Vummenthala Samatha v. The State of Telangana
Case Details
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Petition; under. Arlicle 226 of the 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 order or direction more particularly one in the nature of WRIT OF MANDAMUS, to declare the impugned letter dated 30-09-2024 issued by the Respondent No.3 to the Respondent No.4 to stop the Registration proceedings of the property vide Registration document vide Doc.No 171112024 of Flat No 40'1 in fourth floor of "SINDHU NEONATE" admeasuring of 49.70 Sq. Yards or 41.55 Sq. Mtrs in premises bearing H.No 13-17-80 and 13-17-81 in Plot No 3/Part in Sy.No 58, situated at Road No.4, Gaddiannaram (V), Saroor Nagar (M), Ranga Reddy Dist. purchased on the name of the Petitioner is illegal, arbitrary and u nconstitutional, consequently to set aside the letter dated 30-09.2024 and thereby directing the Respondent No.4 to entertain the execution of the registration document by deleting the property from the Prohibition list. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that.in the c rcumstances stated in the affidavit filed in support of the petition, the High Courl may be pleased to direct the-Respondent No 4, entertain and execution the registered documents in respect of the schedule of property on the basis of Registered document vide Document No.171112024. Dl 3010312024 pending final disposal of the main Writ Petition. Counsel for the Petitioner: SRI S.VIJAYA PRASHANTH Counsel for the Respondent No.1 & 4: AGP FOR STAMPS & REGISTRATION Counsel for the Respondent No.2 & 3: GP FOR HOME The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH IVRIT PETITION No.73O2 of 2O25 ORDER: Hezrrd learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents- With their consent, this writ petition is disposed of at the stage of admission. 2 Learned counsel for the petitioner submits that this writ petition is filed by the petitioner questioning the impugned letter dated 30.09.2024 issued by the respondent No.3 to the respondent No.4 to stop the registration proceedings of the property uide Registration Document No.171112024, dated 3O.O3.2O24 of Flat No.4O1 in fourth floor of "Sindhu Neonate" admeasuring to an extent of 49.70 Square yards or 41.55 Squarc mcters in premises bearing I{.No.13-17-80 and 13-17-Bl in Plot No.3/Part 1n Sy.No.58, situated at Road No.4, Gaddiannaram lrtxtt&*.' . iattt&intl a"t xlttt&i .1 .> sx, J W.l,.No.7302 of 2O2S Village, Saloor Nagar Mandal, Ranga Reddy District purchasecl on the name of the petitioner eLnrl requested to direct r he respondent No.4 to entertair,. the execution of the registratior.r document by deleting the property from thc Prohibition List
3. On the other hand, the Assistalt Government Pleader for. Stamps and Registration has produced the uryitten instt'uctions issued by the respondent N6.4 in Letter No.75lSRO/SRN/2025, dated tO.Oi3.2O25 along vvith the lcttcr ol the respondent No.4 ad<lressed to the respondent No 3 in Letter No.74/SRC, /SAR/2025, dated 07.O3.2025 and informed that the respondent No.3 that they will not honor the ,.etter dated 3O.O9.2O21 in vie'"v of the orders passed by this Court in W.P.No.BB63 of 2OO9, dated Og.1 t.2024 and submitted that the petitioner had not_ presented document before the respondent No.4. If rhe petitioner presents docurnent for registration with pr.oper stamp duties ancl duly executed all the papers of the I 3 sK, J W.P.No.73O2 of 2O25 petitioner, the same will be registered in accordance with law. 4 In view of the above made'Submissions made by both sides, this writ petition is disposed of directing the Registering No.4 to register and release the subject document No.171 | /2024, dated 30.03.2024, subject to the petitioner complying with the provisions of the Act, 19OB as well as the Indian Stamp Act, 1899 within four I I (4) weeks from the date of receipt of copy of this order. It will be open to the Registering Authority to refuse the clocument presented before him, if he has ar-ry objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner.. It is made ciear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioner to get the subject document registered. There shall be no order as to costs. _*-.1 4 sr(, J W.P.No.73O2 oJ 2025 5 Miscellaneous Petitions, if any, pe:nding in this writ petition shal1 stand closed' SD/,. P. PADMANABHA RE DY DE:PUTY REGIS R //TRUE COPY// SECTION FlCER To, .3. \ \ 1
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7. The Secretary. Stamps and Registration _Department, S,:cretariat, Secretariat Building, Tank Bund, Hyderabad, State of Telangana. The Commissioner of Police, Basheerbagh, Hyderabad The lnspector of Police. Special Zonal Crime Team, C;entral Crime Station (CCS), Detective Department (DD), Basheerbagh, Hyder,abad. The Sub-Registrar, Saroornagar Mandal, Ranga Reddy District One CC to SRI S.VIJAYA PRASHANTH, Advocate [OPIJC] Two CCs to GP FOR STAIVIPS AND REGISTRATION, High Court for the State of Telangana at Hyddrebad [OUT] Two CCs to GP FOR HOME, High Cou( for the State of Telangana at Hyderabad [OUT] B. BSR GJP Two CD Copies 6 HIGH COURT DATED:2410312025 5 ,_r t ( t r hE s, r^, i:.- 'o^\. ) 1-' v z a I a' 11 APr 206 a t serc uti! * ORDER WP.No.7302 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS tgq'u tr^\-- I