High Court · 2025
Case Details
Acts & Sections
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 an appropriate Writ or Order or Direction, more particularly in the nature of a Writ of Certiorari A. To declare the impugned entry in the official website www. registrartion. telangana.gov. in, of the Registration and Stamp Department of the Government of Telangana pertaining to Medchal-Malkajgiri District reflecting the residential plots of the appr.oved layout Table County' developed within Sy.Nos.B24 to 829,831 and 833, under the list of 'Prohibited Properties' based on the Letter dated 12.06.2024 under Section.54(hf) from the Respondent No.5 the Joint Director of ED to the Respondent No.3 Sub-Registrar, as void, illegal, perverse and ultra vires, for the reason that (i) The communication dated 12.06.2024 from the Respondent No.5 ED as Ref. (1) and enclosed in the impugned communication dated 31 .01 .2025, according to raw cannot be interpreted to give cause to the Respondent No.3 Sub-Registrar to unauthor:isedry prace the properties within which the schedure property exists, under those crasses of documents that are notified as ,prohibited properties, under Section 22-A of The Registration Act, i90g (ii) The inquiry by the Respondent No.5 the Joint Director of the Enforcement Directorate with the Respondent No.3 'Sub-Regrstrar under section.54(hf) of the pMLA Act 2002, is only to seek 'assistance, in the ,investig ation,, hence cannot in any manner treated as a directron to categorise the notified properties under the prohibited list B Consequentiary, to quash the impugned crassification under ,prohibited List' by the Respondent No.3 sub-Registrar for having been pubrished without any authority as prescribed under section.22-A of rhe Regrstration Act. .lg0g IANO:1O F 2025 Petition under Section 151 CpC praying that in the circumstances stated in the affidavit filed n support of the petition, the High Court may be pleased to direct the Respondent No.3 Sub-Registrar to produce the comprete record of the registrations in Sy No.g24 to 829, g31 and 833 to selected few, which were craimed to be barred in view of the retter dated 12.o6.2024 from the Respondent No 5 Joint Director of the Enforcement Directorate. and to share a copy of the same with the petitioner IA NO: 2 0F 2025 Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to. A) suspend the operation of the impugned entry in the officiar website www registrartion.terangana.gov.in, of the 'Registration and stamp Department of the Respondent No 1 Government of rerangana, pertaining to Medchar- tMalkajgiri District categorising the residentiar prots of the approved rayout ,Fabre county' deveroped withrn sy Nos.B24 ro B2g, 831 and g33 under the rist of Prohibited properties' by the Respondent No.3 sub-Registrar, which is nothing but a clear outreach of power by the Respondent No.3 Sub-Registrar, without any statutory order as required under the provision of Section.22-A of the Registration Act, '1 908 lA NO: 3 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 dispense with the filing of the Original / Certified copy of the impugned entry in the official website www reg istra rtion. tela nga na. gov.i 11 of the Registration and Stamp Department of the Government of Telangana pertaining to Medchal- Malkajgiri District reflecting the residential plots of the approved layout,Fable County' developed within Sy.Nos.824 to 829, 831 and 833, under the list of 'Prohibited Properties' based on the Letter dated 12.06.2024 vide F.No.EClR/HYZOI 131202211873 from the Respondent No.2 Joint Director of ED to the Respondent No.2 Sub-Registrar, as void, illegal, perverse and ultra vires Counsel for the Petitioner: SRl. VENKATESWARLU VANGALLI Counsel for the Respondent No.1: cP FOR GENERAL ADMINISTRATION Counsel for the Respondent Nos.2to4: AGP FOR REVENUE Counsel for the Respondent No.5: SRI V.T. KALYAN counsel for the Respondent No.7: SRI GADI PRAVEEN KUMAR, Counsel for the Respondent No.6: - The Court made the following: ORDER DY. SOLICITOR GENERAL OF INDIA THE HONOURABLE SRI JUSTICE K.SARATH ORDER W.P.No.7239 of 202s This rvrit petirion is filed seeking the follou,ing reliet_ " c issLre ar.r appropriate Writ or Order or particulari\ in thc natrlre ol a Writ of Certiorari l)irection, more A. Io dccl;rr,: tl.re impugned entry in the official rvebsite rv$'rv. rcgis irat-tion. tol.rngana gov in. of the Regtstration and Stamp l)epartrne tt of Ih(] Governmer]t of Telangana pertainir.rg to Medchal_ Malkajgjri I)istrir:t rcllecting thc rcsidential plots of thc aliproved layout 'SgS, 'Fablc Co.rntr.' devcloped rr,ithin Sy.Nos.g2q to gZg,'Abl undcr th(. hst of Ilohibitcd properties bascd on the Letter dated 12.06.202.+ under.Scction.54(lrf) l'rom the Respondent No.5 the Joint Director oi EI) to thc Respondcnt No.3 Sub-Registrar, as void, illegal, pelverse ii]ld tlltr;] r,ir-cs, for thc rcason that ""0 (i) l:re comnlLrnrcation darc.l 12.06.2024 from the Ilespondent No.5 El) rs ItcL (t) and encloscd in the impugned oommunication dated 3l C 1.2025, iLcc:ording to law cannot be interpre,ed to Brvc cause to the Resllondent No.3 Sub Rcgistrar to unauthor scd11, place the propcrtics ,.vithirr u,lric:h the srlrcdule property exis s, under those ciasscs ol locLuncnls rhat ar<, notiliccl as piotriiitea l)ropcrtics under Section 22 .\ of '1'lrc Rcgistratron Act, lgOg (ii) ihe ir.rrluirr l)y rhe Ilespondent No.5 the Joir:t Dircctor ol thc Enlorcerrerit Dir.eclor.ate witlt thc Respondcnt No.ii Sub-Registrar under Seclion 54(hlJ of the pMI_A Act 2002, is only to seek assistance in thc invesrigtr[i.n, hr,'.cc cannot in anv manner tieatt:c as a direction to catcgorise thc notificd properties under the prohrbite,l list. - . ts (- onscrlL]cn trtrlly, to quash the impugned classificatron uncler ^ Prohibitcd I-ist bl. thc [lespon(lent No.3 SuL_R-egistrar for having been publisl.rcd rlithout .rnv authority as prescribcd "unrler Seciion.22_A of The Registratien Ar:1, I908,,.
2. Heard learned coullsel for the petitjoner, learned Assistant Government pleader for Revenue ard Sri |.: t I , 2 SK, J W P No.7239 of 2025 'J V.T. Kalyan, Iearned Standing Counsel for the respondent No.S-Fnforcement Directorate. With the consent of the both sides, the writ petition is disposed of at the admission
3. Learned Standing Counsel for the respondent No.5, on oral instructions, submits that the suit schedule property in the writ petition is not in the list given by the respondent No.5 letter F.No.ECIR/HYZO/t312022/1823 dated 12.06.2024 and they have no objection for registration of the document of the petitioner pertaining to the suit schedule property.
4. Learned Assistant Government Pleader for Revenue submits that if the petitioner submits a document before the registering authority, they wilt verify the same with the letter submitted by the Enforcement Directorate and receive and register the same if it is otherwise in order as per the Stamps and Registration Act.
5. In view of the submissions made by the both sides, the Writ Petition is disposed of by directing the registering authority to receive the document presented by the J SK. J W P.No 7239 of 2025 petitioner and register and release the same without relerence to the Letter F.No.ECIR/HYZO/ 1312022/ 1873 dated 12.t16.2024 issuecl by the respondenr No.5 for the suit scheclule property, if it is otherwise in order subject to compliance, of the provisions of the Indian Stamp Act, 1899 and the Registration Act, 1908. No order as to costs
6. Misc'ellaneous Applications, if any pending in this \vrit petition, shall stand closed. ,TRUE COPY// SD/.A.V.S. P DEPUTY R (, S ASAD TRAR SECTION FFICER \ To, nOministration, Telangana Secretariat,T'S', .Hyderabad
1. The Principal Secretary to Golerlmqnl Department of General z in" bo*rnissioner a rid lG. Registration and Stamps lelanoana 5 i;i; s;b R;s,strar, l/ei;har'ifl o I ]FHF [lus ozs tr4edch-al, secunderabad' + f ne O]itrict Registrar. Medchal'Malkajgrrr D-rstrict Telangana -Director Joint Drrector, Enforcement Directorale' Hyq9!a^o^49 5. The Assistant -Zonaloffice3rdFloorShakarBhawan,Basheerbagh'Hyderabad-500004, Telanoana - 501401 Offrce of Joint Director 1 1 000'1 o ih" pnni,pai Secretary, Union of lndia, Ministry of Finance' New Delhi - Z One CC to SRI VENKATESWARLU VANGALLI, Advocate toflql 8 i;; cci-to op FoR REVENUE High court for the state of Telangana, at s i,i,i-ccs 6'-op Fon 6ENERAL ADM;N1STRAT;oN ,High court for the state 10 One CC-to SRI V T. KALYAN, Advocate [OPUC] ii o;; cc tosnt GADI PRAVAEN KUMAR, DY'soLIClroR GENERAL oF of Telanqana at Hvderabad [OUT] Hyderabad [OUT] rNDrA [OPUC] 12.fwo CD Copies BM BS q,.S2 HIGH COURT DATED:0710412025 ORDER WP.No.7239 of 2025 \ I ^,s\ ,tt ST4 16 ) (( 32 2 APR 2025 t t t)8551616'r-ir:1\- DISPOSING OF THE WRIT PETITION WITHOUT COSTS ( q.,lvlau-