✦ High Court of India · 10 Apr 2025

High Court · 2025

Case Details High Court of India · 10 Apr 2025
Court
High Court of India
Decided
10 Apr 2025
Bench
Not available
Length
1,201 words

1. Sri Dasarla Shivaiah, S/o Dasarla Jangaiah, Aged about 56 years, Occ. Agriculture, R/o H.No.3-250, Pedda Gollapally Village, Shamshabad Mandal, Ranga Reddy District.

2. Sri Dasarla Srikanth, S/o Dasarla Shivaiah, Aged about 33 years, Occ. Agriculture, R/o H.No.3-250, Pedda Gollapally Village, Shamshabad Mandal, Ranga Reddy District. ...PETITIONERS AND 1 The State of Telangana, Rep. by ils Principal Secretary (Stamps and Registration), Secretariat, Hyderabad. The Sub Registrar, Shamshabad, Ranga Reddy District. 2 3. The Collector, Ranga Reddy District. 4. The Tahasildar, Shamshabad Mandal, Ranga Reddy District ...RESPONDENTS Petition undei Article 226 ot 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 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.3-271l1/A/1 , PTIN No.1'199100629, bdmeasuring 1890 Sq.Yards., having plinth area admeasuring 300 Sq.Feet., Covered by A.C.C., in Sy.Nos.21911lA1 and 22011lAl, situated at Chinna Gollpally Village (Gollapally Khurd), Shamshabad Municipality, Shamshabad Mandal, Ranga Reddy District, on the ground that the survey numbers where the Petitioners 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.Nos.219l.1/A1 and 220111A1, are covered under the Prohibition Register Under Section 22 (A) o'f 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.Nos.219i '1lA1 and 22Ol1lA1 , are l classified as Patta i:c,cluired by Government, communicated by the Tahsildhar, Shamshabad, vide l-r l'lo B/23012012 dated 09/03/20 12 (copies enclosed) and 3. As per the Districl ,lollector, Ranga Reddy District, Notification, the above Sy.Nos.219l1iA1 ancl iD-Ol1lA1 were notified as Kharrij Khata Under Section 22- A (1) (a), vide Lr.No.E5/4985/2013/Shamshabad/Chinna Gbllapally dated 2610912013 (copies enclosed), is illegal, arbitrary, in violation of Artir;les 14,21 and 300-4 of Constitution of lndia and also in violation of Registratlon Act, 1908, besides in violation o1 Principles of Natural Justice and consequently direct the 2nd respondent hereir to receive and register the Shle Deed in respect of all that the House bearing No 3-271111A11, PTIN No.1199.100629, admt.'asuring '1890 Sq.Yards., having plinth area admeasuring 300 Sq.Feet., Covered by A.C.C., in Sy.Nos.219/'llA1 and 1t20l1lA1 , situated at Chinna Gollpally Village (Gollapally Khurd), Shamshabad ltlunicipality, Shamshabad Mandal, Ranga lleddy District, without reference ol 1. As per the prohibitory watch rggister of l.his office, tha above Sy.Nos.21911tA1 and 220111A1, are cevered under the Prohibition Register Under Section 22 \A) of Registration Act, 1908, vide Notified Gazzettg No.G.O.Ms.No.786 ,Cated 09/1 1/1999, 2. As per the Tahsildhar Notifieation qf Government Lands, the above Sy.Nos.21911lA1 and 22Ol1lA1, are classified as Patta acquired by Government, communicated by the Tahsildhar, ShamshabAd, vide LrNo.B/230120^2 dated 09/03/2012 (cqpies enclosed) and ,J. As per the District Collector, Ranga Reddy District, Notification, the abqve Sy Nos t19l1/A1 and 220111A1 were notified as Kharrij Khata Under Section 22-A () (a), vidg Lr.No.E5/4985/2013/Sh;emshabad/Chinna Gollapally dated 26109/2013 (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 pl6rased to direct the respondent No.2 herein to receive and register the Sale Deed ir respect of all that the House bearing No.3-271111N1, PTIN No.11991Q0629, admeasuring 1890 Sq.Yards , having plinth area admeasuring JQO Sg.FeBt., Coyered by A.C.C., in gy.Nos.219/1/A1 anc 220111A1 , situated at Chinna Gollpally Vill3gg (Gellapqlly Khurd), Shamshabad Vlunicipality, Shamshabad Mandal, Ranga Fleddy District, without refence of. 1. As per the prohibitory watch register of this office, tha above Sy.Nos 219/1iA1 and, 22.011141 , are covered under the Prohibition Registgr Under Section 22 (A) ot Registration Act, 1908, vide Notifjr:d Gazzetlo No.G.O.Ms.No.786 dated 09/1 1/1999, 2. As per the Tahsildhar Notification of Government Lands, the above Sy.Nps.21911lA1 and 220111A1, are classified as Patta acquired by Goverrnment, communicatgd by the Tahsilflhar, Shamshabad. vide Lr.No.B/230t2012 lated 09-03-2012 (copies enclosed) and :i. As per fhe District Collector, Ranga Reddy District, Ngtificatiqn, the above Sy Nos.219illA'l and 22011/A1 were rrotrfied as Kharrij Khata Under Sqction 22- A (1) (a), vide Lr.No.E5l4985/2013/Sihamshabad/Chinna Gollapally daied 26to9l/013 (copieq enclosed), pending disposal of the above writ petition Counsel for the Petilioners: SRl. KATIKA RAVINDER REDDY Counsel for the Respondents: AGp FOR STAMPS AND REGISTRA flON The Court made the following: ORDER THE HON'BLE SRI WSTICE K.SARATH WRTT PETITION No .to62B of 2025,2 ORDER: I-Ieard learned counsel appearing for the petitioners and learned Assistant Government pleader for the Stamps ard Registration appearing for the respondents. with their consent, this Writ petition is disposed of at the stage of admission itself.

2. Learned counsel appearing for the petitioners would submit that in similar matters of the same village, this Court passed Orders in W.p.No.4g16 of 2025, dated 19-o2.2025 and requested to pass similar order in this matter al so.

3. The learned Assistant Government pleader for Stamps and Registration did not dispute the submission made by the learned counsel for the petitioners with regard to disposal of r... W.P.No.4B16 of 2025 and further submits that if the & \1 - \.. 2 sr,J W.P,Nct.7O628 ol 2025 petitioners tr)rrlsent sa-le deed by paying sufhcient stamp duty' the registering, authority will take appropriate di'cision and requested t.o prtss appropriate orders. In vie,,v tf the submissions made by the bot:r sides and

4. by foltou.ing, tLLe Orders passed by this Court in \'[ 'P No'48 16 of 2025, dar,e,l 19.02.2025 this writ petition is disrrosed of' If the petitiorrers present the document for regis'ration, the respondentr; a re d irected to receive the same an< [ foliow the directions issued in Viniamuri Raiagopala Chary and others Vs., Sto:te of Andhra Pradesh dnd other'sr and also consider the order dated 22.03.2024 passed by tlLis court in W.P.Nos.96'l:> of 2O2l and 26353 of 2023, for arriving at a conclusion a nd thereafter pass appropriate pro ceedings in accordancervithlaw,withinfour(4)weeksfromthedateof receipt of 1-he document hled by the petitioners The said r 2016 (1) ArT sso (FBl 3 SK, J W.P.No.70628 oJ' 2025 proceedings sha,ll tre communicated to the petitioners. However, there shall be no order as to costs.

5. Miscellaneous petitions, 7f any, pending shall stand clo sed. To, //TRUE COPY// SD/.L. LAKSHMI B DEPUTY REGI R SECTIO OFFICER

1. The Principal Secretary (Stamps and Registration), Secretariat, Hyderabad 2 The Sub Registrar, Shamshabad, Ranga Reddy District. 3 The Collector, Ranga Reddy District. 4. The Tahasildar, Shamshabad Mandal, Ranga Reddy District. 5. One CC to SRl. KATIKA RAVINDER REDDY Advocate [OPUC] 6 Two CCs to GP FOR STAMPS AND REGISTRATION ,High Court for the State of Telangana. [OUT]

7. Two CD Copies {a- KKS BS HIGH COURT DATED:1 010412025 ()\' ,\' (( 9 t 1t Apfl 2W t Op.9t,. rr:.i! I ORDER WP.No.10628 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS I \? l^ ,1--

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