✦ High Court of India · 16 Apr 2025

High Court · 2025

Case Details High Court of India · 16 Apr 2025
Court
High Court of India
Decided
16 Apr 2025
Bench
Not available
Length
1,201 words

Sri Gadiraju Latchiraju, S/o Late Gadiraju Rdrha Raju, Aged dlogt 60 years,.Occ. Business,'Rl/o H.No.2-39, Panchayiti Sireet, Kallakuru Post,iKalla Mandal, West Godavari District, A.P. , ...PETITIONER AND

1. The State of Telangana, Rep. by its Principal Secretary (Stamps and Regiqtration), Secretariat, Hyderabad.

2. lhe 6ub Registrar, Shamshabad, Ranga Reddy District. 3. The Collectol, Ranga Reddy District. 4. The Tahasildar, Shamshabad Mandal, Ranga Reddy District. ...RESPONDENTS Petition under Article 226 oI the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be oleased to issue Wrii, Order or direction more particularly one in the nature of Writ of Mandamus declaririg 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 llt that the House bearing No.3-268/4/1 , PTIN No.1199100626, admeasuring lOOO Sq.Yards', and House bearing No'3-269/A/1 ' PTIN No.1199100-627, admeasuring 1057 Sq.Yards., total admeasuring 2057 Sq.Yards., having plinth aida total admeasuring 400 Sq.Feet., Covered by A C'C',. both housJs in Sy.No.22011/A1, situated aichinna Gollpally Village (Golgpally Khurd), Shamshabai Municipality, Shamshabad Mandal, Ranga Reddy District, on the ground that the survey numbers where the Petitioner's property is situated are iotified under as prohi6ited property under section 22-A of Registration Act, 1. As per the prohibitory watch register of this office, tha above Sy.Nos.219 and 22O, are covered under the Prohibition Register Under Section 22 (N) of Registration Act, 1908, vide Notified Gazzette No.G.O.Ms.No.786 dated 09-11-1999, 2. As per the Tansildhar Notification of Government Lands, the above Sy.Nos.219 and 220, are classified as Pafta acquired by Government, communicated by the Tahsildhar, Shamshabab, vide Lr.Nio.B/23Ot2012 dated 09-03-2012 (copies enclosed) and 3. As per the Distript Collector, Ranga Reddy' District, Notification, the above Sy.Nos.219l1 and 22011 were notified as Kharril Khata Under Section 22-'A (1) (a), vide Lr.No.E5/4985/2013/Shamshabad/Chinna Gollapally lated 26-09-20't3 (copies enclosed), is illegal, arbitrary, in violation of Articles 14,21 and 300-A of constitution of lndia and also in violation of Registration Act, 1908, besides in violation of Principles of Natural Justice andconsequently' direct the 2nd respondent herein to receive and register the Sale Deed in respect of all that the House bepring No.3-268/A/1 , PTIN No.1 '199100626, aclmeasuring 1000 Sq.Yards., and Holrse hearing No.3-269/A/1 , PTIN No.1199 10(1627, admeasuring 1057 Sq.Yards., tbtal admeasuring 2057 Sq.Yards., having plinth area total admeasuring 400 Sq.Feet., Covered by A.C.C., both houses in Sy.No.22011/A1' situated at chinna Gollpally Village (Gollapally Khurd), shamshabad Municipality, Shamshabad Mandal, Ranga Reddy District, without referenctr of. 1. As per the prohibitory watch register of this office, tha above Sy.Nos.:219 and 220, are covered under the Prohibition Register Under Section 22 (A) ctf 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.219 and 22O, 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 and22011 werenotifiedasKharrij KhataUnderSection22-A(1)(a)' vide Lr.No.E5/4985/2013/Shamshabad/Chinna Gollapally,lated 26-09-2013 (copies enclosed) lA NO: 1 OF 2025 Petition under Section 151 CPC praying 'that in the circurnstances 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 Dr:ed in respect of all that the House bearing; No.3-268/A/1 , PTIN No.1 199100626, admeasuring 1000 Sq.Yards., and House bearing No.3-269/A/1 , PTIN No.11991Cr0627, admeasuring 1057 Sq.Yards., total admeasuring 2057 Sq.Yards., having plinth area total admeasuring 400 Sq.Feet., Covered by A.C.C., both houses in Sy.No.22011/Al , situated at Chinna Golipally Village (Gollapally Khurd), Shams;habad Municipality, Shamshabad Mandal, Ranga Reddy District, without refererrt;e of. 1. As per the prohibitory watch register of this office, tha above Sy.Nos.219 and 22O, are covered under the Prohibition Register Under Section 22 (A) of Registration Act, 1908, vide Notified Gazzelte No.G.O.Ms.No.7B6 dated 09-11'1999, 2. As per the Tahsildhar Notification of Government Lands, the above Sy.Nr:s.219 and 220, are classified as "Patta acquired by Government", communicated by the Tahsildhar, Shamshabad, vide Lr No.B/23012012 dated 09-03-2012 (copies enclobed) and 3. As per the District Collector, Ranga Reddy District, Notification, the above Sy.Nos.219/1 and 22011 were notified as Kharrij Khata Under Section 22- A (1)(a), vide Lr.No.E5/4985/20.13/Shamshabad/Chinna Gollapally dated 26-09-2013 (copies enclosed), pending disposal of the above writ petition \ Counsel for the Petitioner: SRl. KATIKA RAVINOER REDDY Counsel for the Rdspondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER --7 \ THE HONOURABLE SRI JUSTICE K.SARATH ORDER: WRIT PETITION No.112 7l of 20.25 Heard learned counsel appearing for the petitioner, learned Assista,t Government pleader for the Stamps arld 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 petitioner would submit that in similar matters of the same village, this Court passed Orders in V.rp No.4gi6 of 2025, dated 19.02.2025 and requested to pass similar order in this matter also.

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 2o2s and, further submits that if the petitioner presents sale deed by paying sufficient stamp duty, the relistering authorier will take appropriate decision and requested to pass appropriate orders. I I 2 sK. ./ wP I1271 2025

4. In view of the submissions made try the both sides and by following the Orders passed blz this Court in W.P.No.4816 c,f 2025, dated 19.02.2025, this writ petition is disposed of. Il the petitioner presents the document for registration, the respondents are directed to receive the same and follow the directions issued in Vinjamuri Rajagopclla Chary and others Vs., Sta;tc of Andhra prad.esh and. otherst and also consider the order d,ated,22.O3.2O24 passed by this Court in Wp Nos.9645 of 2O2t and 2(,353 of 2023, tor arriving at a conclusion and thereafter p,ass appropriate proceedings in accordance 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.

5. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No order as to costs. 2016(1) ALT 550 (FB) //TRUE COPYII SD/- T. TIRUMALA DEVI DEPUW REGISTRAR \ , SECTION OFFICER

1. The Principal Secretary (Stamps and Regi stration), Secretariat, Hyderabad. To, \ 7 l

2. The Sub Registrar, Shamshabad, Ranga Reddy District. 3. The Collector, Ranga Reddy District. 4. The Tahasildar, Shamshabad Mandal, Ranga Reddy District. S. bne 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 KKS GJP s HIGH COURT DATE D : 1 610412025 ORDER WP.No.11271 of 2025 :-_-=- aL) a 't. \'. ?3 ttir ?\?5 I o t I I o7 DISPOSING THE WRIT PETITION WITHOUT COSTS Q9o{'q ^/ '1.\

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