✦ 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
Length
1,185 words

Petition under Article 226 of lhe 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 decldring 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.3-2941A12, PTIN No.1 199131086, admeasuring 1725 Sq.Yards., having plinth area admeasuring 200 Sq.Feet., Covered by A.C.C., in Sy.Nos.21911lA1 and 220111A1 , situated at Chinna Goltpally 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 of Registration Act, 1. As per the prohibitory watch register of this office, tha above Sy.Nos.21911lA1 and 220111A1, are covered under the Prohibition Register Under Section 22 (A) ot Registration Act, 1908, vide Notified Gazzetle No.G,O.Ms.No.786 dated 09-11-1999, 2. As per the Tahsildhar Notification of Government Lands, the above Sy.Nos.219l1/A1 and 22Ol1tA1 , are classified as Patta acquired by Government, communicated by the Tahsildhar, Shamshabad, vide Lr.No.B/23012012 dated 09-03-2012 (copies enclosed) and 3. As per the District Collector, Ranga Reddy District, Notification, the above sy.Nos.219l1/A1 aod 22Ol1lA'l were notified as Kharrij Khata Unde,r section 22- A (1) (a), vide LrNo.Et;/4985/2013/Shamshabad/Chinna Gollapalll'dated.26-09- 2013 (copies enclosed), is illegal, arbitrary, in violation of Articles 't4,21 and 3OO' A of Constitution of lndia and also in violation of Registration Act, '1 908, besides in violation of Principles, of Natural Justice and consequently rlirect the 2nd respondent herein to receive and register the Sale Deed in respect of all that the House bearing No l\-294tAt2, PTIN No.1199131086, admeasuring 1725 Sq.Yards., having plinth area admeasuring 200 Sg,Feet., Covered by A.C.C., in Sy.Nos.2.19/1/A1 and 22Ol1tA1, situated at Chinna Gollpally Village (Gollapally Khurd), Shamshabad Municipality, Shamshabad Mandal, Ranga Reddy Distript' withoUt refence of. 'l . a.s per the prohibitory watch regist-er of this olTipe, the above Sy,Nos.219/1/A1 an<7 220111A1 , are covered under the Prohibition Rpgister Under Section 22 (A) 01' Registration Act, 1908, vide Notif ied Gazzette No,G.O.Ms.No 786 ,Cated 09-11-199S, 2 As per the Tahsildhar Notification of Government Lands, the above Sy.Nos.21911lA1 and 220111A1, are classified as Patta acquired by Ciovernment, communicated by the Tahsildhar Shamshabad, vidE Lr.No 8/23012012 dated 09-03-20'12 (copies enclosed) and 3. As per the District Collector, Ranga Reddy District, Notification, the above Sy,Nos.219/1/A1 and 22Ot1lA1 were notified as Kharrij Khata Under Section 22- A (1) (a), vide Lr.No.E5/4985/2013/Shamshabad/Chinna Gollapally dated 26-09t-?013 (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 to direCt the respondent No.2l herein to receive and register the Sale Deed in respect of all that the House bearing No.3-2941N2, PTIN No.1199131086, admeasuring 1725 Sq.Yards., having plinth area admeasuring 200 Sq.Feet., Covered by AC.C., in Sy.Nos.219l1/A1 aa'7 '.220111A1 , situated at Chinna Gollpally Village (Gqllapally Khurd), Shamshabad [r4unrcipality, Shamshabad - Mandal, Ranga Reddy Distript, without refence of 1 As per the prohibitory watch register of this office, tha above Sy.Nos.219/1/A1 anrl 220111A1 , are covered under the Prohibition ff,egistg1 Undqr Section 22 (A) of Registration Act, 1908, vide Notified Gazzette No.G.O.Ms.No.786 dated 09-l'1-1999, 2. As per the Tahsildhar f'fotification of Government Lands, the above Sy.Nos.21911lA1 and 220111A1 , are classified as "Patta acquired by Government", communicated by the Tahsildhar. $famshabS(, vide Lr.No.B/23012012. dated 09-03-2012 (copies enclosed) and 3. As per the District Collector, Ranga Reddy District, Notification, the above Sv. Nos.219i 1/A1 and 22Ol1lA1 were notified as Kharrij Khata Under Section 22' t\' (1) (q), Vide Lr.No.E5/4985/2013i Sramshabad/Chinna Gollapally dated 26-09-2013 (copies enclosed), pending disposal of the above writ petition Counsel for the Petitioner: SRl. KATIKA RAVINDER REDDY Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No. 10658 of 2025 / ORDER: Heard learned counsel appearing for the petitioner and 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 Learned counsel appearing for the petitioner would

2. submit that in similar matters of the same village, this Court passed Orders in W.P.No.4816 of 2025, dated

19.O2.2O25 and requested to pass similar order in this matter a-lso.

3. The learned Assistant Government Pleader for Stamps and Registration did not dispute the submission made by the learned counsel for the petitioner with regard to disposal of W.P.No.4816 of 2025 and further submits that if the l I petitioner presents sale deed by paying sufficient stamp duty, o sr(, J W.P.No.1(.t658 of 2025 the registeling authority will take approprrate decision and requested t,o p,25s appropriate orders

4. In vierra' of the submissions made by the both sides and by followinSt r-he Orders passed by this Court in \ii.P.No.4816 of 2025, datect 19.02.2025 this writ petition is disposed of. If the petitiorter presents the document for regis',ration, the respondent-.; ere directed to receive the same anr l follow the directions issued in Vinjamuri Rajagopala Chary and others Vs., State of Andhra Pradesh and othersr and a-iso consider the c,rder dated 22.03.2024 passed by tlLis Court in W.P.Nos.96tlii of 2O2l and 26353 of 2023, for arriving at a conclusion and thereafter pass appropriate pror:eedings 1n accordance u,r th law, within four (4) weeks from the date of receipt of t,he document filed by the petitioner. The said proceedings sha,ll be communicated to the petitioner However, thr:rr: sha-ll be no order as to costs. r 2016 (11 At T 55O (FB) 3

5. Miscellaneous petitions, if any, pending shall stand w.P.No.to6sB qZ6;!t c1o sed To, //TRUE COPYII SD/-L. LAKSHMI. ABU TRAR DEPUTY RE SECTION OFFICER I The Principal Secretary (Stamps and Registration), Secretariat, Hyderabad J 4 5 6 \ \ The Sub Registrar, Shamshabad, Ranga Reddy District. The Collector, Ranga Reddy District. The Tahasildar, Shamshabad Mandal, Ranga Reddy District. One CC to SRl. KATIKA RAVINDER REDDY Advocate [OPUC] Two CCs to GP FOR STANIPS AND REGISTRATIaN ,!-iigh Court for the State of Telangana. [OUT] . 7 KKS BS Two CD Copies HIGH COURT DATED:1 010412025 '.{ tl ;E\ Cr' ( i c 17 ArB 2025 v 7 l. .1 Ds 5 r'-.i _-i,t: ORDER WP.No.10658 of 2025 DISPOSING THE WRIT PETITION WITHOUT COSTS {+ ffilt;

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