✦ High Court of India · 02 May 2025

High Court · 2025

Case Details High Court of India · 02 May 2025
Court
High Court of India
Decided
02 May 2025
Bench
Not available
Length
1,496 words

3. Sri Dasari Srinu, S/o Late Dasarla Balaiah, Aged about 35 years, Occ. Agriculture, Rl/o H.No.119, Airport Colony, Shamshabad Village and Mandal, Ranga Reddy District ...pETrroNERS AND

1. The State of Telangana, Rep. by its 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. ...RESPONDENTS Petition under Article 226 of 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 in the riature 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.3-2751A11, PTIN No.1 199100635, admeasuring 2000 Sq.Yards., having plinth area of admeasuring 300 Sq.Feet, Covered by A.G.C., in Sy.Nos.219l1lA1 and 220111A1 , situated at Chinna Gollapally Village (Gollpally Khurd), Shamshabad Municipality, Shamshabad Mandal, Ranga Reddy District, on the ground that the survey numbers where the Petitioner's property is situated are notifled under as prohibited property under section 22-A of Registration Act, 1. As per the prohibitory watch register of this office, the above Sy.Nos.21911lA1 and 220111A1 , is covered under the Prohibition Register Under Section 22 (A) of Registration Act, 1908, vide Notified Gazzette No.G.O.Ms.No.786 dated 09-11-19S9, 2. As per the Tahsildhar Notification of Government Lands, the above Sy.Nos.21gl1lA1 and 22Ol1tA1, is classiiied as Patta acquired by Government, communicated by the Tahsildhar, Shamshabad, vide Lr.No.B/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/Al and 22Ot1lA1 is notified as Kharrij Khata Under-Section 22- A (1) (a), yide Lr.No.E5/4985/2013/Shamshabad/Chinna Gollapally dated 26-09-2013 (copies enclosed), is illegal, arbitrary, in violation of A(icles 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 and consequently direct the 2nd respondent herein to receive and register the Sale Deed in respect of all that the House bearing No.3-275/4/1 , PTIN No.1199100635, admeasuring 2000 Sq.Yards., having plinth area of admeasuring 300 Sq.Feet, Covered by A.C.C., in Sy.Nos.219/1/A1 and 22Ol1lA1 , situated at Chinna Gollapally Village (Gollpally Khurd), Shamshabad Municipality, Shamshabad Mandal, Ranga Reddy District, without reference of. 1. As per the prohibitory watch register of this office, the above Sy.Nos.21911lA1 and 22Ol1lA1 , is covered under the Prohibition Register Under Section 22 (A) of Registration Act, '1908, vide Notified Gazzelte No.G.O.Ms.No.786 dated 09-'1 1-1999, 2. As per the Tahsildhar Notification of Government Lands, the above Sy.Nos.219l1lA1 and 22Ol1lA1, is classified as Patta acquired by Government, communicated by the Tahsildhar, Shamshabad, vide Lr.No.B/23012O12 dated 09-03-2012 (copies enclosed) and 3. As per the District_Collector, Ranga Reddy District, Notificdtion, the above Sy. Nos.2'19l'l /Al and 22Ol1lA1 is hotified as Kharrij Khata Under Section 22- A (1) (a), vide Lr.No.E5/4985i2013/Shamshabad/Chinna Gollapally dated 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.3-275lA/1, PTIN No.1199100635, admeasuring 2000 Sq.Yards., having plinth area of admeasuring 300 Sq.Feet, Covered by A.C.C., in Sy.Nos.219l1/A1 and 220111A1, situated at Chinna Gollapally Village (Gollpally Khurd), shamshabad Municipality, shamshabad Mandal, Ranga Reddy District. without reference of. I. As per the prohibitory watch register of this offiie, the above sy.Nos.21gt1tA1 and 22Ol1lA1, is covered under the Prohibition Register Under Sectio n 22 (A) of Registration Act, 1908, vide Notified Gazzelle No.G.O.Ms.No.786 dated 09-11-1999, 2. As per the Tahsildhar Notification of Government Lands, the above Sy.Nos .21gt1lA1 aha 22Ol1lA1 , is classified as "Patta. acquired by Government", communicated by the Tahsildhar, Shamshabad, vide Lr.No.B/23O12O12 dated 09-03-2012 (copies enclosed) and 3 As per the District collector, Ranga Reddy District, Notification, the above sy.Nos.219l1/A'l and 22011tA1 are notified as Kharrij Khata Under Section 22- A (1) (a), vide Lr.No.E5/4985/2013/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 ORDER: WRIT PE"TITION No. 13908 of 2o25 Heard learned counsel appearing for the petitioners, Iearned 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 petitioners would submit that in similar matters of the same village, this Court passed Orders in Wp No.4g16 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 petitioners with regard to disposal of w.P.No.4816 of 2025 and further subrnits that ir the petitioners present sale deed by paying sufficient starnp duty, the registering authority will take appropriate decision and requested to pass appropriate orders. \ 2 SK, J wP 13908 2025 ,l

4. In view of the submissions made by the both sides and by following the Orders passed by this Court in W.P.No.4816 of 2025, dated 19.02.2025, this writ petition is disposed of. If the petitioners present the document for registration, the respondents are directed to receive the same and follow the directions issued in vinjannuri Raiagopala Chary and others Vs., State of Andhra Pradesh and otherst and also consider the order dated22.03.2024 passed by this Court in WP Nos.9645 of 2O2l and 26353 df 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 hled by the petitioners. The said proceedings shall be communicated to the petitioners.

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 I SECTIO OFFICER to", The Principal Secretary (Stamps and Registration)' State of Telangana , *:,.AY;'fl ;[,Itd,:..,.? BXo,..habad' .Ran ga Red dv District' lHlt#fr :*bilffifr,3ii'Hb#$:*qiqrs:iil,".:,n..,u,.., "' ielangana' [OUTI z. two CD CoPies (Along with a copy of Order dated 22J42025 in W'P'No'371 81 ol 20241 MBC HIGH COURT DATED: 0210512025 i ) _:\- ,.i =$ : .ii <,: 'a r_l $ /)-')- ORDER WP.No.13908 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS -------7 / THE HOITOURABLE SRI JUSTICE K.SARATH trI.P.No.37181 of 2024 This writ petition is filed questioning the action of the respondent No.3 in refusing to register and release the sale deed vide Document p.No.2SO/2024 dated tO.I2.2024 presented by the petitioner in respect of plot No.G_2/A admeasuring 2OO sq. yards in Sy.No.329/10 situated at Mahadevapuram Residential project phase_Ill, Gajularamaram Village under GHMC Circle, Medchal- Malkajgiri District, by the Intimation of Retusal No.g8 of 2024 dated 1 1.L2.2O24, as illegal and arbitrary.

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration.

3. t earned Assistant Government pleader for Stamps and Registration hds produced letter No.6/2025 dated O2.OI.2O2S 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.LO.2O24, 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.

4. In view of the submission of the learned Assistant 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 I1.12.2024 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 WSTICE K.SARATH

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