High Court · 2025
Case Details
TTIE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITION NO: 7526 OF 2024 Between: Smt S Suseela Kumari,.W{o S_Anjaneyulu, Aged about 51 years, Occ.housewife, R/o H.No. 1-1611, Street No.2, Grarirakdntam, -seriligapally,'Near Yellamma ferirple, Gachibowli, K V Ranga Reddy, Telangana nITD
1. ltate,.of relangana,.Rep, by its Principal secretary, Revenue (stamps and Registration) Departmeht, Secretariat, Hyderabad.
2. The District Registrar, Registration and stamps, Ranga Reddy District 3. The Joint Sub.Registrars I and ll, Stamps and Registration RO, O.B, Ranga. Reddy District.
4. The District Cotlector, Ranga Reddy District at Hyderabad ...RESPONDENTS Petition under Article 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 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 House bearing No. 5-256 (PTIN No. 1129924600) constructed on.Plot NO. 256, admeasuring an area of 164.30 sq yards, in Janapriya west city (phasg-l), with a plinth area of 651 sq feet (RCC), in Survey No.44 (part), situated at Maktha Mahaboobpet village, serilingampally Mandar and Muicipality, R.R.Dist, Telangana State, as illegal, arbitrary, contrary to law, violative of ttre provisions of the Registration Act, 1908, discriminatory, unconstitutional and in violation of Articles 14:and 300-A of the Constitution of lndia and consequently set aside the Notification dated 26.09-2013 of the 4th respondent by directing the 3rd Respondent to receive, register and release the Sale Deed document presented by the petitioner in respect of the aforesaid property, without reference to the notification of the 4th respondent dated 26.09.2013 and without insisting for any clearance from the Revenue Authorities. lA NO: I OF 2024 Petition under section 15i cPc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be pteased to direct the 3rd respondent to receive, register and release the Sale Deed submitted by the petitioners in respect of House bearing No. 5-256 (prN No. 1129924600) constructed on Ptot No. 256, admeasuring an area of 164.30 sq yards, in Janapriya west city (phase-l), with a plinth area of 651 sq feet (RCC), in survey No'44 (part), situated at Maktha Mahaboobpet village, serilingampally Mandal and Muicipatity, R.R.Dist, Telangana State. without reference to the notification No'E5/4733/2013/serilingampalty/ Maktha Mahaboobpet vilage, dated 26'09'2013 of the 4' respondent without insisting for any clearance from the Revenue Authorities, pending disposal of the above writ petition. counsel for the petitioner : sRr ANJANAYULU YADANABOYTNA C ou nse I fo r the Res po ndents : SMT. S.S-llylryTH[ ASST.GP FoR STAT,IPS AND REGISTRATION The Court made the fottowing: ORDER i *,. * *, * f + r* f + * I f I G * t * ,+ tF t * 'ri * a, * I I ,j THE HONOI'RABLI SRI JUSTICE K.SARATH ot-rrq-* Heard Sri Anjarlayulu Yadanaboyina, Learned counsel for the petitioner and Smt S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration for the respondents and pemsed the entire material on record.
2. Learned counsel for the petitioner submits that the petitioner questioning the action of the respondent No.3 in not receiving, registering and releasing the Sale Deed submitted by the petitioner in respect of House bearing No.5-256 (PTIN No.1L299246OO\ on Plot No.256, admeasuring 164.30 Sq. Yards in Janapriya West City (Phase-I) in Surve5r No.44(part) situated at Maktha Matraboobpet Village, Serilingampally Mandal and Muicipality, R. R. District.
3. Learned counsel for the petitioner further submits that at the time of admission, this Court passed interim order on 22.03.2024 and directed the Registering \ I Authority to receive and register the subject document presented by tl..e petitioner in respect of the subject propert5r without ref,erence to the Notification dated
26.09.2013. In pursua.nce to the interim order passed by this Court on 22.03.2024, the Registering Authorities have registered the subject document presented by the petitioner
4. Learned counsel for the petitioner further submits that while deaiing with the similar issue, tJris Court disposed of the W.P.No.33O9O of 2023 on 06. 12.2023 and directed the Registering Authority to receive, regrster and release the subject document(s) without reference to the District Gazette Notification, dated 26.O9.2OL3 subject to the petitioner therein complying with the provisions of the Indian Registration Act, 1908, and Indian Stamp Act, 1899. In view of the interim order passed by this Court on
22.03.2024 and no counters filed by the respondent authorities in this matter, learned counsel requested this Court to allow the writ petition. ;#,*t1"" ::i+-' ":
5. On the other hand, the learned Assistant Government Pleader for Stamps and Registration submits that after filing of the present writ petition, the respondent authorities have issued another Notification dated
03.10.2024 and requested this Court to pass appropriate orders
6. In view of submissions made on either side and taking into account of the order passed by this Court in W.P.No.33O9O of 2023 on 06. L2.2O23, the interim order passed by this Court on 22.03.2024 in W.P.No.7526 of 2024 is made absolute. Accordingly, the writ petition is disposed of. However, there shall be no order as to costs. Miscellaneous petitions, if any, pending in this Writ Petition shall stand SRlNIVASA ,/TRUE COPY/' TION OFFICER To,
1. The Principalsecretary, Revenue (Stamps and Secretariat, State of Telangana, Hyderabad. ) Department,
2. The District Registrar, Registration and Stamps, Ranga 3. The Joint Sub-Registrars I and ll, Stamps and Registration RO, O.B, Ranga District Reddy District.
4. The District Collector, Ranga Reddy District at Hyderabad 5. One CC to SRI ANJANAYULU YADANABOYINA, Advocate. [OPUC] 6. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana. [OUT] + t* ; -6 t+ t fT
7. Two CD Copies. i} BSK \ \ t HIGH COURT DATED:O7l0Bt2O2S D IDIi WP.No.7S2G of 2024 DISPOSING OF THE WRIT WITHOUT COSTS D o :ii * *, * *, * It * * * *t' * * J* * ( i t' t t, i I r : i f : i t ; i : f i ; L t' : f r I I * * -.t * ..- ,t' #, p q