✦ High Court of India · 16 Jun 2025

High Court · 2025

Case Details High Court of India · 16 Jun 2025
Court
High Court of India
Decided
16 Jun 2025
Bench
Not available
Length
1,544 words

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 an Order, Direction or Writ more particularly one in the nature of Writ of lVlandamus declaring the action of the Respondent No.3 in passing the refusal order vide No. 16712025 dated 24.O5.2025 in furtherance of the Circular Memo No.G3/324712018 dated 0'1 .05.20'1 9 in respect of total extent admeasuring 33880 sq.yds equivalent to Ac. 7-00 Guntas in Sy.No.17l2 situated at, Ciuttlabegumpet Village, Serilingampally Mandal, Under GHMC, Serilingampally Circle, Ranga Reddy District, Telangana State on the ground of not producing the NALA conversion certificate on the name of executant as illegal, arbitrary violative of Articles 14, 19, 21 , 31-A, 265 and 300-4 of the Constitution of lndia and consequently direct the Respondent No.3 to register and release the Development Agreement cum Generar power of Attorney vide No. p-351 of 2025dated 24-05-2025 without reference to the circular Memo No.G3/324712018 dated 0'l .05.2019. 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 to register and release the document vide pending Doct No. P-3511202s dared 24.o5.2o25 presented by the petitioner in respect of total extent admeasuring 33880 sq.yds equivalent to Ac. 7-00 Guntas in sy.No.1712 situated at, Gutflabegumpet Viflage, Seriringampaly Mandar, Under GHMC, serilingampaly circre, Ranga Reddy District, Terangana State, pending disposal of the Writ Petition. Counsel for the Petitioner: SRI ESLAVATH RAJU counsel for the Respondents: AGp FoR srAMps AND REGrsrRATroN The Court made the following: ORDER a-/ // L THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.16194 of 2025 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration for the respondents. With their consent, this Writ petition is disposed of at the stage of admission itself.

2. Learned counsel for the petitioner submits that the issue involved in this writ petition is squarely covered by the order passed by this Court in W.P.No.27322 of 2024 dated 04.10.2024 and requested to pass similar order in this matter.

3. Learned Government Pleader for Stamps and Registration has not disputed the submission made by the learned counsel for the petitioner.

4. In terms of the order passed in W.P.No.27322 of 2024 dated O4.1O.2O24 and for the reasons mentioned therein, this Writ Petition is disposed of w-ith a direction to : the Registering Authority to receive, register and release the 2 SK, J wP r 6 19,1 2025 subject document bearing No.P-351 of 2025 dated 24.05.2025, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of copy of this order without insisting for the proceedings of NALA Tax under the provisions of the Telangara Agricultural Land (Conversion for nonagricultura-l Purposes) Act, 2006. It is also open to the Registering Authority to refuse to register the subject document, by specifically assign the reasons in terms of Section 71 of the Act, 1908 and communicate the said decision to the petitioner. It is needless to mention that the petitioner sha,ll pay the Nala tax as per the provisions of The Telangana Agricultural Land (Conversion for Non Agricultural Purposes) Act, 2006, as and when demanded by the appropriate authorities under the said Act. No order as to costs. 3 SK, J WP rri 19+ 2025 5 Registry is directed to annex copy of the order in l W.P.No.27322 of 2024 dated O4.1O.2O24 along with this order.

6. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. //TRUE COPY// ,.<) SD/-MOHD. ISMAIL DEPUW REGISTRAR SECTION OFFICER To, 1 The Principal Secretary, Revenue Department, Secretariat, Hyderabad, State of Telangana. tamps and Registration), \

2. The District Registrar, Ranga Reddy District, Moosapet, RangaReddy Hyderabad.

3. The Jcint Sub Registrar-1 , RangaReddy (R.O) 4. One CC to SRI ESLAVATH RAJU, Advocate [OPUC] 5. Two CCs to GP FOR STAIVPS AND REGISTRATION, High Court for the State of Telangana at Hyderabad [OUT]

6. Two CD Copies (Along with the copy of order dated 04.10.2024, in W.P.No.27322 of 2024) BSR GJP 6 HIGH COURT DATED:1610612025 j It ORDER WP.No.16194 of 2025 1He srA .6' \\o o e, 21 J|JN 2U5 2 t o6:s r,ATc t-t(;l DISPOSING OF THE WRIT PETITION, WITHOUT COSTS gfT'I %Ftu THE HONOURABLE SRI JUSTICE N,V.SHRAVAN KUMAR WRIT PETITION N0.27322 of 2024 ORDER This Writ Petition has been frled to issue an Order more particularly one in the nature of writ of mandamus, declaring the action of the respondent No.2 in refusing to release the Joint Development Agreement cum Irrevocable General power of Attorney Document bearing No.P2/2024, dated 03.01.2O24 in respect of land admeasuring 19,360 square yards (equivalent to Ac.4-00 guntas) in Sy.No.262 comprising of 9,680 square yards (equivalent to. Ac.2-00 guntas) each in Sy.No.262/ (as per present pdnarri 262/ 262/ | and 847 square yards (equivalent to Ac.0-07 guntas) in Sy.No.124/ situated at Gopanpally (as per present pahani 262/ ) and Village, Serilingampalli Mandal, Ranga Reddy District as illegal, arbitrar,v and breach of statutory duty and also violative of Articles 14, 19 and 300-A' of the Constitution of India and further direct 2"d respondent to release the same without insisting for conversion into non-agricultural land.

2. When the matter is taken up for hearing, learned counsel for the petitioner(s) submits that the present writ petition is squarely covered by the order passed by this Court in W.P.No. 16005 of 2024 dated

02.O7.2024, wherein para No.20 reads as under:- "20. with petition is the aboue obseruations, this uLit disposed of directing the Registeing 2 Authoitg to receiue, register and release the subject document, subject to the petitioner complging u,tith the prouisions of the Indian Registration Act, 1908 and Indian Stamps Ac| 1899, as expeditiously as possible, preferably tuithin a peiod of three (O3) tueeks from the date of receipt of copy of this order utithout insisting for the proceedings of NALA Tax under the prouisions of the Telongana Agricuiturcti Land (Conuersion for non-agicultural Purposes) Act, 2O06. If is also open to the Registering Authoity to refuse to register the subject document, bg specificallg assign the reosons in tenns of Section 71 of the Act, 1908 and communicate the said decision to the petitioner. lt is needless to mention that the petitioner shalL pay the Nala tax as per the prouisions of The Telangana Agicultural Land (Conuersion for Non Agicultural htrposes) Act, 2006 as and u.then demanded by the appropiate authoities under the said Act. 21 . With the oboue obseruations and directions, this urit petition is disposed of."

3. Learned counsel for the petitioner(s) further pray this Court to dispose the present writ petition in terms of the order passed by this Court in W.P.No.16005 of 2024 datcd 02.O7.2024.

4. Learned Assistant Government Pleader for Stamps and Registration appearing for the respondents has fairly acceded the facts and submits that similar order may be passed in this writ petition.

5. In view of the submission made by learned counsel on either side and in view of the reasons alike in the order passed in W.P.No.16OO5 of 2024 dated 02.O7.2024, this writ petition is disposed of with a direction to the Registering Authority to receive, register and release the subject document bearing No.P2l2024, dated 03.O1.2024, J subject to the petitioner(s) complying with the provisions of the Indian Registration Act, 1908 and indian Stamps Act, 1899, as expeditiously as possible, preferably within a period of three (03) weeks from the date of receipt of copy of this order without insisting for the proceedings of NALA Tax under the provisions of the Telangana Agricultural Land (Conversion for non-agricultural purposes) Act,

2006. lt is also open to the Registering Authority to refuse to register the subject document, by specifically assigning the reasons in terms of Section 71 of the Act, 19O8 arrd communicate the said decision to the petitioner(s). It is needless to mention that the petitioner(s) shall pay the Nala tax as per the provisions of The Telangana Agricultural Land (Conversion for Non Agricultural Purposes) Act, 2006 as and when demanded by the appropriate authorities under the said Act. There shall be no order as to costs. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. Date:O4.10.2024 JUSTICE N.V.SHRAVAN KUMAR ;

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