✦ High Court of India · 01 May 2025

High Court · 2025

Case Details High Court of India · 01 May 2025
Court
High Court of India
Decided
01 May 2025
Bench
Not available
Length
1,386 words

Sri Pinnamaraju Ujjwal Varma, S/o Pinnam.araju .Ramamurthy Ranga Reddy District, T.S. "iori Raju'. Aged 5o v"j,t,'Oc'6. Business, Ryo Flat No.406, Block- B, Aspire Madhapur' ...pE,TtoNER AND Reoistration), Secretariat, Hyderabad'

1. The State of Telangana, Rep. by its Principal Secretary (Stam 2. il; s;b'R;iiistiir, Sr,arshibad, Ransa Reddv District' 3. The Collectoi, Ranga Reddy District. i. t" iir,irildir, Shimshabid lt/andal, Ranga Reddy District' ps and ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstancesstatedintheaffidavitfiledtherewith,theHighCourtmaybe pleased to issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent i'e'' The Sub Registrar,shamshabad,RangaReddyDistrict,inrefusingtoreceiveandregister the sale Deed in respect of all that the House bearing No.3-63i 1/Ai 1/R24' (old H.No.3-303/A/liSouth Side), PTN No 1199131069' admeasuring 1000 Sq.Yards., having-plinth area of admeasuring 360 Sq'Feet'' Covered by A'C C ' inSy.No.2,19/1/Al,situatedatChinnaGollpallyVillage(GollapallyKhurd), Shamshabad Municipality, Shamshabad Mandal, Ranga Reddy District' on the groundthatthesurveynumberswherethePetitioner,spropertyissituatedare notifiedunderasprohibitedpropertyunderSection22.AofRegistrationAct,l. As per the prohibitory watch register of this office' the above Sy No'219/1/Af is covered under the Prohibition Register Under Section 22 (A) of Registration Act' 1908,videNotifiedGazzetleNo.G.o.Ms.No.7B6dated09.11-1999'2.ASperthe Tahsildhar Notification of Government Lands, the above Sy'No'219/1/Al' is classifiedasPattaacquiredbyGovernment,communicatedbytheTahsildhar' Shamshabad, vide Lr.No.B/2 3ot2}12 dated 09-03-2012 (copies enclosed) and 3' As per the District collector, Ranga Reddy District, Notification, the' above Sy.No.219l1/A1 is notified as Kharrij Khata Under Section 22- A (1) (a)' vide Lr.No.E5/4985/2013/Shamshabad/chinna Gollapally dated 26-09-20'1 3 (copies enclosed), is illegal, arbitrary, in violation of Articles 14' 21 and 300-A of eonstitution of lndia and also in violation of Regisfration Act, 1908, besides in violation of Principles of Natural Justice and consequently direct the 2nd respondent herein to receive and register the Sale Deed in respect of all that the House bearing No.3-63/1/Al1lR24, (Old H.No.3-303/A/1/South Side), PTN No.1 't 99131069, admeasuring 1000 Sq.Yards., having plinth area of admeasuring 360 Sq.Feet., covered by A.c.c., in sy.No.219l1/A1 , situated at chinna Gollpally Village (Gollapally Khurd), shamshabad Municipality, shamshabad Mandal, Ranga Reddy District, without reference of. 1. As per the prohibitory watch register of this office, the above sy.No.219/1/A1 , is covered under the Prohibition Register Under section 22 (A) of 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.No.219l'l /Al, is classified as Patta acquired by Government, communicated by the Tahsildhar' Shamshabad, vide Lr.No.B/23Ot2O12 dated 09-03-2012 (copies enclosed) and 3. As per the District collector, Ranga Reddy District, Notification, the above Sy.No.219/1/A1 is notified as Kharrij Khata Under Section 22- A (1) (a), vide Lr.No.E5/4985/2013/Shamshabad/chinna Gollapally daled 26-09-2013 (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 pleased to direct the respondent No.2 herein to receive and register the sale Deed in respect of all that the House bearing No.3-63/1/A/1/R24, (Old H'No'3- 303/A/1/South Side), PTN No.1199'131069, adme.,)suring 1000 Sq'Yards', having plinth area of admeasuring 360 Sq.Feet',' Covered by A'C'C'' in Sy.No.219i 1/Al, situated at chinna Gollpally village (Gollapally Khurd), Shamshabad tVlunicipality, shamshabad Mandal, Ranga Reddy District, without reference of. 1. As per the prohibitory watch register of this office, the above -------7 i Sy.No.219l1/Al, is covered under the Prohibition Register Under Section 22 (A) of Registration Act, 1908, vide Notified Gazzette No.G.O.tVIs.No.786 dated 09- 1 1-1999, 2. As per the Tahsildhar Notification of Government Lands, the above Sy.No.219l1/A1 , is classified as "Patta acquired by Government", communicated by the Tahsildhar, Shamshabad, vide Lr.No.8/23012012 dated 09-03-20t2 (copies enclosed) and 3. As per the District Coltebtor, Ranga Reddy District, Notification, the above Sy.No.219l1/A1 is notified as Kharrij Khata Under Section 22- A (1) (a), vide Lr. No. E5/4985/201 3/Shamshabad/Chinna Gollapally dated 26- 09-2013 (copies enclosed), pending disposal of the above writ petition Counsel for the Petitioner: SRI KATIKA RAVINDER REDDY Counsel for Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.13719 of 2025 ORDER: Heard learned counsel appearirrg for the petitioner, leained 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.

2. Learned counsel appearing for the petitioner would submit that in similar matters of the same village, this Court passed Orders in WP No.4816 ol 2025, dated 19.02.2025 and requested to pass similar order in this matter a-1so.

3. The learned Assistant Government Pleader for Stamps ald 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 petitioner presents sa,le deed by paying suflicient stamp duty, the registering authority will take appropriate decision and requested to pass appropriate orders. 4; In view of the submissions made bv the both sides and by following the Orders passed by this Court in I I 2 SI(, J W.P.No.73779 ol 2025 W.P.No.4816 of 2025, dated 19.02.2025, this writ petition is disposed of. If the petitioner presents the document for registration, the respondents are directed to receive the same and follow the directions issued in Vinjamuri Rajagopala Chary and others Vs., Stqte of Andhra Prqdesh and otherst and also consider the order dated 22.03.2024 passed by this Court in WP Nos.9645 of 2021 and 26353 of 2023, for arriving at a conclusion and thereafter pass appropriate proceedings in accordance with law, within four (4) weeks from the date of receipt of the document frled 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. //TRUE COPY// SD/-N. SRIHARI DEPUW REGISTRAR SECTI OFFICER The Sub Registrar, Shamshabad, Ranga Reddy District' The Collectoi, Ranga Reddy District. The iahasildir, Sh"amshabad Mandal, Ranga Redda District' One CC to Sri Katika Ravinder Reddy Advobate [OPUC] Two CCs to GP For Stamps And Registration ,High Court for the State oI Telangana. [OUTI Two CD Copies To, 1 2 4 5

6. MBC GJP HIGH COURT DATED: 0110512025 0 it ( ) tl, J .$' s $' /r C lr,t 'r ORDER WP.No.13719 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 7 L- THE HONOURABLE SRI JUSTICE K.SARATH w.P. No.3718 I of 2024 This writ petition is Iiled questioning the action of the respondent No.3 in refusing to register and release the sale deed vide Document p.No.2SO/2024 dated 10.12.2024 presented by the petitioner 1n respect of plot No.G_2/A sq. yards 1n Sy.No.329/ 1O situated at admeasuring 200 Mahadevapuram Residential project phase_Ill, Gajularamaram Village under GHMC Circle, Medchal_ Malkajgiri District, by the Intimation of Refusa_l No.gg of 2024 dated 11.72.2024, as illegal and arbitrary.

2. Heard learned counsel for the petitioner and learned Assistant Government pleader for Stamps and Registration. 3. Learned Assistant Government pleader for Stamps and Registration has produced letter No.6/2025 d.ated, O2.O1.2025 issued by the respondent No.3_Sub_Registrar stating that for compliance- of the orders of this Court in W.p.No.29Og9 dated 18.10.2024, the petitioner has to represent the sale deed before the respondent No.3 and if the petitioner presents the said sale deed for registration, they will receive the same 2 SK, J W.P.No.37181 of 2024 and examine the recitals of the document as per the provisions of Indian Stamp Act, 1899, Registration Act, 1908 and after following the instructions of the Government issued in the matter from time to time, they will register the document if otherwise in order and the same will be returned to the petitioner. In view of the submission of the learned Assistant 4. Government Pleader for Stamps and Registration, the Writ Petition is disposed of by setting aside the impugned Intimation of Refusal No.88 of 2024 dated 7l'12 2024 and the respondent No.3 is directed to register and release the subject document subject to the petitioner complying with the provisions of the Registration Act, 1908 as well as the Indian Stamp Act, 1899. No order as to costs.

5. Miscellaneous Applications, if any pending in this writ petition, shall stand closed. Date:22.O4.2025 JUSTICE K.SARATH

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