✦ High Court of India · 17 Apr 2025

High Court · 2025

Case Details High Court of India · 17 Apr 2025
Court
High Court of India
Decided
17 Apr 2025
Bench
Not available
Length
1,029 words

Sri Manikonda Kishore Kumar, S/o. Venkateswara Aged about 43 years, Occupation Business, Resident of H.No. 9-478111, Plot No.401 , Anantha Lakshi Nilayam CR Colony, Chilakaluripeta, Guntur District, Andhra Pradesh. ...RESPONDENTS Petition under Article 226 o't the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction . more particularly one in nature of writ of Mandamus, the petitioner prays that this Hon'ble court may be pleased to issue a writ, order or directions more particularly one in the nature of writ of Mandamus directing the Respondent Nos. 6 herein to withdraw the letter lssued by the Respondent No.3 stating that to added the schedule property in Prohibited list bas,: i on the complaint given by the Respondent 'rlo. 4 and 5 and the action of tre 3nj Respondent for not considering to r;omplet€ the registration in-respect of thr: s;chedule property based on the sale certificale issued by the 4th ResPondent IAN O:1 OF 2025 Petition urder Section 151 CPC praying that in the circurrstances stated in the affidavit fi ed in support of the petition, the High Oour: may be pleased to direct and reslrain the Respondent No.3 not to entertain an,7 rellistration to any third parties e;<c-.ot in the name the Petitioner herein till drspose I of the present writ petition. Counsel for the Pet;tioner: SRI A.PAVANKUMAR Counsel for the Res pondent No.1 to 3: AGP FOR STAMPS 8 RETSISTRAT|ON Gounsel for the lles pondent No.6: AGP FOR HOME The Court macle the following: ORDER :1- \_. ,r' -7 THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.9363 of20.25 ORDER: Heard learned counsel for the petitioner and learned Assistant Government pleader for Stamps and Registration and learned Assistant Government pleader for Home appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission.

2. Learned counsel for the petitioner submits that this writ petition is frled by the petitioner seeking direction to the respondent No.6 herein to withdraw the letter issued by the respondent No.3 stating that to added the schedule property in Prohibited List based on the complaint given by the respondent Nos.4 and 5 and the action of the respondent No.3 for not considering to complete the registration in respect of the schedule propert5r based on the sale certificated issued by the respondent No.4. 3. At the time of hearing, the learned Assistalt Government Pleader for Stamps and Registration has produced copy of the written instructions issued bv the \ \ 2 SK, J W-P-No.9363 oJ 2025 responderrl. No.6 stating that the petitioner herein is the bidder anri filed the present u,rit petition irgainst the responclenl No.3 herein i.e., The Sub-Registrar, Chevella, Ranga Ilt:ddr. District. Moreover, as of now, [he respondent No.6/ln,v,:sting Officer has not issue alv lerrter to the responclent No.3 for adding the schedule propert5r in Prohibite,C l,;st in Crime No.1 of 2025 under Se ctions 223, 329 (ll, ?tt29 (4l.,334, 324 (4) read with 3 (5) BNI;, Section 3 and 4 of Prenzention of Damage to Public Propertg Act, 1984 (for short the PDPP Act') and in view of lhe written instruct.ions submitted by the respondent No.6 the cause in the u.rrt p etition does not survive.

4. In vierv of the above submissions made by learned counsel ,rrr both sides, this writ petition IS rlisposed of directing th: Registering Authority to receiv,l, r,lgister arrd release the subject document, without rel'erence to the Crime llc.l. c,f 2025 registered under Sections 2'.'.3, 329 (l), 329 (4), -2:\,+,324 (4) read with 3 (5) BNS and Se;tion 3 and 4 of PDPP .A<:t, subject to the petitioner coml>lyirrg with the provisions ol the Act, 1908 as well as the [ndran Stamp Act, \ \ / sr(, J W.P.No.9363 of 2025

1899. It will be open to the Registering Authority to refuse the document presented before him, if he has any objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioner to get the subject document registered. There shall be no order as to costs.

5. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed //TRUE COPY// To, 1 . The Principal Secretary Department of Secretariate, Hyderabad, State of Telangana. SD/.V.KAVITHA PUTY REGISTRA SECTION OFFICER Sta ps and Registrations,

2. The District Registrar, Department of Stamps and Registrations Prakash Nagar, Balanagar, HYderabad

3. The Sub.Registrar, Chevella sub-Registrar, Chevella Ranga Reddy District. 4 The General Manager, INDIAN OVERSEAR BANK, A Bod Transfer of Undertaking constituteO companie"s (Acquisition and Hiving itsientrdl office it Nb. zozlzos, Anna Salai, Chennai- 600 - v s) 0 corporate Act 1970 02

5.TheBankManager,lndianOverseasBank,GovernerpetBranch,Vijayawada 6. The station House officer, t\rloinabad Police station, Moinabad, Ranga Reddy District,

7. One CC to SRI A.PAVANKUMAR, Advocate IOPUC] S.TwoCCstoGPFoRSTAMPSANDREGISTRATIoN'HighCourtforthe State of Telangana at Hyderabad [OUT] g.TwoCCstoGPFoRHoME,HighCourtfortheStateofTelanganaat Hyderabad [OUT]

10.Two CD CoPies BSR GJP HIGH COL'RT DATED:17'10412025 ORDER WP.No.9363 of 2025 /1',': :\ \a. t; !4 14: ; l til jijl'l flI6 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS l

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