High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not registering the Sale Deed submitted by the petitioner for registration with regard to the House Plot bearing No.129, admeasuring 200 sq. yards, forming part of Layout issued in File No.12B4I[MP2/HUDA/91, in Survey No.44 (Sub-Division Nos.44l311, 4412 and 4415) situated at Maktha Mahabubpet village, Serilingampally lvtandal under GIIMC Chandanagar Circle, R.R.District, basing on the Draft Gazettee Notification No.B6 dt.26-09-2013 issued by the Collector vide File No.E5/4733i2013 calling for objections without there being any final notification. as highly illegal, arbitrary and consequently direct the 3rd respondent to receive, register and release the Sale Deed submitted by the petitioner for registration 'i;;EFlq.i!f,Eitr+if+ey' Jt, ith regard to the House Plot bearing No. 129, admezrsuring 200 sq. yards, forming part of Layout issued in File No.1284lMP2IHUC A/9i , in Survey No.44 (Sub-Division Nos.4413/1 , 4412 and 4415) situated at Maktha lVahabubpet village, Serilingampally lr4andal under GHIV1C Chandanagar Crrc:, R R.District, without reference to the notification of the District Collector dt.26-09-2013. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in th,, circumstances stated in the affidavit filed in support of the petition, the High (-)(: urt may be pleased to direct the 3rd respondent to receive, register and re ease the Sale Deed submitted by the petitioner for registration with regard tc, .re House plot bearing No.129, admeasuring 200 sq. yards, forming part ol _ayout issued in File No.1284ll|lPilHuDAi91, in Survey No.44 (Sub-Division Nos 44 l3/1, 4412 and 4415) situated at Maktha lvlahabubpet village, Serilinq zr mpally [\,4andal under GHTMC chandanagar circle, R.R.District, without referenr:e to the notification of the District Collector dt.26-09-2013 pending disposal of tt.r: writ petition. Counsel for the Petitioner: SRI N.M.KRISHNAIAH Counsel for the Respondents: SMT S.SRAVANTHI, AGP FOR STAMPS & REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.3636 of 2024 ORDER: Heard Sri N.M.Krishnaiah, Learned counsel for the petitioner and Smt S.Sravalthi, lbarned Assistant Government Pleader for Stamps and Registration for the respondents and perused the entire material on record

2. Learned counsel for the petitioner submits that the petitioner questioning the action of the respondents in not registering the SaIe Deed submitted by the petitioner with regard to the House Plot bearing No. 129 admeasuring 2OO Sq. Yards, forming pafi of Layout issued in File No.1284lMP2IHUDA/9l in Survey No.44 (Sub-Division Nos.44l3/1,44/2 and 44/5) situared at Maktha Mahabubpet Village, Serilingampally Mandal under GHMC Chandanagar Circle, R.R.District, basing on the Draft Gazette Notification No.86 dated 26.09.20 13 issued by the Collector uideFlle No.E5/4733 /2013 calling for objections without there being any final notification. ./ .*#i*i \;"i-w .lrl .I}i .?.t \i

3. I-earneci counsel for the petitioner I';irther submits that at the time of admission, this Court .rassed inlertn order o11 14.O2.2O24 and directed t Lre Registering Authority to receive and register the su lt' ect doclrrnen t presenteci by the petitioner in respect lf the subject propert). vvithout ret'erence to the Notiilcation datcd

26.09.2013. In pursuance to the interim order passed by this Court on 14.O2.2024, the Registr:r'iirg Authorities ha,ze registcred the subject documenl pr-e.sented by the petitioner

4. Learned counsel for the petitioner fult rcr submits that while dcaling with the similar issue, this Clourrt disposcd of the W.P.No.33090 of 2023 on 06.72.2O2?, rnd directcd the Registering Authority to receive, register and release the subject document(s) without refcrence to the District Gaz.ette Notification, dated 26.09.2013 subject to the petitioner therein complying with the gl'ovisions of the Indian Registration Act, 19O8, and Indian [: tamp Act, 1899. \ In view ol the interim order passed tr1 this Court on

14.02.2024 and no counters filed by the respondent i I I I 1t 3 authorities in this matter, learned counsel requested this Court to allow the writ Petition

5. On the other hand, the learned Assistant GovernmentPlead.erforStampsandRegistrationsubmits that after filing of the present writ petition, the respondent authorities have issued another Notification dated 03.10.2024 and requested this Court to pass appropriate orders.

6. In view of submissions made on either side and taking into account of the order passed by this Court in W.P.No.33O90 of 2023 on 06.I2'2O23, the interim order passed by this Court on 14.02-2024 in W'P'No'3636 of 2024 is made absolute- Accordingly, the writ petition is disposed of. However, there sha'll be no order as to costs' Miscellaneous petitions, if any, pending in this Writ Petition shatt stand closed. ,TRUE COPY// To, 1 . The Secretary, Stamps and Registration Depart State of Telangana. SD/. M.NAGAMANI ISTANT REGISTRAR SECTION OFFICER t, Secretariat, HYderabad,

2. The District Registrar' Ranga Reddy District' 3. The Joint Sub-Registrar' Ranga Reddy District' 4. The District Collector, Ranga Reddy District' 5. One CC to SRI N.M'KRISHNAIAH, Advocate [OPUC] 6'TwoCCstoGPFoRSTAMPS&REG|STRAT|ON,HighCourtfortheState of Telangana at Hyderabad [OUTI ---'! ,a-

7. Two CD CoPies i nfong *-iG a clpy of order dt.06.12.2023 issued in wp 3li(190/2023) o BSR TKS :.{&' HIGH COURT DATED:0710812025 '..:',. .-.:=_=:_- r.rj -r i{ r--\\- .J. \ ;l r SFP ?025 -..- ,-, ' .i '.i \: ORDER WP.No.3636 of 2024 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS a- !A \ ./ ,/ THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.3 3090 of2023 ORDER Heard learned counse[ for the petitioner and learned Assistant Government Pteader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission. 7 This writ petition is fi[ed seeking the fottowing prayer: " to dectare the action of the respondents in not registering the Sate Deed submitted by the petitioner for registration with regard to the House Ptot No.88, admeasuring 200 sq.yards forming part of Layout in Fite No.1284/Mp2/HUDA/9.1, in Sy No.44 (Sub-Division Nos.44l3/1, 44/2 and 44/5\, situated at Maktha Mahaboobpet vittage, Seritingampatty Mandat under GHMC Seritingampatty Circte RR District as ittegat and consequentty direct the 3'd respondent to receive register and retease the Sate Deed submitted by the petitioner for registration with the above said subject property without reference to the notification of the District Cottector, dated 76.09 .2013" .

3. The learned counsel for the petitioner has submitted that on eartier occasion, this Court in W.P.No.2'1820 of 2023, dated 11.08.2023, has passed orders directing the registration of the documents presented/ pending before the authorities without reference to District Gazette notification dated i 2 !

26.09.2013 and the subject land in the present writ pe.ition atso pertains to the same survey number.

4. Learned Assistant Government Pteader has not :lir,puted the same and further stated thaI the responden[s wi[[ fottow the pr:rr.edure contemplated under Section 71 of the Registration Act, 1908 (for short .the Act, 1908,). Section 71 of the Act reads as fotlows: Reasons for refusal to register to be recorded.- ('l )Every Sub-Registrar refusing to register a (,ocument, except on the ground that the property ic whjch it retates is not situated within his sub-district :;hatl make an order of refusal and record his reasons for- ,uch order in his Book No. 2, and endorse the words " t-(: gistration refused" on the document; and, on appticatio- made by any person executing or ctaiming under the (.ocumen[, shatt, without payment and unnecessary detay give him a copy of the reasons so recorded. (2) No registering officer shatI accept for re!irtration a document so endorsed untess and until, under the provtsions hereinafter contained, the doc tment is directed to be registered. "

5. Recording the above submission made by learne ] counsel on either side and without expressing any opinion on the merits c. the case, this writ petition is disposed of directing the Registerinq l\L,hority to recerve, register and release the subject document(s), withcLri reference to the District Gazette Notification, dated 26.09.2013, subjer.t to the petitioner comptying with the provisions of the lndian Registr,:t on Act, 190g, and lndian Stamps Act, '1899, as expeditiousty as possibte, :referabty within a period of three (03) weeks from the date of receipt of copy of this order, subject to the petitioner comptying with the prov-s ons of the lndian ., Registration Act, 1908, and lndian Stamps Act, 1899. lt is also open to the Registering Authority to refuse to register the documents, by specificatty assign the reasons in terms of Section 71 of the Act, '1908 and communicate the said decision to the petitioner.

6. Accordingty, this writ petitron is dispbsed of. Miscettaneous applications, if any pending, sha[[ stand ctosed. No order as to costs. Date: 06.12.2023 SHA JUSTICE N.V.SHRAVAN KUMAR