Tandra Praveen Kumar Reddy 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 particularly one in the nature of Writ of Mandamus declaring the action of the 5th respondent in not receiving and registering the documents presented by the petitioners in respect of plot Nos.45 in Sy. Nos. 550/4, admeasuring26T sq. yardsof Sri Sai City Raigir village, Jammapur Gram Panchayath, Bhongir Mandal, Yadadribhongir District, relying on the Memo No.G21540212O16, dt.Ogl12l20'19 issued by the 2nd respondent by including the list of properties of Gangster Nayeemuddin Nayeem under section 22A of Registration Act 1908 and also the letter issued in Crime No 1 65/Crime BGR Rural/2O'16, dt.29-08-2016 and also the letter issued in Crime No 160/Crime BGR Rurai/2016 dated 29-08-2016 issued by the 3rd respondent anrl also the pendency of the suit in OS No 117 of 2015 on the file of the Court of the Senior Civil Judge Bhongir as the same is illegal arbitrary and contrary to the provisions of section 224 of Registration Act 1908 and consequently declare the Memo No.G21540212016, dt.09-12-2019 issued by the 2nd respondent and letters issued in C No 165/Crime BGR Rural/2016 and C No 160/Crime BGR Rurat/2O 16, dt.29- 08-2016 issued by the 3rd respondent as illegal arbitrary without jurisdiction and same is liable to be set aside and pass lA NO: 1 OF 2021 Petition under Seclion '1 51 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 respondents 4 and 5 to receive, register and release the documents presented by the petitioners in respect of the plot Nos. 45 in Sy. No. 550/A, admeasuring 261 sq. yards of Sri Sai City Raigir village, Jammapur Gram panchayath, Bhongir Nrlandal, Yadadribhongir District, without reference to the letters dated ogll2lzolg (2011012016) cf 2nd respondent and letter dated 29to\l2o16 of 3rd respondent and also the order in 1.A.No.517 of 2005 in o.s.No.117 of 2oos dated 1s/09/2005 pending disposal of the writ petition. Counsel for the Petitioner : SRI K.JAGADISHWAR REDDy Counsel forthe Respondents No.1,2,4&5: Gp FOR STAMpS & REGISTRATTON Counsel for the Respondents No.3 : GP FOR HOME The Court made the following: ORDER THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.20092 of 2021 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Rcgistrations appearing for respondent Nos.1,2, 4 & 5, Learned Governmcnt Plea<1er Ior 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 disposal at thc admission stage itself.

2. This writ petition is filed seeking the following prayer:- "to issue a writ order or direction particularly one in the nature of l|'ril of Mandamus declaring the action of the 5th respondent in nol receiving and regislering lhe documents presented by the pelitioners in respecl of plot Nos.15 in Sy.Nos.550/A admeasuring 267 sq yards of Sri Sai City Raigir village Jammapur Gram Panchayath Bhongir Mandal Yadadri bhongir District relying on the Memo No. G2/5402/2016 dated 09/12/2019 i.ssued by the 2nd respondent by including the list of properlies of Gangster Nayeentuddin Na1'eem under section 22-A of Regislrdtion Acr, 1908 and also tlrc lctter issued in Crime No.165/Crime llGR Rural/2116 duted 29.08.2016 and also the letter issued in Crime No.l60/Crime BGR Rural/2016 dared 29.08.2016 issued by the 3rd rcspondent and also the pendency ol'the suil in O.S. No.1l7 of 2015 on the file of the Court of the Sennr Civil .ludge, Bhongir as the same is illegal arbitrary and conlrary to lhe provisions of seclion 22-A of Registration Act, 1908 and consequently, declore the Memo No. G2/5102/2016 dated 09.12.2019 issued by the 2nd respondent and letters issued in C. No.l65/()rime BGR Rural/2016 and C.No. l6tt/Crime BGR Rural/2016 dated 29.08.2016 issued by the 3rd respondent as illegal arbilrary vrilhout jurisdiclion and same is liable to be set aside. "

3. Today when the matter has been taken up for hearing, learned counsel for the petitioncr submitted that in similar circumstances this Court in 2 w.P.No.16787 of 2027 and batch ciated 25.03.2022, has passed thc following "12. For the aforesaid reasons, all these writ petiti()ns are allowed. The impugned communication in l.etter ,\o. rtOR_ 1/1110/2019 dated 05.t2.2019 issued by respondent 1.o.2 and l4emo NoG 2,i5102/201 6 dared 09.t2.20j9 isiuetj b1, rcs,::;ontlent No.3 are set aside. Re.spontlent No 5 is direcled ri ret.ii,,.e a,r,l register the documents to be presented by lhe petitioncr in respect of the sublect lands in these lhree wrir petitions. No ot.Liltt. as to costs. "

4. Learncd counsel for the petitioner further submits that thc suit in O.S.No.117 of 20lp op the file of lcarned Scnior Civil Juclgc, Bhongir v,,as dismissed and praycd this Court to pass similar ortler as passed in W.P.No.16787 of 2021 and batch dated 25.03.2022.

5. Learned Assistant Governmcnt pleader for Stamps and Registration appearing for rcspondents has fairly acceded to the same.

6. Recording the above submission made by learned .ourlsel on either side, and in terms of order passe<I by this Court in w.p.No- t67[i7 of 2027 and batch dated 25.03.2022, and in view of dismissal of suit in o.s.No.l17 of 2015 vide its ordcr dated 06.'10.2077, rhis writ petition is allowecl and Registering Authority is directed to reccivc the subject document presentcd by the petitioner without reference to retter dated 29.0g.2016 issuec{ by respondent No.3 and Memo No.G2/ S4O2/ 2016 dated 09.12.2019 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 provisrons of r, , Indian ry. 3 I i i t L i i Registration Act, 1908, and Indian Stamps Act, 1899. It is made clear that mere registration of the subicct document does not conjer 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 thc parties are pending before the authoritres either in revision/ appeals for adjudication and in any other case' this ordcr also docs not prcclude thc parties in asserting their rights before a competent Court of law.

7. with the above directions, this writ Petition is allowed. Miscellaneous applications, if any pending, shall stand closed No order as to costs' That Rule Nisi has been made absolute as above. Witness THE HON'BLE THE ACTING CHIEF JUSTICE SUJOY PAUL, on this Thursday, The Twenty Third Day Of January Two Thousand And Twenty Five SD/. P.Ch. NAGABHUSHAMBA AS STANT REGISTRAR //TRUE COPY// SECTION OFFICER egistration) Department, The Principal Secretary, Revenue (Stamps an State of Telangana, Secretartat, Hyderabad. The Commissioner and lnspector Generat Stamps and Registrations Department, Mojamjahi Market, Hyderabad. The lnspector of Police, Choutuppal Rural circle-cum ln-charge, SIT Bhongir Rural Circle, Bhongiri Yadadri Bhongir District. The District Registrar, stamps and Registrations and Assurances Bhongir, Nalgonda District. TheSub-Registrar,stampsandRegistrations,Bhongir,BhongiriYadadri Bhongir District. One CC to SRI K.JAGADISHWAR REDDY, Advocate tOPUCl Two,CCstoGPFORSTAtv'lPS&REGISTRATION,HighCourtfortheState of Telangana at HYderabad. [OUT] Two CCs to GP FOR HOME, High Court for the State of Telangana at Hyderabad. [OUT] Two CD Copies. BSK GJP ( l+ To, 1 2 a 4 5 6 7 8 o HIGH COURT DATED:2310112025 ORDER WP.No.20092 ot 2021 \ \ a .../;; y',;.' c.- \. tt<.')t $\s t. {.: \i .- +li ALLOWING THE WRIT PETITION WITHOUT COSTS ff\_./ (A- 3o it vt 1 I i i i I I i I I I