✦ High Court of India · 24 Mar 2025

High Court · 2025

Case Details High Court of India · 24 Mar 2025

...*ororo=*r, Petition under Nlicle 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 Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent i.e., The Sub Registrar, Shamshabad, Ranga Reddy District, in refusing to receive and register the Sale Deed in respect of all that the House bearing No.3-271111N1 PTIN No.1'199100825, admeasuring 1800 Sq.Yards., having plinth area admeasuring 221 Sq.Feet., Covered by A.C.C., in Sy.Nos.219/1 lA1 and 22Ol1lA1, situated at Chinna Gollpally Village (Gollapally Khuid), Shamshabad Municipality, Shamshabad Mandal, Ranga Reddy District, on the ground that the survey numbers where the Petitioner s property is situated are notified under as prohibited property under section 22-A of Registration Act, 1 . As per the prohibitory watch register of this office, tha above Sy.No.220, are covered under the Prohibition Register Under Section 22 (A) of Registration Act, 1908, vide Notified Gazzette No.G.O.Ms.No.786 dated 09-1 1 -'1999, 2. As per the Tahsildhar Notification of Govemment Lands, the above Sy.No.22O, arc classified as Patta acquired by Government , communicated by the Tahsildhar, Shamshabad, vide Lr.No.8/230/2012 dated Og-o3-2o12 (copies enclosed) and 3. As per the District Collector, Ranga Reddy District, Notification, the above Sy.No.220l1 were notified (1) (a), vide as Kharrij Khata Under Section 22- A Lr.No.E5/4985/201 3/ShamshabadiChinna Gollapally dated 26-09-2013 (copies enclosed), is illegal, arbitrary, in violation of Articles 14, 21 and 300-4 of Constitution of lndia and also in violation of Registration Act, 1908, besides in violation of Principles of Natural Justice and consequently direct the 2nd respondent herein to receive and register the sale Deed in respect of all that the House bearing No.3-271t1tN1 PTIN No.1199100825, admeasuring 1800 Sq.Yards., having ptinth area admeasuring 221 Sq.Feet., Covered by A.C.C., in Sy.Nos.2'19l1/A 1 and 22Ot1tA1 , situated at Chinna Gollpally Village (Gollapally Khurd), Shamshabad Municipality, Shamshabad Mandal, Ranga Reddy District, without reference of. '1 . As per the prohibitory watch register of this office, tha above Sy.No.220, are covered under the Prohibition Register Under Section 22 (A) of Registration Act, 1908, vide Notified Gazzette No.G.O.Ms No 786 dated 09-1 1- 1999, 2. As per the Tahsildhar Notification of Government Lands, 'the above Sy.No.220, are classified as Patta acquired by Government , communicated by the Tahsildhar, Shamshabad, vide Lr.N6-.8/23012012 dated 09-03-2012 (copies enclosed) and 3. As per the District Collector, Ranga Reddy District, Notification, the above Sy.No.220l1 were notified as Kharrii Khata Under Section 22- A (1)(a)' vide Lr.No.E5/4985/2013/Shamshabad/Chinna Gollapally dated 26-09-2013 (copies enclosed) lA NO: 1 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 pleased to direct the respondent No.2 herein to receive and register the Sale Deed in respect of all that the House bearing No.3-271111N1 , PTIN No.1199100825' admeasuring 1800 Sq.Yards., having plinth area admeasuring 221 Sq.Feet.' Covered by A.C.C., in Sy.Nos.219l1/Al and 22Ol1lA1, situated at Chinna Gollpally Village (Gollapally Khurd), Shamshabad Municipality, Shamshabad Mandal, Ranga Reddy District, without reference of. 1. As per the prohibitory watch register of this office, tha above Sy.No.220, are covered under the Prohibition Register Under Section 22 (A) of Registration Act, 1908, vide Notified Gazzetle No.G.O.Ms.No.786 i dated 09-1 1-1999, 2. As per the Tahsildhar Notification of Government Lands, the above Sy.No.220, are classified as "Patta acquired by Government", communicated by the Tahsildhar, Shamshabad, vide Lr.No.B l23Ol2O12 dated 09- 03-2012 (copies enclosed) and 3. As per the District Collector, Ranga Reddy District, Notification, the above Sy.No.220l1 were notifiLd as Kharrij Khata Under Section 22- A (t )(a), vide Lr.No.E514985/2013/Shamshabad/Chinna Gotlapatty dated 26-09-2013 (copies enclosed), pending disposal of the above writ petition Gounsel for the Petitioner: SRI KATIKA RAVINDER REDOY Counsel for Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER 7 THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.8879 OF 2025 ORDER: This Wrir Petition is filed under Article 226 of tlne Constitution of India, seeking the following relief: "..fo issue Wnt Order or direction more particularlg onLz in the nalure of Writ of Ilfandamus declaing ttte action of the respondenl No. lllhe Sub-Registrar, Shamshabad RangcL Reddg Dtslict, in rel sing to receiue and register the Sale Deed it respect of all thut the Llouse beaing No. 3-271/ 1/A/ 1, .ryllN No. I1991008252, admeasuing to an ertenl of 18OO Sq. Yards, haoing plinth at ea admecrsuing 221 Sq. Feer couered bg A.C.C irr Sy.No.s.27 9 1iA1 and 220/ 1/A1, situeted at Clinna GoLlapaLly (C,ttlapaltg Klturd) Village, Shamshabad Munlc[palitg ancl Manclal, Ronga Reddg Distict, on the qround that the :;urue t1 numbers uthere the petitloner's prop<:r1y is situated are nottfied as 'prohib[ted properlg under sectiotr 22 A ol Registrtrtion Ad, (1) As per the prohibitory tuatch reqisLer, the Sg.No.22O is couered under the Prohibition Register Llnder SecLion 22 A o.t' Registratton AcL 1908, uide Notifi.ed Cla?z,ette No.G.O.Ms No.1786, dated 09.I 1.1999 (2) As per the Talrc[ldhar Nol[Jicatiott of ( ioL'ernmen.t Lands, the Sy.Nos.22O are classiJlcd as "Patto acqrtired bL1 Gouemment", communicated lt11 the Talsi[dha". -<:hamshabad uide Lr.No.B/230/2O12 dated 09.03.2O12 antl (3) As per the Distict ColLector's, Ranga Reddg DtsLnct, Nottfic(tlictn, al:oue Sy.No.22O/ 1 was notified os l(hari1 Khata Ltide Lr. No. ES,r'1 9 8 5 ) t-) 1 3 / Shamshabad/ Chinna Gotlapallg datecl ( tnat,r Section 22-A (") (J ) !\ 2 SK,J W.P.No.a879 oJ 2o2s

26.09.2013 as illegal, arbitrary, in uiolation of Articles, 14, 21 and 30O-A of Constitution of India and also in uiolation of Registration Act, 1908, besides in uiolation of Pinciples of Natural Justice and consequentlg direct the respondent No.2 to receiue and register the Sale Deed in respect of all that the House beaing No.3-271/1/A/1, PTIN No 11991008252, admeasuing to an extent of 1800 Sq. Yards, hauing plinth area odmeasuing 221 Sq. Feet couered by A.C.C in Sy.Nos.219/ 1/A1 ond 22O/ 1/A1, situated at Chinna Gollapallg (Gollapallg Khurd) Village, Shamshabad Municipality and Manda\ Ranga Reddy Distict, u.tithout reference of (1) As per the prohibitory uatch register, the SA-NI.22O ts couered under the Prohibition Register Under Section 22-A of . Regbtration Act, 19O8, uide NotifLed Gazzette No.G.O.Ms No.786, dated O9.11.1999 (2) As per the Tahsrtdhrtr Noti,Rcation of Gouemment Lands, the Sy.Nos.22O are classified as "Patta acquired bg Gouernment", ammunicated by the Tahsildhar, Shamshabad uide Lr.No.B/ 23O/ 2012 dated 09.03.2012 and (3) As per the Distict Collector's, Ranga Reddu District, Notification, aboue SA.NI.22O/ 1 utas notlfted os Kharrij Khata Under Section 22-A Lr. No. E5/ 498 5/ 2O I 3 / Stnmshabad/ C hinna Goltapallg, dated 26.09.2013 and to pass....." (1) (a)

2. Heard learned counsel appearing for the petitioner, Iearned Assistant Government Pleader for the Stamps and Registration appearing for the respondents and perused the material on record. Y 3 sx,J W-P.No.8879 of 2025 3, Learnr:d counsel appearing for the petitioner would submit that in similar matters of the same village, this Court passed Orders in WP No.48 16 of 2025, dated 19:02.2025 and requested to pass similar order in this matter also

4. The learned Assistant Government Pleader for Stamps and Registration did not dispute the submission made by the leamed counsel for the petitioner with regard to disposal of \\r.P.No.48 16 of 2025 and further submits that if the pctitioner presents sale deed by paying sufficient \ stamp duty, the regrstering authority will take appropriate decision and requestccl to pass appropriate orders

5. In vierr- ol- the submissions made by the both sides and by following tl-re Orders passed ' by this Court in W.P.No..18 ltr of 2025, dated 19.02.2025 this writ petition is disposed of. If the petitioner presents the document for registration, the respondents are directed to receive the same and foll,ru, tl-re directions issued in Vinjamuri Rajagopala Chary and others Vs., State oJ Andhra .l- 4 sr,J W.P.No.a8Z9 oJ 2O2S Pradesh and. otherst and also consider the order dated 22.03.2024 passed by this Court in Wp Nos.9645 of 2O2l and 26353 of 2023, for arriving at a concrusion and thereafter pass appropriate proceedings in accordance u,ith ,aw, within (4) weeks from the date of receipt of the document hled by the petitioner. The said proceedings sha-ll be communicated to the petitioner. 6 Miscellaneous petitions, if any, pending shall closed. No order as to costs. //TRUE COPY// Sd/. P.PADMANABHA RE DEPUTY ".;f' ODY RAR SECTION OFFICER To, 1 . The Sub Registrar,, Shamshabad, Ranga Reddy District 2. The Collector,, Ranga Reddy District. 3. The Tahasildii,, StrEmstraOid Mandal, Ranga Reddy District, 4. One CC to Sri Katika Ravinder Reddy Advocate [OPUCI 5. Two CCs to GP For Stamps And Reiistration ,High Court for the State of Telangana. [OUT]

6. Two CD Copies MBC b ' zore 1r1 nlr sso 1re1 HIGH COUR I SK,J DATED: 2410312025 fY' I. STA/6 Y d 01 i,: z[25 * t) :---a.:- --' 'l I c '/ ORDER WP.No.8879 of 2025 L 0)cof' \ DISPOSING OF WRIT PETITION WITHOUT COSTS

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