Mr. Shalaish Prasad Mathur v. 1. The State of Telangana

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 a Writ, Order or direction more particularly in the form of Writ of Mandamus, declaring the action of the Third respondent in not entertaining and registering the sale deed presented by the Petitioner in respect of the land in Plot 102, in Survey no.231 Part and 316 Part admeasuring 333.33 square yards equivalent to 278.66 square metres situated at Gopanapally Village, serilinganpally Mandal, Rangareddy District on the specious ground that the Survey no. 3'16 admeasuring 16.27 acres is in the prohibited list pursuant to the letter of the Fourth Respondent Lr no. E,l2g2sl2o21 dared 10th June 2021, as being arbi rary illegal and contrary to the provisions of Article 14 and 300-4 of constitution of lndia and consequently direct the Third Respondent to forthwith receive anl register the sale deed to be presented by the petitioner in respect of the land in Plot No. '102, admeasuring one 333.33 square yards in Survey no.231 Part and :i16 Part of Gopanpally Village, Serilingampally Mandal, Rangareddy District. lA NO: 1 OF 2024 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'l'hird respondent to forthwith receive and register the sale deed to be presented by the Petitioner in respect of plot no. 102 in survey no. 231 part and 316 Parl admeasuring 333.33 'square yards in Gopanpally Village, serilingampally Mandal, Rangareddy District, as otherwise the petitioners will suffer grave and irreparable loss. IA NO: 2 OF 2025 Between: 1 . Mrs. .lyoti Varma W/o. Mr Abhishek Varma, Aged 43 years, Occpn Teacher 2. Mrs. Vaishali Varma W/o Aadesh Varma, Aged about 40 years, Occpn Business Both- Rl/o. H.No.3-6-380, St. No.2 Himayath Nagar Hyderabad _ Telangana 500 029. AND ...PETITIONERS/PROPOSED RESPONDENTS 5 & 6 1. Mr. Shalaish Prasad Mathur, S/o Sri Manohar prasad Mathur. aqed about 58 y.ears, Occ_._Private Service R/o. 4, Butia Way, Stanhope OirObnS, New-Stui[ Wales 2768 rep. by his registered Generdt power'of Aiioln6V li;Ee-iD;. Sidha th prasail M jthur sro" r_lte rraanoh;i ir#;A il;tiil' aitj'XLlilt "s'd years, Occ. Doctor R/o Flat No. 1 10, Manohar Bhavan, gehiiO puniagiltti Market, Hyderabad-82 ...RESPONDENT/PETITIONER 2 The State of Telanoana. Reo. by its Principal Secretary (Revenue) Stamps and R,rgistration De"partment,' Seireiiriai, i]liotri'U-Ja-'-'

3. The District Registrar, Ranga Reddy District, Hyderabad 4. The Sub Registrar, Serlingampally, Ranga Reddy District 5. The District Collector, Ranga Reddy District ...RESPON DENTS/RESPONDENTS 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.4 to register the Mortgage deed presented by the petitioners in favour of the Commissioner GHMC for construction of their house in respect of property bearing Plot no. 102 in Survey no. 231 Part and 316 Part, admeasuring 333.33 square yards in Gopanpally Village, Serilingampally Mandal, Rangareddy District in the interest of justice. Counsel for the Petitioner: SRI AADESH VARMA Counsel for the Respondents No.1 to 4: AGP FOR STAMPS AND REGISTRATION Counsel for the Respondent Nos.S & 6: SRI PRANAV THAKAR The Court made the following: ORDER I I I I I I ; i IN TTI:E HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTICE K.SARATH WRIT No.1 of 20.24 Date: OgrH December 2025l Between: Mr. Shalaish Prasad Mathur AND ...Petitioner The State of relangana, Rep. by its Principal Secretalv (Revenue), Stamps and Registration Department, Secretariat, Hyderabad B: Five others. ...Respondents ORDER: Heard Sri Aadesh Varma, learned counsel appearing for the petitioner, k:arned Assistant Government pleader for Stamps and Registration appearing for the respondents, Sri Pranav Thakar, learned counsel for respondent Nos.5 and 6 and perused the material on record.

2. Learne<l counsel for the petitioner submits that the petitioner filed the present Writ Petition seeking to declare the action of respondent Ito.3 in not refusing to entertain and register the sale deed presented by the petitioner in respect of the land in Plot No. tO2 in S-v.No.231 Part and 316 Part admeasuring 333.33 Sq.yards (equivalent to 278.66 sq.metres), situated at Gopanapally viltage, Serilingampally Il\ \ 2 i. "r Mandal, Rangared.dy District, on the ground that Sy.No.316 admeasuring Ac. 16.27 guntas is in the prohibited list pursuant to the letter dated 10.06 .2021 issued by respondent No.4 uide Lr.No.E5l2825l2o2l, as illegal and arbitrary. In view of the same, learned counsel requested this Court to allow the Writ Petition by directing the respondent authorities to receive and register the sale deed presented by the petitioner in respect of the subject property.

3. On the other hand, learned Assistant Government Pleader for Stamps and Registration submits that pursuant to the interim order dated 25.06.2024, the respondent authorities have received and registered the document presented by the petitioner. However, the respondent Nos.S and 6 now seek to register another document. In view of the interim order dated 25.06.2024, tlne respondent authorities cannot receive any documents presented by respondent Nos.5 and 6 without the permission of this Court. Furthermore, subsequent to the filing of the Writ Petition, the impugned letter dated 10.06.202l uide Lr.No.ES 1282512C21 was set-aside by this Court and the competent authority has issued a revised list of prohibited properties. [n view of the same, if the petitioner presents the document before the Registering authority, the respondents will receive the same and follow the procedure. If there a-re any objections, appropriate orders shall be passed as contemplated under Section 7l of the Registration Act, 1908 q t I I I I I i I I I I i I I i ) ) g 3 (for short, "the Act, 1908"). Therefore, learned Assistant Government Pleader har; requested this court to pass appropriate orders. 4 The siection Tr of the Act, r90g, reads as foilows: Reesons lor refus;rl ro register to be recordecl._ (1) Every Sr-ib-Regisrrar refusing Lo r.egisLer a document, except on the ground that the propert), [o wrrich it relates is not situated r,r'ithin his sub-district shalr make an order of refusal and recorded his reasons for such order in his Book No.2, and endorse the vi,ords ,,registration ref*sed" on the clocumert; and, or-r erppricati.n made by. any person executing or claiming under the document, shall, without payment and unncccssary dela,y, give hirn a cc,py of the reasons so recorded. (2) No registering officer shall acce,t for registration a document so endorsed unless and until, under the prolisions hereinafter contained, the document is direr:ted to be registerecl. 5' In view of the aforesaid submissions, coupled with the provisions under Section 71 of the Act, 190g, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document in respect of the subject property, subject to the petitioner conrplying with the provisions of the Act, lgog as rvell as the Indian Stamp Act, 1Bgg. It w,l be open to the Registering Authority to refuse the dor:ument presented before him, if he has any objection, by duly assignin{l reasons in support of such decision and communicate the same to the petitioner thereon. It is made clear that this court has 1 \ t I i I ; I ( \ .(, I:JIt +t 4 not expressed any opinion on the merits of the case or the entitlement of the petitioner to get the subject document registered' There shall be no order as to costs. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed //,RUE coPY// Sd/-T.SruNi?ASA REDDY ASSISTANT REGISTRAR ,' (9 SECTION OFFICER To

1. The Principal secre_tary (Revenue) stamps and Registration Department' State of Teiangana, Secretariat, Hyderabacl'

2.TheDistrictRegistrar,RangaReddyDistrict,Hyderabad

3.TheSubRegistrar,serlingampally,RangaReddyDistrict' 4. The District Collector, Ranga Reddy District' 5 One CC to SRI AADESH VARMA, Advocate IOPUC] 6. Two CCs to GP for Stamps qnd Registration, High court for the State of Tetangana at HYderabad. [OUT] I

7. One CC to SRI PRANAV THAKAR, Advocate [OPUC] 8. Two CD CoPies MP PMK ld:,' -L- HIGH COURT DATED:09/1 212025 ORDER WP.No.15966 of 2024 I It I B 0 m2$ * DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ (, d" I ! ! I I I i ! i t I I 7 i I I I I I I I I, I f I f i i .i I i !