✦ High Court of India · 29 Apr 2025

Smt. K.Venkata Sandhya, Wo. Simhachalam v. 1. The State of Telangana

Case Details High Court of India · 29 Apr 2025
Court
High Court of India
Decided
29 Apr 2025
Bench
Not available
Length
1,223 words

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 3'd Respondent i.e., the Sub- Registrar, Quthbullapur Mandal, Medchal-Malkajgiri District, in refusing to receive and register the Gift Deed presented by the Petitioner in respect of Semi- furnished Flat No.401 (in Fourth Floor), of "SANDHYA SYMPHONY" with built up arca ol 17300.0 Sq. feets (including common area and parking), along with an Undivided share of land admeasuring 59.0 Sq.Yds (Out of 600.0 Sq.Yds), in Plot No.P-77, 78 and 79 of Mahadevapuram Residential Project Phase-ll, in Sy.No. 239/9 and 32917 Pan, situated at Gajularamaram Village, Quthbullapur Mandal, Under GHMC Circle, Medchal Malkajgiri district, orf ihe ground that the survey numbers were notified under as prohibited property under section 22-A of Registration Act, vide Gazette Notification R.R. No. 83, communicated by Joint Collector, Ranga Reddy, vide File No. E5/4730/Quthbullapur/Gajularamaram, dated 25.09 2013 and Deputy Collector 86 Tahasildar Quthbullapur Mandal, File No. 8/583/2012 dated 17.02.2012, is illegal, arbitrary, in violation of Articles 14, 21 & 300-A of Constitution of lndia and also in violation of Registration. Act, 1908, besides in violation of Principles of Natural Justice and consequently direct the 3rd Respondent herein to receive and register the Gift Deed presented by the Petitioner in respect of Semi-furnished Flat No.40't (in Fourth Floor), of 'SANDHYA SYMPHONY" with built up area of 17300.0 Sq. feets (including common area and parking), along with an Undivided share of land admeasuring

59.0 Sq.Yds (Out of 600.0 Sq.Yds), in Plot No.P-77, 78 & 79 of Mahadevapuram Residental Project. Phase-ll, in Sy.No. 23919 & 32917 Part, situated at Gajularamaram Village, Quthbullapur Mandal, Under GHMC Clrcle, Medchal Malkajgiri district, without reference of the Gazette Notification R.R. No. 83, - by Joint Collector, Ranga Reddy vide File No. communicated E5/4730/Quthbullapur/Gajularamaram dated 25.09.2013 and Deputy Collector and Tahasildar Quthbullapur Mandal, File No. 8158312012 daled 17.O2.2012. =/ 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.3 herein to receive and register the Gift Deed presented by the Petitioner in respect of Semi-furniShed Flat No.401 (in Fourth Floor), of "SANDHYA SYMPHONY" with built up area of 17300.0 Sq feets (including common area and parking), along with an Undivided share of land admeasuring 59.0 Sq.Yds (Out of 600.0 Sq.Yds), in Plot No.P-77, 78 & 79 of Mahadevapuram Residential Project Phase-ll, in Sy. No. 239/9 & 32917 Pad, situated at Gajularamaram Village, Quthbullapur Mandal, Under GHMC Circle, Medchal Malkajgiri district, without reference of the Gazette Notification R.R No. 83, communicated by Joint Collector, Ranga Reddy vide File No. E5l4730/Quthbullapur/Gajularamaram dated 25.09.2013 and Deputy Collector & Tahasildar Quthbullapur Mandal, File No. 8,158312012 daled 17.02.20't2, pending disposal of the above writ petition. Counsel for the Petitioner: SRI K. RAGHAVENDRA REDDY Counsel forthe Respondents No.1 to 5: GP FOR STAMPS AND REGISTRATION Counsel for the Respondent No.6: SRI K. RAVI MAHENDER, S.C. FOR GHMC The Court made the following: ORDER I

7. SK, J WP tt713_2o25 THE I{ONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.11753 of 2O2S ORDER: 1 Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps & Registration, appearing for the respondents. 2 The learned Cotrnsel for the petitioner would submit that the petitioner filed the instant writ petition questioning the action of the respondent No.3 in not receiving, registering and releasing the Gift Deed presented by the petitioner 1n respect of the Serni Furnished Flat No.4Ol., 4tl. Floor of "sandhya Syrnphony", with built up area of 173O.OO Sq.Feets (including Qornrnon Area and parking) , along with undivided share of land adrneasuring to an extent of 59 Sq.Yards (out of 600 Sq.Yards), in plot Nos.77, 78 & 79, sitrrated at Mahadevprlrarn Residentia_l Project Phase-III, 1n Sy.No.329/9 and 329/7, Part, situated 2 SK, J WP_l1755_2025 Y t aL Gajularamaram Village, Qutbbullapur Mandal under GHMC Circle, Medcha,l Malkajgiri District (hereinafter referred as 'sr-rbject property'), on the ground that the subject survey nurnbers were notified AS prohibited property under Section 22-A of the Registration Act, vide Gazette Notification RR No.83, vide File N o.ES / 47 3 O / Qr--rthbullapur/ Gaj ulararnararn, dated 25.O9.2O13 and Deputy Collector & Tahsildar, Qutbullapur Mandal, file No.B/583/2012 dated 17.02.2012, contrary to the Cornrnon Order dated 22.03.2024 passed 1n W.P.Nos.9645 of 2021 and 26353 of 2023. He further sr-rbrnits that by following the said cornmon order, this Court a-lso recently passed order! on 15.04.2C-25 in W.P.No.288O3 of 2023 and reqr-rested pass sirnilar order directing the respondents to receive, register and release tlre subject docurnent presented by the petitioner. ---7 3 SK, J WP_1i7SJ_2o25

3. The learned Assistant Governrnent Pleader for Starnps and Registration did not dispute the sr-rbrnissions rnade by the learned Cor-rnsel for the petitioner about the comrnon order dated 22.O3.2024 passed by this Court in W.P.Nos.9645 of 2021 and 26353 of 2023.

4. In view of the subrnissions made by both sides, this Writ Petition is disposed of by directing the respondent No.3/Sub-Registrar, Quthbullapur, Medchal-Malkajgiri District, to receive and register and release the subject docurnent presented by the petitioner, without reference to the Ga-ette Notification No.83, cornrnunicated bv the Joint Collector, Ranga Reddy File No. E 1 5 / 473O / Qutbullapur/ Gajularamrarn dated 25.09.2013 and the Deputy Collector gr Tahsildar, Qutbullapur Mandal, in File No.B/583/2012 dated I 4 SK, J WP_11753_2025

17.o2.20t2, on cornpliance of the provisions of the Registration Act, 19O8 and Indian Starnp Act, 1899. However, there shall be no order as to costs.

5. Miscellaneous petitions pending, if any, sha-I1 also stand closed. //TRUE COPY// Sd/- P. PADMANABHA FEDDY DEPUTY REGISTRAR sEcfloN o'prrcen (Revenue), State of Telangana, Secretariat, To,

1. The PrinciPal Secretary Hyderabad.

2.TheDistrictRegistrar,MedchalMalka|giri,MedchalMalkajgiriDistrict. 3. The Sub- Registrar, Quthbullapur, Medchal - Malkajgiri District' 4. The District Collector, Medchal - Malkajgiri District' 5.TheTahsildar,QuthbullapurMandal,Medchal-MalkalgiriDistrict' 6. The Deputy Commissioner, Circle No'26, Kukatpally Zone GHMC' Hvd erabad e cC to SRI K. RAGHAVE NDRA REDDY, Advocate [OPUC] 7 B. Two CCs to GP for Stamps and Registration, High Court for the State of Telangana at HYderabad. [OUT]

9. One CC to SRI K. RAVI MAHENDER, S'C' for GHMC [OPUC] 10.Two CD CoPies MP HIGH COURT SK,J DATED:2910412025 o rt:14 Y)i- .9 +l '7 .\ \rs \. ;.\ 2., "J ; -. ,1.i i ,:- .r! ,,' ,:/ ORDER WP.No.11753 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS "t+{ * 6\

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