✦ High Court of India · 20 Mar 2025

High Court · 2025

Case Details High Court of India · 20 Mar 2025
Court
High Court of India
Decided
20 Mar 2025
Bench
Not available
Length
1,605 words

Petition under Articte 226 of the Consritution of tndia ,r.iffil3i',ft;: circum*'n6ss stated in the affidavit fired therewith, the High court may be preased to issue writ, order or direction more particurarry one in the nature of writ of Mandamus decraring the action of the 2nd respondent i.e., The sub Registrar, shamshabad, Ranga Reddy District, in refusing to receive and register the Sare Deed in respect of a[ that the House bearing No.3-295/A/2, pflN No..r 199131087, admeasuring 1725 Sq.yards., having plinth area admeasuring 200 Sq.Feet., covered by A.c.c.' in sy Nos.219l1 tA1 and 22ot1rA1, situated at chinna Gofipaily Village (Gollapally Khurd), shamshabad Municiparity, shamshabad Mandar, Ranga Reddy Dishict, on the ground that the survey numbers where the petitioner s property is situated are notified under as prohibited property under section 22-A of Registration Act, 1. As per the prohibitory watch register of this office, tha above sy.Nos.219 and 22o, are covered under the prohibition Register Under section 22 (A) of Registration Act, 1908, vide Notified Gazzette No.G.o.Ms.No.786 dated 0911111999,2. As per the Tahsildhar Notification of Government Lands, the above Sy.Nos.219 and 22O, are classified as patta acquired by Government , communicated by the Tahsirdhar, shamshabad, vide Lr. No.B/230/2012 dated Ogl13l2012 (c rpies; enclosed) and 3. As per the District Collector, Ranga Reddy District, Notifir;ation, the above Sy.Nos.219l1 and Z2Ol.l were not:ified as Kharrij Khata Under tieclion 22- A (1) (a), vide Lr.No.ES/4985/2013/shan shabad/chinna Gollapally dak>d 2610912o1 3 (copies enclosed), is illegal, arbitrary, in violation of Articles 14, 2 'l and 300-4 of Constitution of lndia and also in violation of Registration Act, 1908, besides in violation of Principles of Natu"al Justice and consequently Jirecl the 2nd respondent herein to receive and register the Sale Deed in respe(l of all that the House bearing No.3-295/A/2, pTlN No.1199131087, admeasuring 1725 Sq.Yards., having plinth area admeasuring 200 Sq.Feet., Covered by A. ).C., in Sy.Nos.219l1/A1 and 22Ot1tA1, situated at Chinna Gollpally Village (Gollap ally l(hurd), Shamshabad Municipality, Shamshabad lMandal, Ranga Reddy District, withcut reference of. 1. As per the prohibitory watch register of this office, tha abo're Sv.Nos.219 and 22O, are covered under the prohibition Register Under Sectiorr 22 (A) ot Registration Act, 1908, vide Notified Gazzette No.G.O.Ms.No 786 dated 09-1 1-1999, 2. As per the Tahsildhar Notification of Government Lands, the above Sy.Nos.219 and 220, are classified as patta acquired by G':vernment , communicated by the Tahsildhar, Sharnshabad, vide Lr.No.B/230/2012 dated oglo3l2o12 (copies enclosed) and 3. As per the District Collector, Rangra R,:ddy District, Notification, the above Sy.Nos.2 i911 and 22011 were notified as Kharrij Khata Under Section 22- A (l )(a), vide Lr.No.E5/4985/l0l3tShamshabad/chinna Goilapally dated 26109i2ol3 (copies enclosed) lA NO: I OF 20.25 Petition trndel section 151 cPC praying that in the circumstances stated in the affidavit file(l in support of the petition, the High court may be plerased to direct the respondent No.2 herein to receive and register the Sale Deed in respect of all that the House bea"ing No.3-29SlN2, pTlN No.1199.131097, admeras uring 1725 Sq.Yards., havi rg p inth area admeasuring 200 Sq.Feet., Covered by A.C.C., in sy.Nos.219/1/A I and 22ol1tA1, situated at chinna Goilpaily Viilalye (Goilapally Khurd), shamslraba,J Municiparity, shamshabad Mandar, Ranga Reddy District, without referen(e of , 1. As per the prohibitory watch register of this office, tha above Sy.Nos.219 end 22o, are covered under the prohibition Rr:gister Under Section 22 (A) of Rel)istration Act, 1908, vide Notified Gazzette No.G o.Ms.No.7g6 dated0g/'11llggg,2.Asperthe.TahsildharNotificationofGovernmentLands'the above. Sy.Nos.2 19 and 22o, are classified as "Patta acquired by Government'' communicated by the Tahsildhar, Shamshabad' vide Lr'No 8/230/20'12 dated oglo3l2o12(copies enclosed) and 3. As per the District collector, Ranga Reddy District,Notification'theaboveSyNos2lg/land220llwerenotifiedasKharrii KhataUnderSection22-A(1Xa)'videLr.No.E5/4985/2013/Shamshabad/Chinna Gollapally daled 2610912013 (copies enclosed)' pending disposal of the above writ petition Counsel for the Petitioner: SRI KATIKA RAVINDER REDDY Gounsel for Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.6731 of 2025 ORDER: This Writ Petition is hled under Article 226 of t}:re Constitutio;r ol India, seeking the following relief: ".. . ro iss re V/rit, Order or direction more particularlg on.e tn the natu'e <y'Writ of Mandamus declaring the action o.l'the 2nd responcle.nt i.e., The Sub Registrar, Shomshabad, Rctnga Reddy Listri':| in. refusing to receiue and register the Sale Deed in 'eslt,zct of all that the House beaing No.3-295/ \/ 2, PTIN No. 1 1 tt9 1 3 I O87, odmeasuring 1 72 5 Sq.Yards., Lro.uing plinth nrea odmeasuing 200 Sq.Feet., Couered by A.C.(.'., in SA.Nos 2191 ,t/A1 and 22O/ 1/A1, situated ot Chtnna Gollpallg \rillage (Gollapallg Khurd), Shcnnshabad Municipa[ity Shamshabad Mandal, Ranga Reddy Distrlc,:., on the grouttd lhat the surueg numbers u,there the Petitioner s propeftU is situated are notifted under as prohibi.tecl propertA under se.ction 22-A of Registration Act, 1. As per the prohibitoty ltatch register of this offtce, tha altoue Sy.Nos.2l9 ,tnd 22O, are couered- under the Prohibition Register 'Jnder Section 22 (A) of Registration Ac; 1908, uide Notified ,jazz:ette No.G.O.Ms.No.786 dated 09/ t 1/ 1991 , 2. As per tt,e 'I'c'.hsildhor Notification of Gouernment Lands, the aboue Sg.Nos.219 and 22O, are classif.ed as Patta acquired, by Gc;u ernntent, utmmunicoted by the Tahsild.4ar, Shnmslnbanl uide Lr.No.B/ 23O/ 2012 dated 09/03/20j2 (copies etrclosed) ond 3. As per the District Collector, Ra.nga lReddg Distict, Notification, the aboue Sy.Nos.219/ 1 tnd lp2o/ 1 utL:re notified as Kharrij Khata Llnd,er Section 22 tt (1) 2 .sl(, J VP_67s t _2025 (a), uide Lr. No.ES/ 4985/ 20 j 3/ Shamshabod/ Chinna Gollapallg doted 26/O9/2013 (copies enclosed), is iilegal, arbttrary, in uiolation of Arlicles 14, 21 and 3OO-A of Constitution of India and olso in uiolation of Registration Act, 19O8, besides in uiolation of Principles of Natural Justice and. consequentlg direct the 2nd respondent herein to receiue and register the Sale Deed in respect of all that the House bearing No.3-295/A/2, PTIN No.1199131O87, admeosuing 1225 Sq.Yards., hauing plinth area admeasuring 2OO Sq.Feet., Couered bg A.C.C., in Sg.Nos.219/ 1/A1 and 22O/ l/Aj, situated at Chinna Gollpallg Village (Gollapallg Ktrurd), Shnmshabad Municipality, Shamshobad Mandal, Ranga Reddg Distict, uithout reference of. 1. As per the prohibitoiy u.tatch register of this office, tha aboue Sg.Nos.219 and 22O, are couered under tLrc Prohibition Register Under Section 22 (A) of Registration Act, 1908, uide Notified Gazzette No.G.O.Ms.No.786 dated O9-11 1999, 2. As per the Tatsildhar Notijlcation of Gouernment Lands, the aboue Sg.Nos.219 ond 22O, are classified as Patta acquired bg Gouernment, communicated bg the Tohsildhar, Sham,shabad, uide Lr.No.B/ 23O/ 2012 dated O9/O3/2O12 (copies enclosed) and 3. As per the District Collector, Ranga Reddg District, Notifi.cotion, the aboue Sg.Nos.219/ 1 and 22O/ 1 u)ere notified as Kharrij Khata Under Section 22- A (1)(a), uide Lr.No.ES/ 4985/ 2013/ Shamshabad/ Chinna Gollapallg dated 26/ 09/ 2O 1 3 (copies enclosed)... "

2. Heard learned counsel appearing for the petitioner, learned Assistant Government Pleader for the Stamps and Registration appearing for the respondents. I 3 s1('J Il'P 673 t -9025 Learned cc'|lrnsel appearing for the petitioner r'r'ould

3. submit that irL sinilar matters of the same village ' Court passed ()rders in WP No'4816 of 2O2-c' rlated 1g.O2.2O25 a:rd requested to Pass simiiar order in this matter also 4. The learned Assistant Government Pleader for Stamps and Registration did not dispute the subrrission made by the iearned counsel for the petitioner wi'th legard to disposal cf \\''P No'4816 of 2025 and further sr'tbmits that if the pe[iticner presents sa-le deed by paying suificient stamp duty, tht: registering authority will take appropriate t I decisionandre<luestedtopassappropriateorders. In vierv ol'the submissions made by the both sides 5. and by follru'urg the Ord'ers passed by this Ccurt in W.P.No.481( ' o1'2025, dated 19'02'2025 this writ petition is disposed of. JI the petitioner presents the document for t I 4 -\ sK, J ttrlP 6rci 2025 registration, the respondents are directed to receive the same and follow the directions issued in Vinjamuri Rajagopala Chary and others Vs., State of Andhra Pradesh and othersr and also consider the order dated

22.03.2024 passed by this Court in WP Nos.9645 of 2O2l and 26353 of 2023, for arriving at a conclusion and thereafter pass appropriate proceedings in accordance with law, within four (4) weeks from the date of receipt of the document filed by the petitioner. The said proceedings shall be communicated to the petitioner.

6. Miscellaneous petitions, if any, pending shall stand closed. No order as to costs. t 2D$ ca)A Ur s6o(to) //TRUE COPY// Sd/- S. MALLIKARJU RAO ASSISTANT REG TRAR SECTION FFICER Secretariat, Hyderabad. 1 . The Principal Secretary (Stamps and Registration), State of Telangana, 2. The Sub RegiStrar,, Shamshabad, Ranga Reddy Districl- 3. The Collector, Ranga Reddy District. 4. The Tahasildir,, Sliamshabad Mandal, Ranga Reddy District. 5. One CC to Sri Katika Ravinder Reddv Advocate [OPUCI 6. Two CCs to GP For Stamps And Relistration ,Hlgh Court for the State of 7. Two CD Copies Telangana. [OUT] To, MBC 6 HIGH COURT SK,J DATED: 2010312025 e .? () ' \ .:, '/ t' .4=. 1-,\( ;FiE s74 /4: 0;, APit 2025 $( ? o a ORDER WP.No.6731 of 2025 DISPOSING OF WRIT PETITION WITHOUT COSTS @on" W

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