High Court · 2025
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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) [ 3302 ] THURSDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENry FVE PRESENT THE HONOURABLE SRI JUST]CE K. SARATH wRlT PETITION NO:4192 OF 2024 Between:
1. Smt. KAHALYA, Wo P. Raghu Mohan Reddy, aged about 72 years, Occupation. Housewife, R/o ti.No. No.36-102/A, Fiat No.405, Janapriya Grandeur, Street No.18, Beside BEML Office, Himayathnagar, Hyderdba-d, Telangana - 500029.
2. P.Raghu Mohan Reddy, S/o P.Ram Chandra Reddy, aged about 73 Years, Occupation Retired, R/o H.No. No.36-102/A, Flat- No.a05, Janapriya Grandeur, Street No.18, Beside BEML Off,rce, Himayathnagar, Hyderabad, Telangana - 500029 ...PETITIONERS AND 1 2 3 State of Telangana, Rep. by its Principal Secretary, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad. The District Registrar, Registration and Stamps, Ranga Reddy District. The Joint Sub-Registrars I and ll, Stamps and Registration RO, OB., Ranga Reddy District 4 The Distnct Collector, Ranga Reddy District at Hyderabad. ...RESPONDENTS Petrtion under Article 226 oI 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 3rd respondent in not receiving, registering and releasing the Sale Deed submitted by the petitioners in respect of Plot No 4 admeasuring 668.90 Sq.mtrs or 800 Sq.yds and Plot 5 admeasurrng 668.90 Sq.mtrs or 800 Sq.yds in Janapriya West City (PHASE- l) in Survey No 44 (part), srtuated at Maktha Mahaboobpet, Serilingampally Mandal, R.R.Dist as illegal, arbitrary, contrary to law, violative of ttre provisions of the Registration Act, 1908, discriminatory, u nconstitutiona I and in violation of Articles '14 and 300-A of the constitution of lndia and consequenuy set asid€ the Notification dated 26.09.2013 of the 4th respondent by directing the 3rd r lespondent to receive, register and release the sare Deed document presen:( d by the petitioner in respect of the aforesaid property, without reference to th,, notification of the 4th respondent dated 26.09.2013 and without insistin g for z ty clearance from the Revenue Authorities. lA NO: I oF 2024 Petition under Section 151 cpc praying that in the r ircumstances stated in the affidavit filed in support of the petition, the High c, rrt may be preased to direct the 3rd respondent to receive, register and r I ease the Sale Deed submifted by the petitioners in respect of prot No.4 adm.i suring 66g.90 sq.mtrs or 800 sq.yds and Prot 5 admeasuring 668 90 sq.mtrs or 3 )0 sq.yds in Janapriya West City (PHASE- t) in Survey No 44 (part), situated ar Maktha Mahaboobpet. serilingampaily Mandar, R.R Dist, without referencr: to the notification No.E5r473312013r Seriringampaily/ t\iraktha Mahabor>rpet Viflage, dated 26 09.2013 of the 4th respondent without insisting for zrr y crearance from the Revenue Authorities, pending disposal of the above Writ p€ .ition. Counsel for the Petitioner : SRI SRIKANTH KAVETI Counsel for the Respondents: SMT.S.SRAVANTHI, . ASST.GP FOR STAMPS AND RE(; STRATION The Court made the following: OROER * i * f , f , * ( f * * t .,^ .) THE HONOURABLE SRI JuSTICE K.SARATH WRIT PEf,ITION No.4192 of 2o24 ORDER: Heard Sri Srikanth Kaveti, Learned counsel for the petitioners and Smt S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration for the respondents ald perused the entire material on record.
2. Learned counsel for the petitioners submits that the petitioners questioning the action of the respondent No.3 in not receiving,, registering and releasing the SaIe Deed respect of Plot No.4 submitted by the petitioners 1n admeasuring 800 Sq. Yards and Plot No.S admeasuring 8OO Sq. Yards in Janapriya West City (PHASE- I) No.44(part), situated at Maktha Mahaboobpet, ln Survey Serilingampa-lly Mandal, R.R.Dist as illegal and arbitrary and consequently set-aside the Notifrcation dated
26.09.2013 issued by the respondent No.4 and direct the respondent No.3 to receive, register and release the SaIe Deed document presented by the petitioners in respect of the subject property, without reference to the notihcation 2 ,lated 26.09.2013 and without insisting for my clearance from the Revenue Authorities.
3. Learned counsel for the petitioners furt rer submits that at the time of admission, this Ccurt p'r;sed interim order on 20.O2.2O24 and directed tli< Registering Authority to receive and register the subj'r :t document presented by the petitioners in respect of the subject property without reference to the Notif r ation dated
26.09.2019. In spite of the interim ordcr p 'ssed by this Court on 2O.O2.2O24, the petitioners not J resented the clocument before the Registcring Authoritt Therea-fter, ilre respondent authorities issued anoth(' Notification dated 03.1O.2024. In view of the same, cit r;c in the writ petition does not survive and requested to 11 ant liberty to the petitioners to file a fresh writ petition to challenge the Notification dated 03.10 .2024.
4. Recording the aforementioned subrri;sion, this Writ Petition is closed granting liberty to thc : :titioners to file freshwritpetitiontochallerrgetheN<tificationdated 03.1O.2024. However, there shall be no or<l rr as to costs' 3 ( Miscellaneous petitions, if any, pending in this Writ Petition shall stand closed. //TRUE COPY// SD/-A. SRINIVASA ASSISTANT R DY STRAR ECTION OFFICER To,
1. Tte Principal Secretary, Revenue (Stamos and Reoi State of Telangana, Secretariat, Hydera5ad. on) Department,
2. The District Registrar, Registration and Stamps, Ranga Reddy District. 3. The Joint Sub-Reoistrars I and ll, Stamps and Registration RO, OB., Ranga Reddy District.
4. The District Collector, Ranga Reddy District at Hyderabad. 5. One CC to SRI SRTKANTH KAVET|, Advocate. tOpUCl 6 lwo ccs to Gp FoR sTAMps AND REG|STRAT|ON, Hrgh Court for the State of Telangana. [OUT]
7. Two CD Copies. BSK BS I* f * $ 6 f* HIGH COURT DATED:07tilBtZOzS I * b ORDER l* WP.No.4192 of 2024 .\t I TA5 i) 1' I N \J? B i :l trAT DISPOSING OF THE WRIT PETITION WITHOUT COSTS t () J €