 Apr 2025
Length
1,978 words

THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.16 of 2o24 ORDER: Ileard learncd counsel for the petitioners and learned Assistant Governrnent Pleader for Stamps and Registration appearing for the respondents and perused t.le material on record.

2. Learned counsel for the petitioners sutmits that this wrl t petltlon 1S liled by the petitioners qtrestioning the actron of the nrspondent No.3 in not receivirig, rt:gistering ancl releasing the Sale Deed presented by the petitioners in respect of the suit schedule propenty situateC in Alkapoor 1'orvnship. Ptrltpalaguda Village, Under Manikonda N4unicipality, Gandipet Mandai, Ranga Reddy District.

3. Learned counsel appearing for the petil oners further su brrrits that in similar- matter of the same village, this Court passed Order dated 19.03.2025 in WP.No.8175 of 2025 and requt:sted to pass similar order ir1 this matter also. 4, The learned Assistant Government Plead:r for Stamps and Registration on instructions submits that a number of 2 .si(,./ wP 16 2024 suits are pending with regard to the suit schedule property. Moreover, the petitioners have not presented documents before the Registering Authorities. If the petitioners present the document, the Registering Authorities will pass appropriate orders in accordance with law.

5. In view of the submissions made bv thc botl-r sides and by following the Order passcd by this Court in W.P.No.8175 of 2025 dated 19.03 .2025, this u,rit petition is disposed of, with a liberty to petitioners to makc representation/application submitting ail their grievanccs, within a period of two (02) weeks from the datc of reccipt of copy of this order and on such representation/ application. the respondent authorities are directed to dispose of thc same by following the guidelines issued in Lhe circular Memo No.G3/912212O24, dated 12.08.2024 and pass appropriate orders strictly in accordance with law and in terms of the guidelines issued in Vinjamuri Rajagopla Chary Vs. .Stqtc of Andhra Pradeshl and in W.P.No.283OO of 2OO7 & Batch, dated 79.70.2023, as t (2or6(r)ALT ssOlFBI) ;€Ery'.#" / 3 sli,./ .'I'_16 2021 expeditiously as possible, preferably, within eL period of two (02) weeks from the date of receipt of a copy ol.petitioners, representation/ application. However, there shall be no ordcr as to costs

6. Registry is rlirected to alnex copy of ttre order in W.P.No.8l75 of 2O2S dated 19.03.2025 7 Miscellancous applications pending, if an,,,. in this writ petition shail stalcl closed. //TRUE GOPY// SD/.V.KAVITHA DEPUTY REGISTRAR ffi. SEC FFICER The Principal-.secretary, Revenue (Stamps and RegistraLions). Secretariat, lne State ol Ielangana. Hyderabad. The Commissioner.and lnspector General of Registratiorr and Stamps, Telangana, Hyderabad. The Sub-Registrar, Gandipet, Ranga Reddy District. The District Registrar. Ranga Reddy District. One CC to [Vl/s [\,4adhavi Priya lVlantena Advocate [OpU()] Two CCs to GP for Stamps And Registration, High Cour for the State of I elangana, at Hyderabad [OUT] Two CD Copies TJ GJP (Along with the Copy of Order dated 19.03.2025 ln W.p.No.B ,t7S ot 20251 To, 2 3 4 5 7 HIGH COURT DATED:1510412025 ORDER WP.No.16 of 2024 t''-'-- . -) I tlt'- r c \ 10 sEt, 206 \ (' \ t S/r,-, t i , ",1..1 .,/ DISPOSING OF THE WRIT PETITION WITHOUT COSTS THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.8175 of 2O2S ORDER: Learned counsel for the petitioner submits that petitioner is the absolute owner and possessor of the land admeasuring to an extent of 300 Sq. Yards in Plot No.44A and also the land admeasuring to an extent of 300 Sq. Yards in Plot No.44B located in Sector-lll, "C" Block in Sy.Nos.236 ll and 237 situated at Alkapoor Township, Puppalaguda Village, Gandipet Mandal (New), Rajendra Nagar Mandal (Old), Ranga Reddy District. The petitioner has applied for building construction permission. In view of the above said building permission, the petitioner herein has executed the deed of mortgage in favour of the Metropolitan Commissioner, HMDA. As per the proced.ure contemplated under the law, the petitioner has presented the mortgage deed before the Registering Authority i.e., respondent No.3 along with relevant documents to register the subject documents, but the Registering Authority is refusing to receive and process the subject documents on the ground of Slafus quo order 2 -{l\../ P _t3 Ll.; !0:.i dated 23.12.202I passed in IA No.l of 2021 in CMA No.383 of 2021 and further submits that neither the petitioners nor petitioners' vendor are parties in CMA No.383 of 2021 or in OS Nos.541 of 2015 and 242 of 2O2l on the file of V Additional District Judge, Ranga Reddy, L.B.Nagar. 2 Learned counsel for the petitioner submits that it is duty bound on the part of the Registeri:tg Authority to receive, register and release the subject documents and if Registering Authority is not registerir g the subject documents, the Registering Authority shall assign reasons for refusal.

3. Learned counsel for the petitioner .u:ther submits that the respondent No.3 has misi.nterpreted the order passed. in IA No.1 of CMA No.383 ol 2021, dated

23.12.2021 and placed entire survey numbers under prohibitory list, hence, respondent No.3 is orally refusing to receive and register the sale deeds presented by the petitioner. In similar matters, this Court passed orders in 3 -sI\' 'l lr P_81?.; )t)l; W.P.No.19423 of 2024 dated 23.07.2024 and W.P.No.34O 18 of 2024 dated 04. L2.2024 and requested to pass similar order in the present writ petition.

4. Learned Assistant Government Pleader for Stamps and Registration not disputed the submissions made by the petitioner. But stating that the Registering Authority not registering the documents in view of number of civil cases pending with regard to the subject property.

5. In view of the submissions made by the learned counsel on either side and without expressing any opinion on merits of the case, this writ petition is disposed of, with a liberty to petitioner to make representation/application submitting all his grievances, within a period of two (02) weeks from the date of receipt of copy of this order and on such representation/ application, the respondent authorities are directed to dispose of the same by following the guidelines issued in the circular Memo No.G3l9l22l2O24, dated l2'O8'2O24 and pass appropriate orders strictly in accordance with 4 .i1{../ u P u l;.i :1):; Iaw and in terms of the guidelines issued in Vinjamurt Rajagopla Chary Vs. State of Andhra Pradesht q.nd in W.P.No.283OO of 2OO7 & Batch, d.qted i'9.7O.2O23, as expeditiously as possible, preferably, within a period of two (02) rveeks from the date of receip: of a copy of petitioner's representation/ application.

6. Accordingly, this writ petition 1S disposed of. Miscellaneous applications, if any pending, in this writ petition shall stand closed. No order as to costs Date: 19.03.2025 JUSTICE K.SARATH 'lzorolr;nrr s50tFBl )

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