Konda Srinivas v. 1. The State of Telangana

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 direct the respondent No.4 to receive, process and register the sare deed bearing pending document No. p-1412023, dated 0g.02.2023, in respect of the petitioner,s PIot No. 15, admeasuring 200 Sq.yards, and plot No.15/A, admeasuring 100 sq.yards, total admeasuring 300 Sq.yards or equivarent to 251 rsq.meters, in sy'No 36/1 1, in Phase - ,, situated at Vinayak Nagar (HAL) IMutuary Aided co- operative Housing Society Ltd., Gopanpally Village, Serilingampally Mandal, under Gf{lMC Serilingapally Circle, Ranga Reddy District. Counsel for the petitioner : SRI SRIKANTH SUTART counsel for the Respondents: ASST.cp FoR srAMps AND REGrsrRATroN The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.3328 of 2025 ORDER: Heard learned counsel for the petitioner and Learned Assistant Government Pleader for Stamps and Registration appearing . for respondent Nos.1 to 4. With the consent of the parties, the writ petition is being taken up for disposal.

2. This writ petition is filed seeking the following prayer:- "to declare the action of the respondents more particularly one in tlrc nature of Wit of Mandanrus declaring tlrc rction of the respondents more particularly that of the resporulent Nos.4 in pnssing the refusal order bearing No.08 of 2023 dated 16.02.2023, rolrcreby nnd tohtre under the respondent No.4 lus reftrsed to register the subject plot being coztered by tlrc alleged notifcation beaing No.E5/2825/2.01'l dated 10.06.2021 issued by the respondent No.2 in respect of pending Document beaing No.P-14/2023, dnted 08.02.2023 executed in fattour of tlu petitioner by l:vt/s Magnn Infra Deaelopers in respect of the petitioner's PIot No.15 admeasuring 200 Sq yards and Plot No.15/A admensuring 100 Sq yards total admeasuring 300 Sq yards or equiaalent to 251 Sq meters in Sy.No.36/11 in Phrce Il, situoted at Vinayak Nagar (HAL) Mutually Aided Cooperatitte Housittg Society Ltd., Gopanpally Village Seilingampnlly Mmdal under CHMC Seilingapally Circle Ranga Reddy Distict is challenged 1, 1fuis strit petition as being arbitrnry illegal and- oiolatiae of Articles L4 L9 (d) 21 and 300 A of Constitution of lndia and consequently set asifu the inryugned Notifcation bearing No.E5/2.825/2011 dated 10.06.2021 issued by the respondent No.2 nnd direct the respondent No.i and 4 to receit:e the sale deeds presefied by tlrc petitioner beaing pending Document Nos.P-14/2.023 dated 08.02.2023 toitJtout reference to the intpugned. proceedings of the respondent No.2 dated L0.06.2027 z;ide N o tifi cation N o. E 5 /2 825 20LL." 2 :.., - t

3. I'oday' rvhen the matter has been taken up for lrearing, iearned counsel for the petitioner submits that in the lefusal order dated 1,6.02.2023 it has been nrentioned that as pel the prohibitcd prop<:rties list of this office, the said Sy.No.36/11 of Gopanpally Village is prolLibited as per the list commr-Lnicatecl under Section 22Aby the Collcctor & N,Iagistrate, Ilanga Reddy District, vide Letter No.ES/2825/2011, dat:ed 10.06.2021,. I{e further submits that the said the Letter No.ES/2825/2077, datetl 10.06.202-L was set-aside as per the orders passed by this Court in W.I,.l'Io.16109 o( 2024 dated 19.07.2024, relevant paragraphs are extrac[ed hereurLder:- " t 3 /s such, the lener dated 10.06.2021 in Lr.No. E5.'2825/2021 "'imilar letter dated 29.09.2021 in which re.ference o.f-ietter dated and the 1A.06.20:'1 y,as made, are only letters submilted by I)isticl Collector, Ranga Reddy Dish'ict to District Registrar, Registration & Stamps Deporttnent, Ranga Rcddy District for taking fttrther nct.es,':ary action and lhat cannot be the basis .for refusal for regi,\tation of the subject properl,y. It is also pertinent to note that subsequently, no notification ttas issut'd by respondenl autlnrities with respect rc the li.tt o/ lands mcnlioned in the letter dated 10.06.2022. In viey o/ the stme, leuer dated 10062021 in Lr. No. E5/282 5/2021 and the sirnilar l,zuer dated 29.09.2021 slbmitted by Di.etrict Collector, Ranga Reddy' District to Distt'icl )legistrar, Registration & Stamps Department, Ra,nga Reddy District are not in consonance lo the protisions of Section .12-A of the Act und. 22(A)(1)(e) and Clause (vi) of the guidclinc,s arul the same cannot be referred for the purpose of denying registralion o.f the subject prcperties Consequently, reference made vide Lr.No. E5t.282 5/202l, dated 10.06.2021 and similar letter dated 29.09.2021 ore pet se illegal, urbilrarl,' and bad in law and nre hereby set aside ond v,"il petition stands alloy,ed. Registering Authorities are direcled to receij,e, register und rele.ase the sale deed presented by the petitioner in res,tect o/ the subject property, subject to the petitioner complyirtg u,ith the pruvisions of the lt'tdion Registration Act, 1908, and Indian Stanps Act, 1899. k is also open lo lhe Registering Authority to refuse lo tegister ,he subject docuntent by specifically assigning the reasons in terms (t section 7l of the Act, 1908 and communicate the said decision to the petitioner. ,14. Needless, to state that respondent Authortties shall scrupuktSsll, .follow the directions and shall not .fll.ther r,:rfer to the Lr.Nc.$5/2825i2021 dated 10.06.2021and sintiitu. letter dated 29.09.2(.)21 a.t a reason for refusal of regi,\jlration and .tlegisterinR J Authoriries shall verify the same be/'ore denying the regislering on the sirnilar ground which has already been addressed in lhis writ petilion' Il is made clear lhat mere registralion of the documenl does not mnfer title on the subject property and it is also made clear lhat this order would not hqve any bearin+ on all those matters where title/riShts ofthe patties are pending before the authorities either in rettision/appeals for adjudication and in any other case this order also does not preclude lhe parties in asserting their rights before a competent Court of lote

15. Accordingly, writ petition is allowed with lhe above ttbservalions."

4. Learned counsel for the petitioner further pray this Court to Pass similar orders as passed in W.P.No.161O9 of 2024 dated19-07.2024

5. Learned Assistant Government Pleader apPearing for respondents on instructions submitted by Sub-Registrar, Serilingampalli would submit that the refusal order was issued prior to the orders passed by this Hon'ble Court vide W.P.No.16109 of 2024 and currently, they are registering the documents in said survey numbers based on the common orders passed by this Hon ble Court in W.P No.16109 of 2024. I

6. Recording the submissipns made by the learned counsel appearing on either side and in terms of order Passed by this Court in W.P.No.16109 o( 2024 dated 79.07.2024, this writ petition is allowed by setting aside the refusal order No.08 of 2023 dated 16.02.2023, and the Registering Authority is directed to receive, register and release the subject document presented by the petitioner in respect of the subject property, subject to the petitioner complying with the provisions of the I Indian Registration Act, 190g, and Indian Stamps Act, 1g99. It is made clear that if the said document cannot be registere,l for any other reasons, the Registering Authority sharl record and < ornmunicate the same to the petitioner. It is.arso made crear that mere rt:gistration of the document d-oes not co,fer titre on the subject propert.r/ and this or.der would not have any bearing on all those matters rvrrere title/rights of the parties are pendi,g before the authorities either in revision/ appeais for acljudication and in any other case this order arso does not preclude the parties in asselting their rights before a competent Court of law.

7. Accorrlingly, this writ petition is allowed. Miscellaneous applications, if any pending, shall stand closed. No order as to costs To, //TRUE COPYII SD/.P.GOWRI SHANKAR ASSISTANT REGISTRAR SECTION OFFICER l The Principar secretary_,Revenue (Registrations and stamps) Secretariat, State of Telangana, Hyderabad. ',t#3',"iiil'.,?l *'fi,Tffi #: e,x5"";t ' I?:"'|-;SJ::I5%%'J#: 4. The S ub-Reoistra r. SeritingiTp.a lty 1 -60 t 3Ot7 6 I 1 34, 1 _60 l3O t.1 7 I 1 3 4. o l giilno n s a ra Ka r a n \/i, a s e Ranga Reddv District Prashanthi Naszrr tDA Kukatpailv ca'chibowii Hfi;;d,;, i;;'s: h"eddy District, reransana _ f;6?Ef*rnfir.,

5. One CC to SRt SRTKANTH SUTAR|, Advocate. [OPUC] 6. Two CCs to Gp FOR STAMPS AND REG|STRAT|ON, High Court for the 7. Two CD Copies State of Telangana. [OUTI BSK 6) c.tp Y+ I HIGH COURT DATED:0610212025 ORDER WP.No.3328 of 2025 '':---i\ S I;l o,) !l rii Ziffi z o h * t-$ DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,{^ @