Sirioiri Poonamma v. 1. The State of Telangana

Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleasedtoissueawrit,orderordirection,moreparticularlyoneinthenatureof WritofMandamusdeclaringtheactionoftherespondents,moreparticularlythat of the respondent Nos.4 in passing the refusal order bearing No 36 of 2022' dated 13.07 -2022, whereby and where under the respondent No 4 has refused to register the subject plot being covered by the alleged notification bearing No.E5/2825/20',lldatedloto6l2o2lissuedbytherespondentNo2inrespectof pending Document bearing No P-128t2O22' dated O8lO7 t2022' executed in favour ofthepetitionerbyM/s.MagnalnfraDevelopers'inrespectofthepetitioner'sPlot No. 33, admeasuring 300 Sq.yards or 251 Sq meters' in Sy'No 36/1'f in Phase -ll' situated at Vinayak Nagar (HAL) Mutually Aided Co-operative Housing Society Ltd., Gopanpally Village, Serilingampally Mandal, under GHMC Serilingapally Circle, Ranga Reddy District, is challenged in this writ petition as being arbitrary, illegal and violative of Articles 14, 19 (d), 2'l and 300-4 of Constitution of lndia and consequently set aside the impugned Notification bearing No.E5l2825l2O1 1 dated 1010612021 issued by the respondent No.2 and direct the respondent No.3 and 4 to receive the sale deeds presented by the petitioner bearing pending Document Nos. P-12812022, dated 0810712022, without reference to the impugned proceedings of the respondent No.2 dated 10/06/2021 vide Notification No. E51282512011. lA NO: 1 OF 2025 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 direct the respondent No.4 to receive, process and register the sale deed bearing pending document No. P-12812O22, dated 08.07.2022, in respect of the petitioner's Part of Plot No.6 and Plot No.7, admeasuring 365 Sq.yards or 305.14 Sq.meters, in Sy.No.36/1 1, in Phase - ll, situated at Vinayak Nagar (HAL) Mutually Aided Co-operative Housing Society Ltd., Gopanpally Village, Serilingampally Mandal, under GHMC Serilingapally Circle, Ranga Reddy District. Counsel for the Petitioner: SRI SRIKANTH SUTARI Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOUITABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.3781 of 2025 OI(DER: Heard learncd counsel for the pctitioner and Lcarned Assistar.rt Covernment Pleader for Stamgrs and Registration appearing for respondent Nos.1 to 4. With thc conscrlt of the parties, the writ petition is being taken up for disposal at the admission stage itself.

2. This writ petition is filed seeking the following prayer'.- "to declnre the acliotr of tlu' responderts more particularly that of the respondent Nos.4 in passing the refttsnl order bearing No.36 of 2022 dated 13.07.2022, tolrcrehy nnd where under thz respondent No.4 hns refused to rcgistar the subjcct plot being cooered by the alleged notifcntion benring No.E5[2.8252011 dnted 10.06.2021 issued by the respondent No.2 in respect of pending Document beaing No. P- 1282022, dnted 08.07.2022, exea ed in fauour of the petitioner by ltrl/s Mngna Infrn Det,elopers in respect of the petitioners Plot No.33, admeasurirg 300 Sq.ynrds or 251 Sq.meters, in Sy.No.36/11, in Phase- ll, situated at Vinaynk Nngar (HAL) Mutturlly Aided Co-operntit;e Housing Society Lld., Goyanpnlly Villqe, Seilingampally Mandal, under GHMC Seilingapnlly Circle, Ranga Reddy Distict, is challenged in llis urit pctition ns being arbitrnry, illegal and ztiolatioc of Articles 14, 19Qr, 21 antl 300-A of Constitution of India and consequently set rcide tlr intpugned Notifcation beaing No. E528252.011 rlnted 10.06.2027 issued by the respondent No.2 and direct the respondent No.3 arrd 4 to rcceiue tle sale deeds presented by the petitioner henring pcnding DouLment Nos.P-128/2.022 dated 08.07.2022, toillrout refercnt:c lo the impugned proceedings of the respondent No.2 clated 10.06.2021 ride Notifcation No E528252011."

3. Today when the matter has been taken up for hearing, learned counsel for the petitioner submits that writ petition is squarely covered by the order passecl by tlris Court in W.P.No.16109 of 2024 claLed "19.07 .2024, relevant paragraphs are extracted hcreundcr:- l u " 13. As such, the letter dared 10.06.2021 in Lr.No. E5/2825/2021 and the sintilar letter dated 29.09.2021 in which reference of letter dated 10.06.2021 was made , are only lettcrs submitted by Distict Collector, Ranga Retldy District Io District Registrar, Registrotion & Stamps Deportment, Ranga Raddy District for taking furthcr necess(rr), octio,t and tltctt cannot be the ba.sis Jbr rc./usal for registration of the subject properly. It is also pcrtinent lo note that subsequently, no notilication v,as is.sued by respondent authorities v,ith respect to the list of lands menlioned in the lelter dated 10.06.2022. ln vicw of the some, letler dated 10.06.2021 in Lr. No. E5/282 5/2021 urd the similar letter doted 29.09.2021 submilted by Disn'ict Collector. Ranga Reddy District to Districl Registror, Registratiorr & Stamps l)eparl,nent, Rango Reddy Districl are not in consonance Io the provisions oJ Section 22-A of the Act and 22(A)(l)(e) and Clause (vi) of the guidelines and the same cannol be re.fcrred for lhe purpose of dcnying registration of the subject properties. Consequently, relerence nrude vide Lr. No. E5/282 5/2021. dated 10.06.2021 and similar lctter dated 29.09.2021 are per se illegal, arbilrar.v and bad in law and are hereby set aside and writ petition stands allowed. Registering Authorities are directed lo receive, regisler and relaase the sale deed presented by the petitioncr in respect of the subject property. subject lo lhe petitioner complyitzg wilh thc profisions ofthe lndian Registration Act, 1908, and lrulirut Stontps Act, 1899. lt is also open to the Regislering Authoritlt to re.fuse lo register the subject documeri, byspecifically assigning the reasons in terms of Section 7l of the Act, 1908 and communicate the said decision to lhe pelitioner.

14. Needless, lo state thal respondent luthorities shall scrupulously follow the directions and slrull no! further refer to the Lr. No. E5/282 5/202 I dated 10.06.2021and sioilur lctter dated 29.09.2021 os a reason for refusal of registration and Registering Authorities shall verilt the same before denying tlte rcgistering on the similar grountl which has already been addressed in lhis v)ril pelilion. ll is made clear thot mere registration o.f the clctcumenl does not confer title on the subject propcrly and it is al.so made clcar tlnl this order would not have any bearing on all tho.se molters where title/rights of the parlies are pending before the au!horities either in revision/appeals for adjudication and in any other cose this order also does not preclude the partie.s in asserling thcir rights be-forc a (:ompelent Court of lov'.

15. AccordinglS,, writ petition is allowed wilh lhe above oh.servalions."

4. Learned counsel for the petitioner furthcr pray this Court to pass similar orders as passed in W.P.No.16109 of 2024 dated 19.07.2024

5. Learned Assistant Government Pleader appearing for respondents has not disputed the same ancl submits that thc refusal bearing No.36 of 2022, dated 1,3.07.?q:2 was passerl priol to the ordcr passcd in W.P.No.16109 of 2024 dated l

19.07.2024 and submits that at Present the registering authority basing on the aforesaid order are registering the documents in said survey numbers'

6. Recording the submissions made by the learned counsel appearing on either side and in terms of order passed bv this Court in w.P.No.16109 of 2024 d,ated, "19.07 .2024, this writ petition is allowed by setting aside the refusal order No.36 of 2022, dated '13.07.2022, an<i the Registering Authority is directed to receive, register and release the subject document p;iesented by the petitioner in respect of the subject ProPerty, subiect to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899' It is made clear that if the said document cannot be registered for any other reasons, the Registering Authority shall record and communicate the same to the petitioner. It is also made clear that mere registration of tl're document does not confer title on the subject proPerty and this order would not have any bearing on all those matters where titlc/rights of the parties are pending before the authorities cither in revision/ appeals for adiudication and in any other case this order also does not prccludc the parties in asserting their rights before a competent Court of law.

7. Accordingly, this writ petition is allowecl. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. //TRUE COPY// ASS T SD/. A.V.S.PRASAD T REGISTRAR To, CTION OFFICER ' I[:g'ifH:[ff ::tiyr[?:Bn ue ( Res iskatio ns a nd sta m ps) secreta riat, rhe ','J:ril'J'i?1,",i",fi?'ff ;iilgxf,igf lrr;ii;;^onsaraKaranViuase t.="H:uri%%'dtqj: Ransa Reddv District Prashanthi Nasar tDA Kukatpa,y ..' I 1

4. The Sub-Registrar, AnjaiahNagrar, Gac 500081 Serilingampally 1-601301761134, 1-601301771134, hibowli, Hyderabad, Ranga Reddy District, Telangana - I I

5. One CC to Sri Srikanth Sutari, Advocate [OPUC] 6. Two CCs to GP for Stamps And Registration, High Court for the State of Telangana, at Hyderabad [OUTI Two CD Copies 7 TJ GJP \ HIGH COURT DATED:10102t2025 I t ORDER WP.No.37B1 of 2OZs ALLOWING THE WRIT PETITION WITHOUT COSTS ,/1/z // ,1<' ( q J o 1 \l e S r^Te Q; 11 ttB 2u5 t OESpAIC v ,r I I