lnuoanti Venu Gopala APPa Rao v. The State of Telangana

Petition under Article 226 ol lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleasedtoissueaWrit,OrderorDirectionmoreparticularlyoneinthenatureof Writ of Mandamus declaring the action of the respondents. in passing Refusal orderNo.28/2024lRo(oB)dt'230l2024refusingtoregistertheGiftSettlement Deed pending document No.13 of 2024 wllh regard to the House bearing No '1 6512t113 (PTIN No-1219985247\' Plot No 1'13, with a built up area of 900 sft' (ACC) in Sy.Nos.12,12lA and 13 admeasuring 233'33 sq' yards or 195'06 sq' meters, situated at Guttala Begumpet village, Serilingampally Mandal' under GHMC Chandanagar Circle 21, Ranga Reddy District' as highly illegal' arbitrary and set aside the same and consequently direct the 3rd respondent to receive' register and release the Gift Settlement Deed Pending document No 13 of 2024 I I I I I I 1 submitted by the petiiioner for registration with regard to the Frouse bearing No.1 65121113 (PTIN No 1219985247), ptot No..l 13, with a buitt up area ol 900 sft. (ACC) in Sy.Nos.12, l2lA and 13 admeasuring 233.33 sq. yards or 195.06 sq. meters, situated at 3uttala Begumpet village, Serilingampally Mandal, under GHIVIC Chandanagar Circle 21 , Ranga Reddy District, in view of the endorsement of the u LC authorities and arso in view of the memo dt.2g 12 2ozo as the petitioner s predecessors are having the registered sare deed bearing document No.1 '1719 of 1 990 in respect of the subject house property. IANO:1OF2 o24 Petition under sjection 151 cpc praying that in the circurnstances stated in the affidavit fired in srrpp.rt of the petition, the High court may be preased be pleased to direct the 3rd respondent to receive, register ancr rerease the Gift settlement Deed pending document No. i 3 of 2024 submitted bv the petitioner for registration with rer;ard to the House bearing No. .1 65t21113 (pTlN No.12'19985247), ptor No l.t3, with a buitt up area of 900 sft. (ACC) in Sy.Nos.'12,'12lA and .1 3 admeasuring 233.33 sq. yards or .195.06 sq. meters, situated at Guttala Begumpet village, Seriling€mpa,y Mandal, under GHMC Chandanagar Ctcle 2., Ranga Reddy District, by suspending the Refusal Order No 28r2024rRO(OB) dt.23 01 2024 issued by the 3rd respondent pending disposal of the writ petition. Counsel for the Petitioner : SRI N.M.KRISHNAIAH counsel for the Respondents: ASST.Gp FoR srAMps AND REGrsrRATloN The Court made the following: ORDER w: y'-- THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.3499 of 2024 ORDER: I{eard learned counsel for the petitioner and learned Assistant Government Pleader for stamps and registration appearing for the respondents.

2. Learned counsel for the petitioner submits that questioning the Intimation of Refusal Order issued by thc respondent No.3-Joint Sub-Registrar-I uide Refusal C)rdcr No.2B l2024lRO(OB) dated 23-01.2024, which is for refusing to re gister the Gift Settlement Deed document No.l3 of 2024 executed by the mother of the petitioner with respect to the l{ouse bearing No' 1 . 65 /21 rl3 (PTIN No.1219985247\, Plot No. I 13, in Sy.Nos.12, l2lA & 13 admeasuring 233.33 Sq. Yards situated at Guttala Bcgumpet Vil1age, Serilingampally Mandal under GHMC Chandanagar Circle-2l, Rartga Reddy District, the petitioner filed the present writ petition.

3. Lcarned counsel for the petitioner further submits that the respondent No.3 refusing to register .t the Gift Sel.tlement Decd of the subject prol)erty on the ground that the subject property is .in Su:vey Nos.12 and 13 of the Guttala Begumpet Villagc, whrch is under prohibitory list for registration under Scc 22,\[1)(d) of the Registration Act uide Urban Land Ceiling Letter No.A4/928 12010, dated 17.O3.2OlO and also as per the Circular tr4,:mo issued by the Cornmissioner and Inspector (ieneral of Stamps and Re gistr.ation uirl e Memo No G2/25712O19 dated 26.Og.t\O2O alld 29.72.20,20. 4 . Lea rned counsel for the petition r:r further submits that_ the subject propcrty was r.cgularized by the Urban Land Ceiling authorities as per G.O.l\,is.No.297, Revenue (U(l.lII) Department, dated 16.04.2010 ukle Endorsement Application No.F1/747 /gT30,t OB dated 27.04.2010 and stated that the subjcct land is not falling unde:- the prohibitory list. Without r-aken into account of the same, the respondenLs have raised objections for registration of the subject propert5r. He further submits that after filing the present rnrrit petition, the petitione,r had made al application trefore the w I ,/ t I i t i I I i 3 competent authorities and requesting for regularization of lay-out and the sarne was executed by them and issued proceedings uide Proc.No.C/GHMC/1170321 2O2O d,aled 17.06.2025.In view of the proceedings dated 1,7.06.2025, the objections raised by the respondent authorities for registering the subject properby are overruled and requested this Court to allow the writ petition by setting aside the Refusal Order No.2Bl2O24/RO(OB), dated 23.01.2024 and direct the respondent authorities to register and release the Gift Settlement Deed pending documgnt No.13 of 2024 wrtl'L regard to the sutrject ProPertY.

5. Learned Assistant Government Pleader appearing for the respondents has not disputed the submissions made by the learned counsel for the petitioner wi.th regard to the No Objection Certificate uid.e Endorsement dated 27.O4.2O1O granted by the Urban Land Ceiling authorities and regularization of layout by the competent authority and requested to pass appropriate orders. \ 't I 4

6. Afler hearing both sides, this Court is of the considered uiew that basing on the proceeclings issued by the Llrltan Land Ceiling authorities tide Letter No.Aa/928/2010 dated 17.03.2010 and also as per Circular l\,Iemo No.G2/257/2019 dated 26.O8.2O2O and

29.12.2020, the respondent No.3 has issu:ed Refusal Order No.28/2024/RO(OB) dated 23.07.2(\'24 to the petitioner a:ed stated that without valid per-rn ission or without any lay-out approval from the competenL authorilv, the registration of the subject clocument cannot be errtertained. After issuance of the proceedings dated 17.03.2O1O, the Urban Land Ceiling zruthorities have issued subsequent proceedings in Endorsement Application No.Fl /7a7 18730 /08 dated 27 .O,i 20 10 and stated that the subject land is not falling under the prohibitorl' list. Therefore, the respondent l{o.3 has to consider thr: proceedings in Endorsement .Apptication No.Fl /7a7 / 8730/OB dated 27.O4.2O|O.

7. ()nce the Urban Land Ceiling authorities declared the subject property is not falling under the prohibitecl lir;t. The respondent authorities have to take i I I i I I i I I I l I I ! * t I I 5 the same into account and pass appropriate orders. Moreover, after filing of the writ petition, the petitioner has made an Application for regalaization of the subject layout. In view of the same, competent authority has issued Proc.No.C/GHMC/ 117032/2020 dated

17.06.2025 arrd regularized the layout of the petitioner.

8. In view of the above circumstances, the impugned Refusal Order No.2812O24lRO(OB) dated

23.01.2024 passed by the respondent No.3 is liable to the set aside. Therefore, the respondents have to consider the subject document presented by the petitioner and register the same without reference to the impugned Refusal Order No.28l2O24iRO(OB) dated

23.O1.2024.

9. In view of the above findings, the Writ Petition is disposed of by setting aside the Refusal Order No.2812O24/RO(OB) dated 23.01.2024 issued by the respondent No.3-Joint Sub-Registrar-I and the respondent Noi3-Joint Sub-Registrar-I is directed to , Ir register and release the Gift Settlement Deed pending I :' document No.13 of 2024 witLr regard to the land in Plot 6 ,.l No.113 in fiy.Nos. 12, l2lA & 12 admeasul-hg 233.33 Sq. Yards situated at Guttala Begumpret Village, Serilingampally Mandal under GHMC Chandanagar Circle-27, R,rnga Reddy District. 1O. I\{iscellaneous petitions pending. iI.any, in this Writ Petition shall stand ciosed. //TRUE COPY// SD/-MOHD. ISMAIL DEPI..,TY REGISTRAR i.r SEOTIbN OFFICER I oT

1. The Secretary, Stamps and Registration Department, Secretariat,State of Telangana, Hyderabad.

2. The Commissionerr and lnspector General, Registration and lstamps, Telangana, Hyderabad.

3. The Joint Sub Rellistrar 1, R,O., Ranga Reddly District. 4. The Special Officer and Competent Authority under Urban Larnd Ceiling, Hyderabad cum D,istrict Collector, Ranga Reddy District.

5. One CC to SRI N M.KRISHNAIAH, Advocate. [OPUC] 6. Two CCs to GP Ff R STAMPS AND REGISTRATION, High t3ourt for the State of Telangan a. [OUT]

7. Two CD Copies. BSK BS HIGH COURT DATED:2610612025 \ \ ORDER WP.No.3499 of 2024 tji;r i IG o * 1 ti JUt 21125 , = Ot : \,r:d .\: * , rr;ti€ o DISPOSING OF THE WRIT PETITION WITHOUT COSTS I lb IW ; i i i I I I I I I I I i I i l I I