The High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed thereiarith, the High Court may be pleased to issue a writ or order more particularly in the nature of mandamus drrecting Respondent No. 3 to register sale deed of Petitioner, executed by his Vendor, in respect to Plot No.4, admeasuring 511.11 Sq.Yds, equivalent to 427.33 Sq.Mtrs. in Sy. No. 532/AA, Sy. No. 535/E, Sy. No. 563, Sy. No. 564/A, sY, No. 533/AA, Sy. No. 563, Sy. No. 564/AA Part, Sy. No. 564/AA, Sy. No. 533/E, Sy. No. 535/A, Sy. No. 535/AA, Sy. No. 5641E Part, situated at Divitipally H/O Yedira (V), trlahaboobnagar (tvlandal and District), known as FORTUNE PALATVIURU lA NO: 1 OF 202t1 Petition under Section 1s1 cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to pass interim order directing Respondent No.3 herein to receive sale deed of Petitioner, executed by his vendor K. Venkatramulu s/o Beesanna, in respect to plot No. 4, admr:asuring 51 '1 .1 'l Sq.yds, equivalent to 4ZT .33 Sq.Mtrs. in Sy. No. 532lAA, Sy. No 535/E, Sy. No. 563, Sy. No: 564/4, Sy. No. 533/AA, Sy. No. 563, Sy. No. 56ryAA Part, Sy. No 564/44, Sy. No. 533/E, Sy. No. S3S/A, Sy. No. 535/AA, Sy. l,,lo. 564tE part, situated at Divitipaily H/O yedira (V), Mahaboobnagar (Mandar and District) and process it as per law, pending disposal of main writ petition Counsel for the Petitioner: SRI L. HARISH Counsel for the lRespondent Nos. 1to4: Ms. DARA HARITHA KIRAN, AGP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.5: AGp FOR HOME W.P. NO:2352 ctF 2021 Between: D Ashok (umar Goud, S/o Shekar Goud aged about 29 yrs., Occ. pvt. fr.nRloyee R/o H No 1-241 . APHB Corony"vediri fVi-turjhlo.jii jg'ai (Mandaland District) .:;;;;;;; I.ND

2. 3 4 5 Il._,^:Fl: :t^Telangala, ,, .Req by its principat Secretary (Stamps and Kegrstratton) Secretariat, Hvderabad. Telanoana The comrnissioner and Gerierai stamps and Registration Departmenl, Telanoana. Hvderdbad The Districi Registrar, Mahhboobnagar district Jl9 J^ol! 9Jb^-Registrar-t,.DistrictR6gistrar office, Mahaboobnagar district !ne ueput),supernintendant of police, C.l.D, R.O, Cyberabad, Hyderabad, Telangana. 'rnspector Petition unrJer Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ or order more particurarry in the nature of mandamus ...RESPONDENTS directing Respondent No. 3 to register sale deed of petitioner, executed by his Vendor, in respect to plot No. 45, admeasuring 146.66 sq.yds, equivalent to 122.62 sq.Mtrs. in sy. No. 532/AA, sy. No. 535/E, Sy. No. 563, Sy. No. 564/4, sY. No. 533/AA, sy. No. 563, sy. No. 564/A4 part, sy. No. s64tAA, sy. No. 533/E' Sy' No. 535/4, Sy. No. 535/AA, Sy. No. 5641E Part, situated at Divitipally Fl/o Yedira (V), Mahaboobnagar (Mandal and District), known as FoRTUNE PALAMURU lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to pass interim order directing Respondent No. 3 herein to receive sale deed of Petitioner, executed by his vendor K. Praneeth Kumar, in respect to plot No. 45 admeasuring 140.06 sq.yds, equivalent to 1 22.62 sq.Mtrs. in sy. No. 532/AA, sy. No- 535/E, sy. No. 563, sy. No. 564/4, sy. No. s33/AA, sy. No. 563, sy. No. 564/A4. Part, sy. No. 564/44,sy. No. 533/E, Sy. No. s3s/A, sy. No. 535/AA, sy. No. 564/E Part, situated at Divitipallyl l/0 Yedira (V), trlahaboobnagar (Mandal. and District) and process it as per law, pending disposal of main writ petition Counsel for the Petitioner: SRI L. HARISH counsel for the Respondent Nos. 1to4: Gp FoR srAMps AND REGTSTRATTON (TG) Counsel for the Respondent No.S: Gp FOR HOME The Court made the following: ORDER THE HON'BLE SHRI JUSTICE ANIL KUMAR JUI(ANTI WRIT PETITION Nos.2347 and. 2352 0F 2o2L COMMON ORDER: W.P. No.2347 of 2O2L is filed seeking the following relief: "...to issue a writ or order more particu'"arly in the nature of mandamus directing Respondent No.3 to regis;ter sale deed of Petitioner, executed by his Venclor, in respect to Plot No.4, admeasuing 511.11 Sq.yCs, equiualent to 427.33 Sq.Mtrs in Sg.No.532/AA, Sy.No.535/ E, 59.No.563, Sy.No.564/ A, Sy.I[o.533 / AA, 5y.No.563, Sy.No.564/ae Part, Sy.No.564/AA, Sy.No.533/8, Sg.No.535/ A, Sy.No.535/ AA, Sa.No.564/ E Part. situc,.ted at Diuitipallg, H/ O Yedira (V), Mahaboobnagar (Mandal and District), known as "FOIITUNE PALAMURU" ancl maU pleased to pass ang .suchfurther order or orders..."

2. W.P.ltlo.2352 of 2O2L is filed seeking the following relief: "...to issue a t.urit or order more particularly in the natu,e of mandamus directirtg Respondent No.3 to register sale deed of Petitioner, executed by his Vena'.or, in respect to Plot No.45, admeasuing 146.66 Sq.yrls, equiualent to 122.62 Sq.Mtrs in Sy.Nc.532/AA, Sy.No.535/ E, 5y.No.563, Sy.Nc.564/ A, Sy.I[o.533 / AA, Sy.No.563, Sy.Nc.564/AA Part, Sy.No.564/AA, Sy.No.533/8, Sy.Nt.535/A, Sy.No.535/ AA, SA.No.564/ E Part. situated at Diuitipally, H/O Yedira (V), Mahoboobnagar (Mandal and District), known as 2 Wp_2347 &2352_202t JAK, J "FORTUND PALAML|R(J" and maA pleased to pass anA suchfurtlrcr order or orders..."

3. Since W.P.Nos.2347 and 2352 of 2O2L are arising out of the same issue, they are being heard together

4. For convenience, facts in W.P.No.2347 of 2O2L are discussed

5. Heard Mr. L.Harish, learned counsel for petitioner, Ms Dara Haritha Kiran, learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.1 to 4 and Mr. Sridhar Bhuvanagiri, learned Assistant Government Pleader for l{ome appearing for respondent No.5.

6. It is averred in writ affidavit that petitioner entered into an agreement of sale with one K.Srinivas on 15.O7.2019 with respect to a parcel of land admeasirring 511.11 Sq. Yards situated at Divitipally, for a total sale consideration of Rs.2S,OO,OOO/-. That petitioner paid an' amount of Rs.B,OO,0OOl- as advance sale consideration and agreed to pay the balance sale consideration of Rs.17,0O,OO0/- within .I 3 Wp_2347 &.2352_202t JAK, J 60 days liom the date of agreement of sale i.e., by

15.09.2019. (lt is not averred in the affidavit whether the sale transaction is complete). It is further averred that'petitioner's vendor K.:srinivas purchased the said plot from one K.Venkatramulu by registered sale deed dated 25.03.2019 and his vendor's vendor purchased the said parcel of land from M/s. Shakti Timber Estates Pvt. Ltd., vide sale deed dated 20.lt!.2013

7. [t is averred that on due diligence, petitioner came to know that a letter was addressed by respondent No.S (Deputy Superintendent of Police, CID, Cyberabad) to respondent No.2 (Commissioner & Inspector General, Stamps a:nd Registration Department, Hyderabad)

07.O3.2O19 to stop registration of immovable properties belonging to M/s. Agri Gold Farms Estates india Pvt. Ltd. It is further a.verred that the property which petitioner intends to purchas(r was in fact the property of M/s. Shakti Timber Estates Pvt. Ltd., a sister concern of M/s. Agri Gold Farms Estates InCia Pvt. Ltd. and that petitioner's vendor's vendor had purchased the property much prior to the attachment by 4 wp_2347 &2352_2021 JAK, J Government of Telangana in respect of properties concerning M/s. Agri Gold Farms Estates India Pvt. Ltd. It is also averred that M/s. Shakti Timber Estates Pvt. Ltd. sought permission from Gram Panchayat, to convert parcel of land admeasuring Acs.19.1B guntas covered in various survey numbers into residential plots in the narne and style of "FORTUNE PAI AMURU" and sold the residential plots to various persons. B. Perused the entire record and the documents annexed

9. TWo deeds, one of the year 2OL3 and another of the year 2019, and agreement of sale dated I5.O7.2019, executed on Rs.2O/- stamp paper, are annexed as documents. Nothing more is forthcoming from the entire record

10. It is the case of petitioner that an agreement of sale is entered, that, the properties by which the agreement of sale is entered are shown as properties under attachment by the Government, resulting in prohibition on registration. It is also the case of petitioner that agreement of sale is entered J- r 5 Wp_2347 &23s2_202t JAK, J much prior to the attachment by the Government and as such there cannot be any prohibition for registration. 1 1. Learned Assistant Government pleader for respondent No.5 inviterl the attention of this court to written instructions along with the documents annexed to the r,vritten instructions. Further attention is invited to order dated 15.03 .2olg passed in crr.Mp.No.1 151 of 2016 in crime No.7 ,rf 2015 (cID ps, Ts-Hyderabad). The relevant portion of the order is as follows: "12. Considering all these circumstances, this co,rt is of the opinion that it is a lit case where the interim attachment order made vide G.O.Ms..\o.I4T deserves to be made absolute.

13. In the result, the interim attachment orders F,assed by the Government of Telangana Vide G.O.Ms.No.l47, Home (Services_lV) Department, dated 29.09.2016 is hereby made absolute in respect of the properties mentioned in Annexurr---1, II and III of the said G.O."

72. with wrltten instructions, three annexures are praced on record. Annexure-l is list of accused, annexure-ll is memo of evidence and annexure-Ill is list of documents. These annexures of crime Investigation Department are in crime No.7 of 2o15 registered for offences under Section s 42o, 4o3, 6 wp_2347 &2352*2021 JAK, J a table, Divitipally, 406, 477-A of Indian penal code read with sections 120(B) and Section S of Telangana protection of Depositors of Financial Establishments Act L999 of CID pS, TS, Hyderabad. It is observed from annexure_III, containing particulars is given, at Sl.No. I4, column No.2 is an original brochure of Agrigold Fortune palamuru at Mahabubnagar, collected / seized from the witness/accused, i.e., LW-g. In column 4, it is reflected that LW9 spoke about the documents. on a reading of the order dated 15'03'201g, the list of documents annexed, with specific reference to sl.No. 14, it is apparent that properties at Divitipalry are the properties petitioner craims to have entered into agreement of sale. These properties a_re properties reflected at column No.14 0f annexure_Ill. The subject matter is for consideration before the Sessions Judge, Mahabubnagar. The principal Judge, made absorute, the interim attachment orders passed by the Government of Telangana vide G.o.Ms.No. 147, Home (services-IV) Department, dated 29.0g.2016. (in respect of the properties mentioned in Annexure-I, II and III of the said Principal Sessions G.O.). -g-trl \ - I 7 Wp_2347 &.2352-2021 JAK, J

13. Learned Assistant Government Pleader for Stamps and Registratiorr for respondent Nos.1 to 4 submits that refusal/rejt:ction to register is in accordance with law. That the subject properties are for consideration and adjudication before thr: Principal Sessions Judge, Mahabubnagar, including ':he properties being sought for registration by petitioner(s).

14. Learr:ed counsel for petitioner invited the attention of this Court to the order of a Division Bench. The relevant portion of the order of Division Bench is as follows "After hearing the learned counsel for the parties in the present matters, this Court is of the opinior that it is the Special Court which is having jurisdiction to make equitable distribution of the money realised, out of the property attached, among the depositors. Therefore, the amount of Rs.50,42,7O,5211- along',riith the accrued interest be transferred to the Special Court constituted for the purpose. The petitioners before this Court as well as all other dcpositors shall be free to fite -appropriate appliortions in respect of their claims before the Special Court by furnishing all minute details and the Special Court shall proceed ahead in accordance with lztw keeping in view the statutory provisions as contai:red in the Act. It has been brought to the notice of this Court that irL some of the cases the petitioners are Banks. The seid Banks shall also be certainly free to file an application before the Special Court. rc: Wp_2347 &2352 2021 JAI\, J. It has further been brought to the notice of this Court that there are two writ petitions i.e., W.P.Nos.23B7O and 24347 of 2Ol8 filed by the Bharat Sanchar Nigam Limited (BSNL). The BSNL shall also be free to approach the Special Court or avail any other remedy available under the law. It has also been brought to the notice of this Court that certain properties are sold on account of the order passed by this Court. Therefore, the Special Court shall now be free to proceed ahead in accordance with law in respect of thosc properties also. Resultantly, all the writ petitions and the public interest litigations are accordingly disposed of ."

15. The subject matter before the Division Bench is not the same as the subject matter in these writ petitions. Petitioners herein are seeking a direction to register sale deed. Hence, the Division Bench order is not applicable to the facts of the

16. Having considered the entire factual matrix of the case this Court does not find any merit in the submissions of petitioner counsel. The properties being sought for registration are properties listed in Crime No.7 of 2O15. The said properties are under attachment, the attachment is made absolute by a competent Court. No interference is needed. A request is made before this court that petitioner 9 Wp-2347 &2352 2021 JAK' J bepermittedtomakeanapplication/petitionbeforethetrial Court

17. petitioner is permitted to make an application before the concerned Principal Sessions Judge' Mahabubnagar (concerneclCourt).Need.lesstostatethat,applicationshall be considered in accordance with law'

18. With the above observations' W'P'No'2347 of 2O2l is disposed of. [n view of disposal of W'P'No'2347 of 2O2l' W.P.No.2ii52 of 2021 stands disposed of' No order as to costs. Misr:ellaneous applications pending' if any' shall stand closed. To, -S. MALLIKARJUNA RAO TANT //TRUE COPY// SECTION OFFICER Telangarra. Telangarra. Department, Telangana At Hyderabad.

1. The Prirrcipal Sessions Judge, Mahabubnagar. 2. The Principal Secretary (Stamps and Registration) Secretariat, Hyderabad, 3. The Commissioner and lnspector General, Stamps and Registration 4. The District Registrar, Mahaboobnagar District. 5. The Joini Sub-Registrar-|, District Registrar Office, Mahaboobnagar District. 6. The Deputy Supernintendant of Police, C.l.D, R.O, Cyberabad, Hyderabad, 7. one CC to SRI L. UARISH, Advocate [OPUCJ 8. TWO CCr; tO GP FOR STAMPS AND-REGISTRATION ,High COUrt fOr thE ^ State of -relangana 9. Two ccr; to Gf FoR HOME, Higrr court for the state of relangana, at Hyderabad [OUT] 10.Two CD ,lopies B M ?r''c BS at Hyderabad TOUTI . ,( -.. _--..-."-., HIGH COIJRT DATED:09/09/2025 p,T[ O F 'r\ \'-t' 2 ) i, ttt/-q.,,' . -_-i..:::-. COMMON ORDER WP.Nos.2i347 AND 2352 of 2021 DISPOSIN,G OF BOTH THE WRIT PETITIONS WITHOUT COSTS .trrc qt2- \16. ",:S,$ & Al^? .Yr t\'