High Court · 2025
Case Details
3. The Sub-Registrar, Gandipet, Ranga Reddy District. 4. The District Registrar, Ranga Reddy District. 5. Smt. Vandana Bai, Wo 9gj (,lrlrl.".q"d about 35 years, Occ: House Hold, Rl/o H.No. 18-1-29213 & 4/A, Shivaji Nagar, Uppuguda, HyderabaJ (R5 is impleaded as per C.O Dt 20.03.2025 in lA.NO.2/2025) ..,RESPONDENTS 'cJurt Petition under Article 226 of the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High may be pleased to issue any writ order or direction more particularly one in the natuie of writ of ltrlandamus decraring the inaction of the respondent No.3 in receiving, registering and releasing the sale Deed presented by the petitioners in respect of all that the piece and parcel of the Residential Flat bearing No.1 02, in .lst Floor, having carpet area of 10i6.92 Sq.Feet, totar printh area 1 '180 Sq.Feet, common area 305 sq.Feet, total built-up area 14g5 sq.Feet, along with an undivided share of land admeasuring 62.71 Sq.yards., out of a totar land extent of 1i 00 sq. Yards., and one car parking with an area of 1 12 sq.Feet, in the Residential complex known as sREE HEMADURGA LAKSHMT souDHAt\,,r, in prot Nos.4z and 48, admeasuring 600 Sq.yards and 500 Sq.yards respectively, total extent of land 1 100 sq.Yards., rocated in sector-ilr, Brock-c, in sy.Nos.236 11 and 237, situated in Alkapoor Township, puppalaguda Vilrage, Under IVranikonda t\.4unicipality, Gandipet I\4andal (New), Rajendra Nagai Mandal (Otd), Ranga Reddy District, on the basis of status euo order dated 23-12-2o>i passed in l.A.No.1 oF 2021 in c.tv.A.No.3B3 oF 202i, passed by this Hon'bre court, wherein this Hon'ble court passed Status euo order in respect of restraining the respondents therein or anyone claiming through them from changing the nature of lhe suit property in o.S No 541 of 2015 on the file of the leainel V Additional District Judge, Ranga Reddy District at L.B.Nagar, and Status euo order dated 26- 08-2021 passed in IA.No. 2S3 OF 2021 in O.S.No. 242 OF 2021, passed by the learned V Additional Drstrict and sessions Judge, Ranga Reddy District at L.B.Nagar, as illegar, arbrtrary, non-binding on petitioners and one without jurisdiction and to consequen y direct the res[ondent No.3 to receive, register and release the Sale Deed presenled by the petitioners in respect of all that-the piece and parcel of the Residentiar Frat bearing No.'r02, in 1st Fioor, havrng carpet area ol 1016.92 Sq.Feet, totat phnth area 1180 Sq.Feet, Common ,,."riO5 5q.f""t total built-up area 1485 sq.Feet, along with an undivrded share of land admeasuring 62.7'r sq-Yards., out of a totar rand extent of 1io0 sq. yards., and parking with an area of 112 Sq.Feet, in the Residentiar comprex known as 9ry 9ar SREE HEIVADURGA LAKSH|VI souDHAM, in ptot Nos.47 and 48, admeasuring 600 sq Yards and 500 sq.yards respectivery, totar extent of rand 1100 Sq.yards., located in sector-llr, Brock-c, in sy.Nos.236 l1 and 237, situated in Alkapoor Township, Puppalaguda Vi age, Under Manikonda Municiparity, Gandipet lVrandal (New), Rajendra Nagar Mandar (ord), Ranga Reddy District, wlthout the reference of Status Quo order dated 23-12-2021 passed in l A.No..l OF 2021 in c.M A.No.3B3 oF 2021, passed by this Hon'bie court, wherein this Hon,bre court passed status Quo order in respect of restraining the respondents therein or lnlole claiming through them from changing the nature of the suit property in o.S.No.541 of 2015 on the fire of the rearned V Additionar District Judge,' Ra'nga lg99v ?ptrtlat L.B.Nagar, and Status euo order dated 26_08-202r lasseo'in l.A.No. 253 oF 2021 in o.S.No. 242 oiF 2021, passed by the rearned v nooitionar District and Sessions Judge, Ranga Reddy Dist;ict at L.B.Nagar IA NO: 1 OF 2025 Petition under Section 151 cpc praying that in the circumstances stated in the affidavit fited in support of the petition, tne Higr' court may be pteased to direct the respondent No.3 to receive, register and rerease the SarL Deeo presenteJ by the petitioners in respect of a[ that the piece and parcer of the Residentiar Frat bearing No.102, in 1st Froor, having carpet area or 1016.92 Sq.Feet, totit ptintn area '1 180 Sq.Feet, common area 305 Sq.Feet, totar buibup ar"a r+'es sq.Feut, along with an undivided share of rand admeasuring 62.71sq.yards., out or a total land extent of 1 100 sq. yards., and one car parking with an area oi t t z sq.r"ut, in the Residentiar comprex known as 'sREt HENTADURGA LA(sHNrl souDHAM', in Plot Nos.47 and 48, admeasuring 600 Sq.yards ano sooiq.iaios respectively, total extent of land 1 100 sq.yards., located in Sector-lll, gtocr_C, in sy.Nos.236/1 and 237, situated in Arkapoor Township, pupparaguda virr"b", Urderivanikonda tvruniciparity, Gandipet Mandar (New), Rajend* tirg* rvraniar (old). Ranga Reddy District, without the reference of siatus euo oroei oateJ zs- 12-2021 passed in r.A.No.'1 oF 2021 in c.M.A.No.383 oF 2021 , pr.."J oy tni. Hon'ble court, wherein this Hon'bre court passed Status euo order in osp6"i or restraining the respondents therein or anyone craiming through trem trom changing the nature of the suit property in o.s.No.s+t of 2015 on- the file of the learned V Additional District Judge, Ranga Reddy District at L.B.Nagar, and staius Quo order dated 26-08-202.1 passed in t.A.No.2sa Of 2021 in O]S.trto. 242 OF 202'1 , passed by the rearned V Additionar District and sessions .ludge, Ranla Reddy District at L.B.Nagar, pending disposal of the above writ petition Counsel for the Petitioner: SRl. KATIKA RAVINDER REDDY Counsel for the Respondents: AGp FOR STAMpS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.8359 of 2025 ORDER: IJeard learned counsel for the petitioners and iearned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the material on record.
2. Learned counsel for the petitioners submits that this writ petition is filed by the petilioners questioning the action of the respondent No.3 in not receivirr.g, registering and rcleasing the Sale Dced presented by the petitioners in respecl. of the suit schedule property situated in Alkapoor Township, Puppalagrrda Village, llnder Ntianikonda Municipality, Gandipet i\4anda1 (New), Rajendra Nagar Mandal (Old), Ralga Reddy District
3. Learned counscl appearing for the petitioners further submits thert in similar matter of the same village, this Court passed Orders in W.P.No.34Ol8 of 2024, dated O4.I2.2O24 and requested to pass similar order in this mattcr also. sr, J w.P.No.8359 of 2O25
4. The learned Assistant Govetnment Pleader for Stamps and Registration on instructions submits that a number of suits are pending with regard to the suit schedule property. Moreover, the petitioners have not presented documents before the Registering Authorities. If the petitioners presents the documents, the Registering Authorities wili pass appropriate orders in accordance with law. In view of the submissions made by the boti-r sides
5. and by foilowing the Orders passed by this Court in W.P.No.34O 18 of 2024, dated 04. 12.2024, this writ petition is disposed of, with a liberty to petitioners to make representation/application submitting all their grievances, within a period of two (02) weeks from the date of receipt ol copy of this order and on such representation/ application, the respondent authorities are directed to dispose of the same by following the guidelines issued in the circular Memo No.G3 1912212024, dated 12-Oa.2O24 and pass appropriate orders strictly in accordance with 1aw and in terms of the guidelines issued in Viniamuri Raiagopla sx, J W.P.No.8359 of 2O25 Charg Vs. State of Andhra Prqdeshl and in W.P.No.28SOO of 2OO7 & Bqtch, dated 79.70.2O23, as expeditiousiy as possible, preferably, within a period of two (02) weeks from the date of receipt of a copy of petitioners' re presentation/ application. However, there sha-ll be no order as to costs.
6. Miscellaneous applications pending, if any, in this writ petition sha-l1 stand closed.
7. Registry is directed to anrrex copy of the common order inW.P.No.34OlB of 2024. datcd 04.12.2024. //TRUE COPYi/ SDi. T. TIRUMALA DEVI STANT REGISTRAR SECTION OFFICER 'l To, '1 . The Principal Secretary Revenue (Stamps and Registration), Secretariat, Hyderabad.
2. The Commissioner and lnspector General of Registration and Stamps, Telangana, Hyderabad.
3. The Sub-Registrar, Gandipet, Ranga Reddy District. 4. The District Registrar, Ranga Reddy District. 5. One CC to SRl. KATIKA RAVINDER REDDY Advocate [OPUC] 6. Two CCs to GP FOR STAMPS AND REGISTRATION ,High Court forthe State of Telangana. [OUT]
7. Two CD Copies KKS GJP (Along with the copy of the Order in WP.NO.34018 of 2024, dated 04.12.2024) l_\-u { . ,: l, i-n . -\s. "" _^\ i. \\ ({ \\( \ / u A|d 2[25 t {" D ct :JPATcH Et.t t HIGH COURT DATED:2010312025 ORDER WP.No.8359 of 2025 ii' t DISPOSING THE WRIT PETITION WITHOUT COSTS €f** Y*{A .{ w THE HONOURABLE SRIIUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.34018 of 2024 ORDER This writ petition is fited seeking the fottowing prayer:- "to declare the inaction of the the inaction of'the respondent No3 in receiaing, registering and rcleasing the Sale Deed presented by tlte Petitioner in rcspict of atl ttnt tle Semi-Finistted Flat No.201, in Seccnd Floor of " FLORA GRANDEUR", uith built up area of 1589 Sq.Feet., (including Common Areas snd One Car Parking), together with proportionate undiuided share of land admeasuritrg 61.4 Sq.Yards (out of 877 Sq'Yards)', on Plot Nos.98 and 99, in Sy No.776, situtted at Puppalguda Village, Manikonda Municipatity, Candipct Mandal, Ranga Reddy District, on the bnsis of Stttus Quo order dated 23.12.202-l passed in I A No'l OF 2021 in C,M.A No.383 OF 2021, pnssed bq tltis Hon'ble Court, tufurein this Honble CotLrt passed Status Quo order in respect of restraining the respondents therein or anyone clainting tln'ottgh tlrcnt from chmging tlrc nature of tlrc suit property irt O.S No.541 of 2015 on the fle of the learned V Additional Oisirict 1udge, Ranga Reddtl District at L.B Nagar, and Statrrs Quo order datelt 26.08.2027 passcd in I.A No.25i OF 2021 in O S No'242 OF 2021' passed by the letrnetl V Additiottal District and Sessions ludge, Ilanga 'Reddy District at L B Nagtr, ns illegal arbitrary non-binding on Petitioner and ine witltotrt jurisdictiort and to consequently direct the respondent No'3 to rcceizte, register and releasc tlr Snle Deed prcsented by the Petitioner in respact of all tlat tlrc Senti-Finishetl Flat No.207, in Second Floor of "FLORA GR ANDEUR", toith bttilt up nrea of 1589 Sq.Feet., (lncluding Common Arets and One Cnr Parking) together utitlt proportiowtte undioideti share of land arlnreqsttring 67.4 Sq.Yards.,( out of 877 Sq Yards) , on Plot Nos 98 atrd 99, in Sy No.77i, sittutted nt Puppttgudn Village, Manikottda MtLnicipalily' Canttipit MantlaL, Ranga Reddy District, without reference to Status Quo order'dnted 23.12.2021 pnssed in I A No.1 OF 2027 in C M A No 383 OF 2021, passed by this Hon'ble Cotu't ulrcrein this Honble Court passcd Status Quo ortler in respect of testraiing tlte respondcnts thereirt or nnyotrc iaiting tlrough ihem from changing the nature of tlu suit property in O S No.541"of 201i on the fitc of the lcnrned V Additional Distict ludge, Ranga Red,)y District at L.B Nagar, and Stntus Quo otder dated 26'08'2021 passed in l.A No.2s3 oF 2021 in o.S No.242 oF 2027 passed by the learned V Additiontt District and Sessiorrs ludge, Ranga Reddy Distict at L B N agar." 2
2. Learned counsel for the petitioner submits that petitioner's vendors are the absotute owner and peaceful possessors of the subject property, having purchased the same through Registered Sate Deed, Vide Document Nos.1111/2011 and 1112r2011 dated 20.04.2011, thereafter petitioner,s vendors with an intention to setl the subject property to petitioner had approached Registering Authority i.e., respondent No.3 atong with retevant documents to register the subject documents, but the Registering Authority are refusing to receive and process the subject documents on the ground of status quo order dated 23.1z.zoz1 passed in lA No.1 of 2021 in CMA No.383 of 2071 and further submits that neither the petitioners nor petitioners, vendor are parties in ClvlA No.3g3 of 2021 or in os Nos.541 of 2015 and z4z of 2021 on the fi[e of V Additionat District Judge, Ranga Reddy, L.B.Nagar. 3' Learned counse[ for the petitioner submits that it is duty bound on the part of the Registering Authority to receive, register and retease the subject documents and if Registering Authority is not registering the subject documents, the Registering Authority shalI assign reasons for refusat.
4. Learned counsel for the petitioner further submits that the respondent No.3 has misinterpreted the order passed in lA No.1 of CMA No'383 of 2021, dated 23-12-2021 and ptaced entire survey numbers under prohibitory [ist, hence, respondent No.3 .is oratty refusing to receive and register the sate deeds presented by the petitioner. 3
5. Learned Assistant Government Pteader for Stamps and Registration placed on record the circular instructions issued by the Commissioner and lnspector General of Registration and Stamps, Telangana, Hyderabad vide Circutar Memo No.G3/9172/2024, dated 12.08.2024, which reads as under:- 'Attention of the Sub-Registrars and Of,Fcerc in the address entry is tnuited to the reference cited, tuherein Hon'ble High Court, while disposing the W.P No.16836/2024 and batch cases, d<zted: O9-O7 2024 issued common orders u.t[th certain guide[ines to the Registration Authoities and instructions to concenaed porfies- In complnnce wtth the orders of the Hon'ble High Court, the follouttng ins tructio n s are i s sue d. i) Wheneuer parties/ citizen approach to reglster the documents, the concented Sub-Registrar, shall as expeditiously as posslble preferablg within one week, either register the documenl or pass refusal order, in terlns of the Registrqtion Act, 19O8 and the Indian Stamp Act, 1899 and communicate the sqme to the concemed parties. In no case, the Sub-Registrars sholl not refuse the documents orally for registration, ond it must be follou,'ed bg a uitten refusal orders. ii) In case documents are reftsed for registration, the Sub Registrars shalL inform the procedure Jor refund of Stamp Dutg arud registration charges to the concerned parties/ Citizens clearlg. lhe refund shall be stictlg as per Indian Stqmp Act, 1899 and Registration Act, l9OB. iii) Sub Registrars shall mautqin a watch Register/ General Diarg (GD Book/ Entrg Book/ Register) at euery Sub-Regtstrar Offce and to make enties of the parties approachtng the olfice on a parlicular date and time for the purpose for uhich theA approached. the office, so as to auoid interkrence, tampeing and misrepresentation. In uieut of the aboue Sub-Registrars are herebg directed to maintoin a Register in the Jollowing profonrta. sE I I I 4 All the. Sub- RegistrGrs shall inuaiablg maintain tlLe register in the aboue proJorma in their ofJtice and shctll be kept open to the uisiting public to the office to record their purpose for the fuh,tre reference The Distict Regtstrars shau ensure that the aboue Regi.ster-.; are openeci and. maintained in the each Sub-Registrar Offce on regular bctsis. iu) The registering aut|Lorities shalt foltow the guidelines issued in thc cases oJ vinjamui Rajagopla chary vs state of Andhra pradesh (tnd M/s. InDecta Technologies Piuate Limited Vs. Gouemment of Andhra pre.desh. These tnstructjons shall be followed scntpulouslq. IJ ang deuiation ts found, suitabte disciptinary action will be inttiated. These instructions urill not supersede the cittzen chafier prescibed for uaious sertices rendered bu the department. "
6. Learned Assistant Government pteader fairty submits that respondent authorities as per the circutar dated 12.0g.2024 witt pass order by fottowing the provisions of the Registration Act, 190g and the lndian Stamp Act, .1g99.
7. Heard both sides.
8. ln the case on hand, there is no express refusal order issued by Sub- Registrar to the petitioner denying the registration and there is no prohibitory tist fited by learned counset for the petitioner in this writ petition. rt is pertinent to note that this court has uphetd the vat.idity of section 22-A of the Act in wp No.28300 of 7007 & Batch, dated 19.10.2023 and the section 22-A must be in consonance with certain guidetines issued in Vinjamuri Rajagopla Chary Vs. State of Andhra pradesh,a and atso granted [iberty to the parties to make an apptication to de_notify the '(2016 (1) ALr sso IFB]) 5 property from prohibited [ist, wherein retevant Para Nos.24 (4) and 29 reads as: "24(4) The Stote Government either suo motu or on on application by ony person or for giving effect to the finat orders of the High Court of Andhra Prodesh or Supreme Court of lndio moy proceed to de'notify, either in full or in port, the notification issued under sub' section (2).
29. lt wos further held thot sub'section (4) of Section 22A of the Act provides a remedy to on oggrieved porty to opproach the State Government for detetion of his property from the notificotion. lt has further been hetd that if any such opplicotion is mode, the competent outhority has to offord on opportunity of heoring and an opportunity to produce materials /documents in support of such a cloim. The claim mode by on oggrieved person hos to be deolt with by o speaking order. It hos further been hetd thot in cose such an applicotion is made under Section 22A(4) of the Act, the some hos to be decided within a period of three months. lt hos olso been held thot the mechonism provided under Section 22A(4) of the Act shall not preclude the Parties to file any other oppropriote proceeding, including civil suit, for similor or appropriote re[ief." g. ln view of the submission made by the learned counse[ on either side and without expressing any opinion on merits of the case, this writ petit'ion is disposed of, with a tiberty to petitioner to make representation/ apptication submitting at[ his grievances, within a period of two (02) weeks from the date of receipt of copy of this order and on such representation /apptication, the respondent authorities are directed to dispose of the same by fottowing the guidetines issued in the circular dated
12.08.7024 and pass appropriate orders strictly in accordance with law and in terms of the guidetines issued in Vinjomuri Roiogopla Chary Vs. Stote of Andhro Pradesh (cited supra) and in WP No.28300 of 2007 & Batch, 6 doted 19.10.2023, as expeditiousty as possibte, preferabty, within a period of two (02) weeks from the date of receipt of a copy of petitioner's represen tation / apptication.
10. Accordingty, this writ petition is disposed of. Miscettaneous applications, if any pending, shatl stand ctosed. No order as to costs. Date: o4.12.2024 SU JUSTICE N.V.SHRAVAN KUMAR I