✦ High Court of India · 26 Mar 2025

High Court · 2025

Case Details High Court of India · 26 Mar 2025
Court
High Court of India
Decided
26 Mar 2025
Bench
Not available
Length
1,572 words

Petition under Article 226 of the Constitution of lndia ,rriffil:i''f[: 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.3-293/A/2 (North Side Part), PTIN No.1199131085, admeasuring 900 Sq.Yards., having plinth area admeasuring '100 Sq.Feet., Covered by A.C.C., in Sy.Nos.219/1/41 and 220111A1 and situated at Chinna Gollpally Village (Gollapally Khurd), 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 ot Registration Act, 1. As per the prohibitory watch register of this office, tha above Sy.No.220, are covered under the Prohibition Register Undir Section 22 (A) ol 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.22O, are classified as 'Patta acquired by Government', communicated by the Tahsildhar, Shamshabad, vide l I l Lr.No.B/230/2012 dated oglo3l2o12 (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/Shamshabadichinna Goilapaily dated 26t09t2013 (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, 190g, besides in violation of Principles of Natural Justice and consequenfly direct the 2nd respondent herein to receive and register the sale Deed in respect of all that the House bearing No.3-293/N2 (North Side part), pTtN No.119913.1085, admeasuring 900 Sq.Yards., having plinth area admeasuring 100 Sq.Feet., Covered by A.C.C., in Sy.Nos.219/1/A1 and 2ZOt,llA1 and situated at Chinna Gollpally Village (Gollaparry Khurd), shamshabad Municiparity, 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) ot Registration Act, 190g, vide Notified Gazzette No.G.o.Ms.No.786 dated o9/11l1999, 2. As per the Tahsirdhar Noiification of Government Lands the above Sy.No.22o, are crassified as 'patta acquired by Government', communicated by the Tahsildhar, Shamshabad, vide Lr.No.B/230i2012 dated 0910312012 (copies enclosed) and 3. As per the District collector, Ranga Reddy District, Notification, the above sy.No.22011 were notified as Khanij Khata Under Section 22_ A(1 )(a), Lr.No.E5/4985/2013/shamshabad/chinna GoilapaIy dated 261ogt2013 (copies enclosed), lA NO: 1 OF 2025 Petition under section 151 cpc praying lhat in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondent No.2 herein to receive and register the sale Deed in respect of all that the House bearing No.3-293/A/2 (North side part), prN No.1199131085, admeasuring 900 Sq.Yards., having printh area admeasuring 100 sq.Feet., covered by A.c.c, in sy.Nos.219l1/A1 and 22ot1rA1 and situated at chinna Gollpally Village (Goilapaily Khurd), Shamshabad Municiparity, 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) ot Registration Act, 1908, vide Notified Gazzette No.G.O.Ms.No.786 dated 09-1 1-1 999, 2. As per the Tahsildhar Notification of Government Lands, the above Sy.No-220, arc classified as "Patta acquired by Government", communicated by the Tahsildhar, Shamshabad, vide Lr.No.B/230/2012 daled Ogl03l2l12 (copies enclosed) and 3. As per the District Collector, Ranga Reddy District, Notification, the above Sy.No.220l1 were notified as Kharrij Khata Under Section 22- A (1Xa), vide Lr.No.E5i498512013/Shamshabad/Chinna Gollapally dated 2610912013 (copies enclosed), pending disposal of the above writ petition Counsel for the Petitioner: SRI KATIKA RAVINDER REDDY Counsel for Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER I Y THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.9167 OF 2025 ORDER: This Writ Petrtior-r is filed under Article 226 of the Constitution of India, seeking the following relief: "..to issue Wit i )rder ot direction more particularlA one it1 the nulure of Wnt of Mandamus declaing the action oJ' the respondenl No.2,/the Sub Registrar, Shamshabad Ranga Reddg Disttict, m reJt, sing to receiue and register the Sale Deed in respect of ctU thLtt the House beor[ng No.3-293/A/2 (Nor1h Side I'arl). PTIN No.1i99131085, admeasuring to an extent )f 900 Sq. Yrzrds, ht,uing plinth area admeasuing 1OO Sq. Feet cotered blJ A.C.(' in Sg.Nos.219/ 1/A1 and 220/ 1/ A1, srtuated at Chinna GoLlapallg (Goltapally KLutrd) Village, Shamshabad Municipalitu an<{ MantdctL, Ranga Reddg Distict, on the qround that the sitruett nLtrnbers u.there the petitioner's propeftU is situ<tted are nottlied es prohibited propertA under sectton 22 A of Registralion .\cl. (1) As per the proh[bitory uatch ntoisler, the Sg.No.!)20 is couered under the Prohibition Register Under Sectlon 22 A oJ Registration Act, 1908, uide Notified Ga:,zette No.().O.Ms No.7ti6. dated 09.11.1999 (2) As per the Tattsrldhar Nottlicatrcn o[ Grventmerrt Lands, the Sg.Nos.22O are classiJied as "PatLo acqtr ired bg Gouemment", communicated bu the Tcrhsildhctr. SirunslrubcLd uide Lr.No.I3/230/2012 dated O9.03.2O 12 ctrud (3) As per the District Collector's, Ranga Fleddg Distict, Natilicat ion, aboue Sy.No.220/ 1 tuas notifted as Kharrij Khola Und, r Sectton 22 A Lr.x'o.D5/i98Sr 2o I3/ shutlshabad/ Chinna (iollapallg, do-tecl (a) (1) ) 2 sx,J W-P-No.9162 o! 2O25

26.09.2013 as illegol, arbitrary, in uiolation of Artictes, 14, 21 and 300-A of Constitution of Ind.ia and also in uiolation of Registration Act, 1908, besides in uiolotton of principles of Natural Justice and consequentlA dtrect the respondent No.2 to receiue and register the Sale Deed in respect of alt that tt-Le House beaing No.3 293/A/2 (Norlh Side parl), 7TIN No.l199131085, admeasuing to an ertent of 9OO Sq. yard.s, Lnuing plinth area admeasuing lOO Sq. Feet couered. by A.C.C in Sg.Nos.219/ 1/A1 and. 220/ j/A1, situated at Chinna GollapaLlg (Gollapalty Khurd) Village, Shamshabad Municipatity ond Mandal, Ranga Reddy Distict, wtthout rekrence of (l) As per the prohibitory watch register, the Sg.No.22O is couered under the Prohibition Register under Section 22_A of, Registration Act, 1908, uide NotiJled Gazzette No.G.O.Ms No.786, dated 09. I I . 1999 (2) As per the Tahsildhar Notification of Gouemment Lands, the Sy.Nos.220 are classifi.ed. as ,,pcLtta acquired by Gouemment,,, communicated bg the Tahsildhar, Shamshabad uide Lr.No.B/ 230/ 20 12 dated 09.O3.2O12 and (3) As per the Distict Collector,s, Ranga Redd.g Distict, Notification, aboue Sg.No.22O/ I ruas nottfi.ed. as Kharij Khata Under Section 22-A Lr.No. E5/ 4985/ 2O 13/ Shamshabad/ Chinna Go apatLg, dated 26.09.2013 and to pass.....,' (a) (j)

2. Heard learned counsel appearing for the petitioner, learned Assistant Government pleader for the Stamps and Registration appearing for the respondents and perused the _ material on record. sr,J w.P.No.9167 of 2O25

3. Learned counsel appearing for the petitioner would submit that 1n srmilar matters of the same village, this Court passed Orders in WP No.4816 of 2025, dated 19 .O2.2O25 and requested to pass similar order in this matter also

4. 'I'he leerrned Assistalt Government Plezrder for Stamps ancl Registration did not dispute the submission made by the lcarned counsel for the petitioner with regard to disposal of tr'.P.No.4816 of 2025 ald further submits that if the petitioner presents sale deed by paying sufficient \ stamp dut],, the registering authority will take appropriate decision and rcqrrested to pass appropriate orders.

5. ln vieq, o1- the submissions made by the both sides and b1' lollo',ving the Orders passed by this Court in W.P.No.4B16 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 follow the directions issued in Vinjamuri Rajagopala Chary and others Vs., State o;f Andhra 4 sK,., w.P,No.9167 of 2O2S Pra,desh and othersl and also consider the order dated 22.03.2024 passed by this Court in Wp Nos.9645 of 2021 and 26353 of 2023, for arriving at a conclusion and thereafter pass appropriate proceedings in accordance with law, within (4) weeks from the date of receipt of the document filed by the petitioner. The said proceedings sha-ll be communicated to the petitioner. 6 Miscellaneous petitions, if any, pending shall stand closed. No order as to costs Sd/. P.PADMANABHA R DEPUW REGI DY //TRUE COPY// SECTION OFFICER To, '! ]fe Qub Registrar, Shamshabad, Ranga Reddy District. 2. The Collector,, Ranga Reddy Diskict. 3. The Tahasildar,, Shamshabad Mandal, Ranoa Reddv District. 4. One CC to Sri Katika Ravinder Reddy Advocate [OpiJC] 5. Two CCs to GP For Stamps And Registration ,High Couh for the State of 6. Two CD Copies Telangana. [OUTI MBC $ ' zoro (r) arr sso (rs) .l HIGH COURT SK,J DATED: 2610312025 1t{ E sTAl{ c d o1 Api lt[zi ' C, t OEspdi ,,,( (' -./., ORDER WP.No.9167 ot 2025 aj44 \\+ 2d OISPOS!NG OF WRIT PETITION WITHOUT COSTS

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