Tandra Nirmala v. 1'. The State of Telangana

Petition under Article 226 of lhe 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 particularly one in the nature of writ of Mandamus declaring the action of the Sth respondent in not receiving and registering the documents presented by the petitioners in respect of plot Nos.34 in Sy. Nos. 550/A, admeasuring 267 sq. yards of Sri Sai City Raigir village, Jammapur Gram Panchayath, Bhongir Mandal, Yadadribhongir District, relying on the Memo No.G2154O2t2016, dt.o9t12l2o19 issued by the 2nd respondent by including the list of properties of Gangster Nayeemuddin Nayeem under section 22A of Registration Act 1g0B and also the letter issued in crime No 165/crime BGR Rural/20 16, dt.2(tlo9l2o16 and also the letter issued in crime No 160/crime BQff Rural/2016 dated 2910812016 issued by the 3rd respondent and also the pendency of the suit in oS No 117 ol 2o1s on the file of t'r,: cou( of the Senior civil Judge Bhongir as the same is illegal arbitrary and contrary to the provisions of section 22A of Registration Act 190g and consequenfly declare the Memo No.G215402/2016, dt.09t12t2019 issued by the 2nd. respondent and letters issued in C No 165/Crime BGR Rural/2016 and C lrlo 160/Crime BGR Rural/2016, dt-29r0812.016 issued by the 3rd respondenl as ilregal arbitrary without jurisdiction and same is liable to be set aside. LA.NO:1 OF 2021 Petition Under section 1 5 i cpc praying that in the r;ircumstances stated in the affidavit filed in sr:pport of the petition, the High cout may be pleased to direct the respondents, 4 and 5 to receive, register and rerease the documents presenled by the petitioners in respect of the prot Nos. 34 in sy. No. 550/4, admeasuring 267 sq. yards of Sri Sai City Raigir village, Jammapur Gram. Panchayath, Bhongir IVandar, yadadribhongir District, without reference to the letters dated 0911212019 (2ol1ol2o16) oI 2nd respondert and retter dated 2910812016 of 3rd respondent and also the order in 1.A.No.S17 of 2005 in o.S.No.117 of 2005 datecr 15/09/2005 pending disposar of the writ petition. Counsel for the Petitioner : SRI K.JAGADISHWAR REDDy Counsel for the Respondent Nos.1 , 2, 4 & S: AGp FOR RE\/ENUE Counsel for the Respondent No.3 : AGp FOR HOME The Court made the following ORDER -J1 THE HONOURABLE SRIJUSTICE N.V.SHRAVAN KUMAR WRITPETITIO N No.20003 of 2021 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registrations appearjng for respondent Nos.1,2,4 & 5, Learned Government pleader for Stamps and Registration and learned Government Pleader for Home appearing for respondent No.3. With their consent, this writ petition is being taken up for disposar at the admission stage itself. I 2 This writpetition is filed seeking the following prayer:_ , "t:,i:su? a writ.order or direction particularly one in the nolure of l{rit bf ltlandamus declaring the action of the 5th iespondent in not receiving and. registering lhe document.s presented by the petitioners in respect of plot Nos. 34 in Sy. Nos. 550/A admeasuring 26i sq yard.s ofSri iai City lliqir vilkge Jammapur Gram paichayath' Bhoigir Mandat Yadadribhongir District relying on lhe Memo No.G2/540)/2016 dated 09/12/2019 issued by the 2nd resporulent by including the list of properties of Gangster Nayeemuddin Nayeem under ,"ition 22_,1 iy Registration Act, 1908 ond also the letter issued in Crime No.l65/Crim-e BGR Rural/2016 dated 29/08/2016 and also the lertur issued in Crime No.l60/Crime BGR Rural/2016 dated 29/0g/2016 issued by the 3rd rlspo^yden1 and also the pendency of the suit in O.S.No l 17 of 2015 on the file of the Court of the Senior Civil Judge, Bhongir as the same is illegal orbitrary ond contrary to the pro;isions oJ section 22_A of Registration Act 1908 and consequently, declari the Memo No. G2/5402/2016 dated 09/12/2019 issued by the 2nd respondqnt and letters issued in C. No.l65/Crime BGR Rurat/2016 and C.No.I60/Crime BGR Rural/2016 dated 29/08/2016 issued by the 3rd respondent as illegal arbitrary withoutjurisdiction and same is liable to be set aside.,,

3. Today when the matter has been taken up for hearing, learned counsel for the petitioner submitted that in similar circumstances this Court in 2 W.P.No.16787 of 202L and batch dated 25.03.2022, has passed the following "12. For th,:. aforesaid reasons, all these writ petitions dre allowed. The impugned communication in Letter No.ROR- 1/1140/2019 dated 05.12.2019 issued by respondent iVo.2 and Memo No.G2/.5102/2016 dated 09.12.2019 issued by ,espondent No.3 are set oside. Respondent No-5 is directed to r'zceive and register the documents ti be presentecl by the petitioner tn respect of the subject ktnds in these three writ petitions. No order as to costs."

4. Learned counsel for the petitioner further submits that the suit in O.S.No.117 of 2015 on the file of learned Senior Civil .[udge, Bhongir was dismissed and prayed this Court to pass similar orrler as passed in W.P.No.16787 of 202L and batch dated 25.03.2022.

5.' Learned Assistant Government Pleader for Stamps and Regiskation appearing for respondents has fairly acceded to the same.

6. Recording th,: above submission made by learne,f counsel on either side, and in terms of order passed by this Court in W.P.No.15787 of 2021, and batch dated 25.03.2022, and in view of dismissal of suit in tl.S.No-117 of 2015 vide its order dated 06.1,0.2017, this Writ Petition is allowed and Registering Authority is directed to receive the subject documenl. presented by the petitioner without reference to letter dated, 29.O8.201,6 issued by respondent No.3 and Memo No.G2/5402/201,6 dated09.12.2019 issued by 2"d respondent and shall pass appropriate orders, as expeditiously as possible, preferably, within a period of three (03) weeks from the date of receipt of copy of this order, subject to the petitioner complying with the provisions of the Indian J Registration Act, 190& and Indiaa Stamps Act, 1g99. It is made clear that mere tegistration of the sublect document does not con{er title on the subject property and it is also made clear that this order would not.have any bearing on all those matters where title/rights of the parties are pending before the authorities either in revision/appeals for adjudication and in any other case, this order also does not preclude the parties in asserting their rights before a competent Court of law.

7. with the above directions, this writ petition is anowed. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. il?ili"i:#{l}i.;..*T*1"1i""3"fH=-*tlt I on this sand and TwentY four' MANABH TANT RE P. PAD SI A REDDY. GISTRAR I'TRUE COPYI/ ECTTON OFFIC ER To '1 .

2. The derabad.

3. The lnsP cretary' Revenue (StamPs and Regist ration) DePartment' of Telang r and lnsP ahi Mark ice., Cho ri Yadadri Bhong tamPs and R r., S The PrinciPal Se Secretariat, State Commissione DePartm ent. Mojami ector of Pol Rural Circle, Bhongt Registra istrict. ana at HY ector, General Sta mPs and Registrations rabad- ircle-cum ln-charge' SIT Bhongtr et, HYde utuPPal Rural c ir District egistratio ns and Assurances Bhongtr' gistrar' Stamps and Registrations' Bhongtr' Bhongiri Yadadri 6. lwo \-Cs to GP FOR REVENUE' High Court for the State of Telangana at R HOME, High Court for the State of Telangana at

4. The District Nalgonda D The Sub-Re Bhong ir Distr ct 5 AGADISHWAR REDDY' AdVOCAIE IOPUC] Hydera 7. Two CC bad. [O UTI FO stoGP d. tourl Hyderaba One CC to SRI K.J iwo CD CoPies \A--

8. 9. SA GJP J HIGH COURT DATED:23 t}lt2OZs ORDER WP.No.20003 of 2021 s.T^rF ? z C; +' ; 15 x,q ffit .t OES,,l\r ALLOWING THE W.P WITHOUT COSTS. (r >)

Petition under Article 226 of lhe 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 particularly one in the nature of writ of Mandamus declaring the action of the Sth respondent in not receiving and registering the documents presented by the petitioners in respect of plot Nos.34 in Sy. Nos. 550/A, admeasuring 267 sq. yards of Sri Sai City Raigir village, Jammapur Gram Panchayath, Bhongir Mandal, Yadadribhongir District, relying on the Memo No.G2154O2t2016, dt.o9t12l2o19 issued by the 2nd respondent by including the list of properties of Gangster Nayeemuddin Nayeem under section 22A of Registration Act 1g0B and also the letter issued in crime No 165/crime BGR Rural/20 16, dt.2(tlo9l2o16 and also the letter issued in crime No 160/crime BQff Rural/2016 dated 2910812016 issued by the 3rd respondent and also the pendency of the suit in oS No 117 ol 2o1s on the file of t'r,: cou( of the Senior civil Judge Bhongir as the same is illegal arbitrary and contrary to the provisions of section 22A of Registration Act 190g and consequenfly declare the Memo No.G215402/2016, dt.09t12t2019 issued by the 2nd. respondent and letters issued in C No 165/Crime BGR Rural/2016 and C lrlo 160/Crime BGR Rural/2016, dt-29r0812.016 issued by the 3rd respondenl as ilregal arbitrary without jurisdiction and same is liable to be set aside. LA.NO:1 OF 2021 Petition Under section 1 5 i cpc praying that in the r;ircumstances stated in the affidavit filed in sr:pport of the petition, the High cout may be pleased to direct the respondents, 4 and 5 to receive, register and rerease the documents presenled by the petitioners in respect of the prot Nos. 34 in sy. No. 550/4, admeasuring 267 sq. yards of Sri Sai City Raigir village, Jammapur Gram. Panchayath, Bhongir IVandar, yadadribhongir District, without reference to the letters dated 0911212019 (2ol1ol2o16) oI 2nd respondert and retter dated 2910812016 of 3rd respondent and also the order in 1.A.No.S17 of 2005 in o.S.No.117 of 2005 datecr 15/09/2005 pending disposar of the writ petition. Counsel for the Petitioner : SRI K.JAGADISHWAR REDDy Counsel for the Respondent Nos.1 , 2, 4 & S: AGp FOR RE\/ENUE Counsel for the Respondent No.3 : AGp FOR HOME The Court made the following ORDER -J1 THE HONOURABLE SRIJUSTICE N.V.SHRAVAN KUMAR WRITPETITIO N No.20003 of 2021 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registrations appearjng for respondent Nos.1,2,4 & 5, Learned Government pleader for Stamps and Registration and learned Government Pleader for Home appearing for respondent No.3. With their consent, this writ petition is being taken up for disposar at the admission stage itself. I 2 This writpetition is filed seeking the following prayer:_ , "t:,i:su? a writ.order or direction particularly one in the nolure of l{rit bf ltlandamus declaring the action of the 5th iespondent in not receiving and. registering lhe document.s presented by the petitioners in respect of plot Nos. 34 in Sy. Nos. 550/A admeasuring 26i sq yard.s ofSri iai City lliqir vilkge Jammapur Gram paichayath' Bhoigir Mandat Yadadribhongir District relying on lhe Memo No.G2/540)/2016 dated 09/12/2019 issued by the 2nd resporulent by including the list of properties of Gangster Nayeemuddin Nayeem under ,"ition 22_,1 iy Registration Act, 1908 ond also the letter issued in Crime No.l65/Crim-e BGR Rural/2016 dated 29/08/2016 and also the lertur issued in Crime No.l60/Crime BGR Rural/2016 dated 29/0g/2016 issued by the 3rd rlspo^yden1 and also the pendency of the suit in O.S.No l 17 of 2015 on the file of the Court of the Senior Civil Judge, Bhongir as the same is illegal orbitrary ond contrary to the pro;isions oJ section 22_A of Registration Act 1908 and consequently, declari the Memo No. G2/5402/2016 dated 09/12/2019 issued by the 2nd respondqnt and letters issued in C. No.l65/Crime BGR Rurat/2016 and C.No.I60/Crime BGR Rural/2016 dated 29/08/2016 issued by the 3rd respondent as illegal arbitrary withoutjurisdiction and same is liable to be set aside.,,

3. Today when the matter has been taken up for hearing, learned counsel for the petitioner submitted that in similar circumstances this Court in 2 W.P.No.16787 of 202L and batch dated 25.03.2022, has passed the following "12. For th,:. aforesaid reasons, all these writ petitions dre allowed. The impugned communication in Letter No.ROR- 1/1140/2019 dated 05.12.2019 issued by respondent iVo.2 and Memo No.G2/.5102/2016 dated 09.12.2019 issued by ,espondent No.3 are set oside. Respondent No-5 is directed to r'zceive and register the documents ti be presentecl by the petitioner tn respect of the subject ktnds in these three writ petitions. No order as to costs."

4. Learned counsel for the petitioner further submits that the suit in O.S.No.117 of 2015 on the file of learned Senior Civil .[udge, Bhongir was dismissed and prayed this Court to pass similar orrler as passed in W.P.No.16787 of 202L and batch dated 25.03.2022.

5.' Learned Assistant Government Pleader for Stamps and Regiskation appearing for respondents has fairly acceded to the same.

6. Recording th,: above submission made by learne,f counsel on either side, and in terms of order passed by this Court in W.P.No.15787 of 2021, and batch dated 25.03.2022, and in view of dismissal of suit in tl.S.No-117 of 2015 vide its order dated 06.1,0.2017, this Writ Petition is allowed and Registering Authority is directed to receive the subject documenl. presented by the petitioner without reference to letter dated, 29.O8.201,6 issued by respondent No.3 and Memo No.G2/5402/201,6 dated09.12.2019 issued by 2"d respondent and shall pass appropriate orders, as expeditiously as possible, preferably, within a period of three (03) weeks from the date of receipt of copy of this order, subject to the petitioner complying with the provisions of the Indian J Registration Act, 190& and Indiaa Stamps Act, 1g99. It is made clear that mere tegistration of the sublect document does not con{er title on the subject property and it is also made clear that this order would not.have any bearing on all those matters where title/rights of the parties are pending before the authorities either in revision/appeals for adjudication and in any other case, this order also does not preclude the parties in asserting their rights before a competent Court of law.

7. with the above directions, this writ petition is anowed. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. il?ili"i:#{l}i.;..*T*1"1i""3"fH=-*tlt I on this sand and TwentY four' MANABH TANT RE P. PAD SI A REDDY. GISTRAR I'TRUE COPYI/ ECTTON OFFIC ER To '1 .

2. The derabad.

3. The lnsP cretary' Revenue (StamPs and Regist ration) DePartment' of Telang r and lnsP ahi Mark ice., Cho ri Yadadri Bhong tamPs and R r., S The PrinciPal Se Secretariat, State Commissione DePartm ent. Mojami ector of Pol Rural Circle, Bhongt Registra istrict. ana at HY ector, General Sta mPs and Registrations rabad- ircle-cum ln-charge' SIT Bhongtr et, HYde utuPPal Rural c ir District egistratio ns and Assurances Bhongtr' gistrar' Stamps and Registrations' Bhongtr' Bhongiri Yadadri 6. lwo \-Cs to GP FOR REVENUE' High Court for the State of Telangana at R HOME, High Court for the State of Telangana at

4. The District Nalgonda D The Sub-Re Bhong ir Distr ct 5 AGADISHWAR REDDY' AdVOCAIE IOPUC] Hydera 7. Two CC bad. [O UTI FO stoGP d. tourl Hyderaba One CC to SRI K.J iwo CD CoPies \A--

8. 9. SA GJP J HIGH COURT DATED:23 t}lt2OZs ORDER WP.No.20003 of 2021 s.T^rF ? z C; +' ; 15 x,q ffit .t OES,,l\r ALLOWING THE W.P WITHOUT COSTS. (r >)