✦ High Court of India · 13 Mar 2025

Y. Subhadra v. '1 . The Sub -Registrar

Case Details High Court of India · 13 Mar 2025
Court
High Court of India
Decided
13 Mar 2025
Bench
Not available
Length
1,257 words

Petition Under Article 226 ot 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 or direction more particularly one in the Nature of Writ of Mandamus declaring the action of the 1st respondent in refusing to register the sale deed, vide intimation of refusal No.3712024 dt.23-04-2024 and order passed by the 2nd respondent in the appeal no. 3 of 2025, dt.23-01-2025 which confirms the order of the 1st respondent, presented by the petitioner in respect of property House bearing No. 41-284 admeasuring 100 sq. yards, or 83.67 sq. mts. with plinth area of 400 sq.feet of RCC in Sy. NO. 348/1 , in block No. 41 situated at Sanjaypuri, Jagathgirigutta, Quthbullapur Village, Quthbullapur ltrlandal and Circle under GHt\/C limits, Vledchal-Malkajgiri district, Hyderabad basing on prohibitory list under section 2i'A of Registration Act as per the 1) Ranga Reddy District Gazette Notification R R No 83 communicated by Joint Collector Ranga Reddy vide Fite No E5/4'73r)/ 2013/Quthbullapur dated 2510s12o13 2) Depuiy collector and Tahasildar Quthtrullapur Mandal File No 8/583/2012 dated 1710212012 and 3) Gazette Notificatic n No 134 dated '10/03/2005 and G O Ms No 296 Revenue Registration lgth lVarch 2005 communicated by Commissioner and lnspector General R and S Hyderabad vide File No G1/4661/2005 Dl 02lO'.712005 is illegal arbitrary in violation of Articles 14, 21 and 3004 of Constitution of lndia and also in violation of Regislration Act 1908 besides in violation of Principles of Natural Justice and consequently direct the respondent no t herein to receive and register the sale deed presented by the petitioner in respect of the' House bearing No. 41-284 admeasuring 100 sq. yards, or 83.67 sq. mts. with plinth area of 400 sq.feet of RCC in Sy. NO. 348/1 , in block No. 41 situated at Sanjaypuri, Jagathg irig utta, Quthbullapur Village, Quthbullapur [Vlandal and Circle under G HMC limits, Med :hal- Irtlalkajgiri district, Hyderabad. |.A.NO:1 OF 2025 Petition Uncler Section '1 51 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may' be pleased to direct the respondent no.1 to receive and register the sale deed presented by the petitioner in respect of the property house bearing Municipial No. 41-284, admeasuring '100 sq. yards, or 83-67 sq. mts. with plinth area of 400 sq.feet of RCC in Sy. No.3,18 1, in block No. 41 situated at Sanjaypuri, Jagathgirigutta, Quthbullapur Villzrge, Quthbullapur [t/andal and Circle under GHTVC limits, Medchal- Malkajgi.i District, pending disposal of the above writ petition. Counsel for the Petitioner : SRI BUJJIBABU DAVULURI Counsel for the Respondent Nos.1 to 5 : AGP FOR REVENUE Counsel for the Respondent No.6 : -- The Court made the following ORDER i i I i I I I THE HONOURABLE SRI JUSTICE K'SARATH WRIT PETITION No.7718 of2025 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the resPondents'

2. Learned counsel for the petitioner submits that the peti.tioner questioning the impugned memo in Intimation of Relusal No.37 l2O2a, dated 23'04'2024 passed by the respondent No.1 and consequential order dated23'Ol'2025 in Appeal No'O3 of 2025 passed by the respondent No'2 and rejecting the sale deed presented by the petitioner in respect of the petitioner's property in House bearing No'4 1- 284 adrneasuring to an extent of 1OO Sq' Yards or 83'67 Sq. Meters with plinth area of 4OO Sq' Feet of RCC in Sy.No.348/ 1, in block No'41 situated at Sanjaypuri' Jagathgiriguntta, Quthbullapur Village' Quthbullapur Mandal and Circie under GHMC lirnits' Medchal-Malkajgiri District, HYderabad' I 2 .sI(. . / tr/P 77lB 2025

3. Learned counsel for the petitioner further submits that the Irtimation of Refusal order dated 23.04.2024 issued by the respondents are basing on the prohibited propert]' lLst under Section 22-A of Registration Act as per the Ranga Reddy District Gazette notification R.R.No.S3 communic,at ed by Joint Collector Ranga Redd.y uide Frle No.E5/47:3Ct /2Ol3lQulhbullapur/Quthbullapur, dated

25.09.2013 and also Deputy Collector and Tahasildar Quthbullaprrr Mandal File No.B/5a3 l2012, dated

17.02.2012. The said proceedings are setting aside by this Court uide Common Order dated 22.O3.2024 in W.P.Nos.96zt5 of 2027 and 26353 of 2023.ln spite of order of this Couri, the respondents once again passe<1 impugned order, the le arned counsel requested this Court to allow the rr"'rit petitiorL by setting aside the impugned order dated

23.04.202+ passed by the respondent No.1 arld consequel-tie1 order in Appeal No.O3 of 2025 passed by the respondent l\o.2.

4. Learrre,l Assistant Government pleader 1br Stamps and Registrrttion not disputed the Common C.rrder dated I 3 SK, J wP 7718 2025

22.03.2024 in W.P.Nos.9645 of 2021 and 26353 of 2023 passed by this Court and requested to pass appropriate orders

5. After hearing both sides and by follciwing the Common Order dated 22.03.2024 in W.P.Nos.9645 of 2O2l and 26353 of 2023, this Court deems it appropriate to a-llow the Writ Petition by setting aside the Intimation of Refusal No.37 12024, dated 23.04.2024 passed by the respondent No.l and also consequentia-l order dated 23.01.2025 in Appeal No.3 of 2025 passed by the respondent No.2 ald fi-rrther directed the respondents to receive and register the ( sale deed presented by the petitioner in respect of suit schedule propert5r.

6. Accordingly, this Writ Petition is allowed. 7 . It is made clear that mere registration of the document does not confer title on the subject property and it is also made clear that this order would not have any bearing on all those matters where title/rights of the parties pending before the authorities either in revision/appeals for 4 SK, J rvP 7718 2025 adjudication and in aly other case this order also does not preclude r,h,: parties 1n asserting their rightrs before a competent Court of law. There shall be no order as to costs. B. Miscell,lr eous Petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/- T.JAYASREE ETUTY REGISTRAR ,P \- _-_ ECTION OFFICER ,,1 $ - To

1. The Sub -Rr-.gistrar, Quthbullapur, Suraram X Roads, Medchal-Malkajgiri District - 5000,17.

2. The District Registrar, Stamps and Registration, ft/edchal- It/alkaigiri District at Medchal.

3. The Tashsilda", Quthbullapur lvlandal, Medchal- Malkajgiri District. 4. The Collector, [t/edchal- tvlalkajgiri District. 5. The Principal l;ecretary, (Revenue), Secretariat, Hyderabad- 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at \ Hyderabad. [CtUT]

7. One CC to SRI BUJJIBABU DAVULURI, Advocate [OPUC] 8. Two CD Copies SA v ===: tr\'- S't ^r/€ +1J + l 'j I I APF 2[25 , o { rI:: n/.' I : HIGH COURT DATED:1310312025 ORDER WP.No.7718 of 2025 ALLOWING THE W.P WITHOUT COSTS. {

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