✦ High Court of India · 25 Mar 2025

High Court · 2025

Case Details High Court of India · 25 Mar 2025

Sri Gadiraju Latchiraju, S/o Late Gadiraju Rama Raju, Aged about 60 years, qcc. Business, R/o H.No.2-39, Panchayiti Street, Ka-ilakuru post, - Kalld Mandal, West Godavari District, A.P. ...pETt,oNER AND Registration), Secretariat, Hyderabad.

1. The.State of Telangana,, Rep. by its Principal Secretary (Stamps and !. lhe Qub Registrar,, Shamshabad, Ranga Reddy District. 3. The Collector,, Ranga Reddy District. 4. The Tahasildar,, Shamshabad Mandal, Ranga Reddy ,'rrr'", ...*=aao*rar* Petition under Article 226 of the Constitution of India 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.3-310/A/1 (North Side), pTlN No.1199100689, admeasuring 1000 Sq.Yards., having plinth area admeasuring 200 Sq.Feet., Covered by A.C.C., and House bearing No.3-310/A/1 (South Side), PTIN No.1199100689, admeasuring 1057 Sq.Yards., having plinth area admeasuring 200 Sq.Feet., Covered by A.C.C. in Sy.Nos.220l1/Al and situated at Chinna Gollpally Village (Gollapally Khurd), Shamshabad Municipality, Shamshabad Mandal, Ranga Reddy District, on the ground that the survey numbers where the Petitione/s property is situated are notified under as prohibited property undei 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 09-11-1999, 2- As per the Tahsildhar Notification of (1 ) Government Le nds, the above Sy.No.220, are classified as Patta acquired by Government, communicated by the Tahsildhar, Shamshabad, vide Lr.No.Bi230l20'2 derted O9-O3-2O12 (copies enclosed) and 3. As per the District Collector, Rang a Reddy District, Notification, the above Sy.No.22011 were notified as Kharrij Kh.ata Under Section 22- A (a), vide Lr.No.E5i4985/2013/Shamshabad/Chinna Goltapaily dated 26-09-2013 (copies enclosed), is ilegal, 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 Prnciples of Natural Justice and consequenfly direct the 2nd respondent here in to receive and register the sale Deed in respect of all that the House bearing No.3-310/A/1 (North Side), PTIN No.1199100689, admeasuring 1000 Sq.Yards., having plinth area admeasuring 200 Sq.Feet., Covered by A.C.C., and House bearlng No.3-310/A/1 (South Side), pTtN No i 199100689, admeasuring 1(,57 Sq.Yards., having plinth area admeasuring 2OO Sq.Feet., Covered by A.C.C. in Sy.Nos.220l1lA1 and situated at Chinna Go lpally Village (Gollapally Khurrl), Srramshabad Municipality, Shamshabad Mandal, IRanga Reddy District, without ,efert:nce of. 1. As per the prohibitory watch register of this office, tha above Sy.No.220 are covered under the Prohibition Register Und,_.r Section 22 (A) of Registration Art, 1908, vide Notified cazzette No.G.O.Ms.No.786 dated 09- 1 1-19S9, 2. As rer the Tahsildhar Notification of Government Lands, the above Sy.No.220, are classified as Patta acquired by Government, communicated by the Tahsildhar, Shamsh;abad, vide Lr.No.B/23Ot2O12 dated O9-03-20.12 (copies enclosed) and 3 As per the District coltector, Ranga Reddy District, Notification, the above Sy.No.220il were notified as Kharrij Khata Under Section 22- n (1Xa), vide Lr. No. E5/z 985/20l3iSharnshabad/Chinna Gollapaily dated 26-09-2013 (copies enclosed r, lA NO: 1 OF 202ti Petition urder liection 151 cPC praying that in the circumstanoes stated in the affidavit filed n 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 beerring No.3-310/A/1 (North Side), pTlN No.1199100689, admeasuring 10{}0 Sq.Yards., having printh area admeasuring 200 sq.Feet., Covered by A.C.C., and House bearing No.3- 310/A/1 (South liide), pTlN No.1199100689, admeasuring 1057 Sq.yards., having plinth area admeasuring 200 Sq.Feet., Covered by A.C.C. in Sy.Nos.220l1tA1 and situated at Chinna Gollpally Village (Gollapally Khurd), Shamshabad Municipatity, 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 Gazzelte No.G.O.Ms.No.786 dated 09-11-1999, 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 Lr.No.Bl23ol2o12 dated o9-o3-2o12 (copies enclosed) and 3. As per the District Collector, Ranga Reddy District, Notification, the above Sy.No.220l.1 were notified as Kharrij Khata Under Section 22- A (1)(a), vide Lr.No.E5/4985/20'13/Shamshabad/Chinna GoIapaily dated 26-09-2013 (copies enclosed), pending disposal of the above writ petition Counsel for the Petitioner: SRI KATTKA RAVTNDER REDDY Counsel for Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER TTIE HON'BLE SRI JUSTICE K.SARATH MIT PETITION No.9O54 of 2025 ORDER: This Wl-it Petition is fiied under Article 226 of the Constitutiorr or lndia, seeking the following relief ". .. [o issrre 'Arit, Ord.er or direction more particularlg one in. the natut e cl Writ of Mandomus declaring the action oJ the 2nd resp )ndent i.e., The Sub Registrar, Shamshabad, Ranga Reddg D .str-rt, in refusing to receiue and register the ,SaLe Deed in. t espe,ct of all that the House bearing No.3i1A/ 4/ I (North -stde.t, PTIN No. I 1 99100689, admeasuing 10OO Sq.Yards, L,ttuinq plinth area admeosuring 2O0 .Sq.Feet., Couerecl )ty ,\.C.C., and House beaing No_3-310/A/ 1 (,it.'uth Side), I\rN !r'o.11991OO689, admeosuing LOSZ Sq.yards., hauing p intn area admeasuing 200 Sq.Feet., Couerea bg A.C.C. in Sy.lros.22)/ 1/A1 and situated at Chinna Goltp zlly ViLtoge'Gotlapally Khurd), Shamshabad Mutricipality, ShamsLtaboct. Monda| Ranga Reddg Distict, on the grottnci tLlat tlte ;urtzy numbers tuhere the Petitioners propertll is situated. tre notified under as prohib.ited property under section 2)-A of Registration Act, 1. As per the prohibitory uatch rsqislp,r of this office, tha aboue Sg.No.22O, are couered utde't the Prohibition Register Llnder Section 22 (A) of Registro.ti)n. Act, 1908, uide Notifi.ed (iazz.ette No.G.O..\/1.;.No.786 doted 09-11-1999, 2. As per the Ttthsildhar N ttrfication of Gouernment Lands, th.e abcue Sy.No.22(t, ar= classified as Patta acquired bg Gouernm<tnt, communicatei by the Tahsildhar, Shamshabad, t,ide Lr. No. Bt' 2 3Ot :)O 1 2 dated O9-03-2O 1 2 (copies enclosed ) r.,,nd. 3. As pt r ilrc District Collector, Ranga Red_dy Disttict, Notif.catio t, tL.e aboue SU. No.22O/ I utere nottfied as Kharnj Khata Uruler Siection 22- A (j) (o), uide Lr. No.ES/ 49BS/ 20 I 3/ Shomshalnd/ Chinna Goltapa g d.ated_ 26_O9_2O13 (copies 2 s(J l,I? 9051. 2a)5 encLosed), is illegal, arbitrary, in uiolation of Articles 14, 21 and 300-A of Constitution of India ond also in uiolation of Registration Act, 19O8, besides in uiolation of Pinciples of Natural Justice and consequentlA direct the 2nd respondent herein to receiue ond register the Sale Deed in respect of all that the House beaing No.3-31O/A/ 1 (North Side), PTIN No.119910O689, admeasuing lOOO Sq.Yards., hauing plinth area admeasuring 20O Sq.Feet., Couered bg A.C.C., and House bearing No.3-31O/A/ I (South Side), PTIN No. 1 1 9 9 1 00689, admeasuring I 0 57 Sq. Yards., hauing pl.inth area admeasuing 2O0 Sq.Feet., Couered by A.C.C. in Sg.Nos.22O/ 1/A1 ond situated at Chinna GolLpaIIy ViIIage (Gollap allg Khurd), Shamshab ad Municip alitg, Shamshab ad Mandal, Ranga Reddy District, utithout reference of. I. As per the prohibitory tuatch regi.ster of this ofrtce, tha dboue Sy.No.22O, are couered under the Prohibition Register Under Section 22 (A) of Registration Act, 1908, uide Notifed Gozzette No.G.O.Ms.No.786 dated O9-11-1999, 2. As per the Tah,sildhnr Notifi,cation of Gouernment Lands, the aboue Sg.No.22O, are clossified d.s Patta acquired bg Gouernment, communicoted bg the TaLtsildhar, Shamshabad, uide Lr.No.B/ 23O/ 2O 12 dated O9-O3-2012 (copies enclosed) and 3. As per the Distict Collector, Ronga Reddg Distict, Notification, the aboue Sg.No.22O/ 1 u.tere notified as Kharrij Khata Under Section 22- A (1)(a), uide Lr. No.ES/ 4985/ 20 13/ Shornshobod/ Chinna Gollapallg dated 26-O9-201 3 (copies enclosed), and pass..."

2. Heard learned counsel appearing for the petitioner, learned Assistant Government Pleader for the Stamps and Registration appearing for the respondents. With their consent, this Writ Petition is disposed of at the stage of admission itself. s( "r ,l,P 9054 2025

3. LearrLed counsel appearing for the petitione r r.r,ould submit tha, in similar matters of the same villag(:, this Court pass,ed Orders in WP No.48 16 of 2025, dated

19.02.2025 attd requested to pass similar order in this matter also

4. The lea:ned Assistant Government Plearler for Stamps a;rrl F}:gistration did not dispute the submission made by tl-r: k:nrned counsel for the petitioner with regard to disposal of W.P.No.4816 of 2025 and further s;ubmits that if the petit:oner presents sale deed by paying sr.tfhcient slamp duty t[r,: registering authority will take appropriate decision anrI rr:<luested to pass appropriate orders.

5. In view cf the submissions mad.e by the both sides I and by follori.ing the Orders passed by this Court in W.P.No.48l(t of 2025, dated 19.02.2025 this wrir pelition is disposed of. JI the petitioner presents the document for registration, thr: respondents are directed to rece Lve the same and folltw the directions issued in Vin-iamuri I t 4 .s1i J l{/P 9o5t 2025 Rajagopala Chary and others Vs., State of Andhra Pradesh and othersr and a-lso 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 conclusion and thereaJter pass appropriate proceedings in accordarce with law, within four (4) weeks from the date of receipt of the document filed by the petitioner. The said proceedings shall be communicated to the petitioner.

6. Miscellaneous petitions, if any, pending shall stand closed. No order as to costs. //TRUE COPY// sd/. S. MALLTKARJU A RAO ASSISTANT RE ISTRAR I SECTION OFFICER To, 1 . The Principal Secretary (Stamps and Registration)' State of Telangana' , The sub Reoistrar', Snamshabad' Ranga Reddy District' Secretariat, HYderabad' Itrrltliimfr 7. Two CD CoPies Telangana. [OUTI 'd+Jis+!i,*,t"nff$.s!"Bil;::*eS,a,e.r MBC 5 ' zore 1r1 ny sso 1ra1 HIGH COURT SK,J DATED: 2510312025 a n _i\ \) t, i ORDER WP.No.9054 of 2025 DISPOSING OF WRIT PETITION WITHOUT COSTS CgB, s(tr

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