Smt. Kommera Neeraja 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 Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent i.e_, The Sub Registrar, Qutbullapur, tVedchal - t\4alkajgiri District, in refusing to register and release the Pending Document No.P.8712025 dated 19/06/2025, vide lntimation of Refusal No.35/2025 dated 2310612025, p resented by the petitioner in respect of all that the Open Plot No.148, in Sy.No.233, admeasuring 200 Sq.Yards., situated at Nizampet Village, Quthbullapur Mandal (Now Bachupally Mandal), Ranga Reddy District (Now fVledchal- tMalkajgiri District), is in prohibitory list under section 22-A of Regtstration Act as per the 'l . G.O.lVs.No.292, Revenue (Registration.l),91h lt4arch 2005 communicated by Commissioner and lnspector General (R and S), Hyderabad vide File No.G1/4661/2005, Dt. O21O712005 and 2. Ranga Reddy District Gazette Notification R.R.No.83, communicated by Joint Collector, Ranga Reddy vide File No. E5/4730/2013/Quthbullapur/Nizampet, dated 2510912013, is illegal, arbitrary, in violation of Articles 14,21 and 300-A of Constitution of lndia and also in violation of Registration Act, 190B, besides rn violation of Principles of Natural Justice and consequently direct the respondents herein to register and release the Pending .Document No_P.87/2025 dated 1910612025 by setting aside the lntimation of Refusal No.35/2025 dated 231O6t2025. |.A.NO:1 OF 2025 Petition Under Section 15l CPC praying that in the circumstances stated in the affidavit filed in support of tlie petition, the High Cou( may be pleased to direct the respondent no.3 he;ein to register and release the Pending Document No.P.87/2025 daled 1910612025 by suspending the refusal order passed by respondent no.3 vide lntimation of Refusal No.35/2025 daled 2310612025, pending disposal of the above writ petition. Counsel for the Petitioner : SRI KATIKA RAVINDER REDDY Counsel for the Respondents : M/s S.SRAVANTHI, AGP FOR REVENUE The Court at the stage of admission made the fcillowing ORDER THE HON'BLE SRI JUS?ICE K.SARATH WRIT PETITION No. 18 5ll of 2o.25 ORDER: Heard learned counsel for the petitioner and Mrs. S.Sravanthi, learned Assistant Government pleader for Stamps and Registration appearing for the respondents and perused thee materia-l on record. With their consent, this rvrit petition is disposed.of at the stage of admission itself.

2. Learned counsel for the petitioner submits that the petitioner questioning the action of the respondent No.3 in refusing to register and release the pending Document No.P87 /2025 dated 19.06.2025 vide Intimation of Relusal No.35/2025 dated 23.06.2025 by following the reasons stated below: "1. G.O.Ms.No.292, Reuenue (Registration I), March 2005 Communicated bg CommLssloner Inspector General fR&S/, Hgd erabad- Vide No. G 1 / 466 1 / 2 005, dated. 02. O7. 2O0 5 and. 9th and. File '\5 .) SK,J W. P. No.185 t t of 2O25

2. Ranga Reddy Distict Gazzette Notification R.R..n[o.83, communicated by the Joint Collector, Rangctreddy uide File No.ES/ 4730/ 2013/ Quthbullapur/ Nizarnpet, Dt:25.09.20 I J.'

3. Learned counsel for the petitioner further submits that the subject matter of this writ petition is squarely covered by the common order dated 22.03.2024 passed by this Court in W.P.No.9645 of 2O2l and. W.p.No.26353 of 2023, wherein it was stated that File No.G1/466 1 /2OOs dated 02.07.2005 is not in accordance with the provisions of the Section 22-A(1)(el and 22(11(2) and also as per clause (vi) of the guidelines issued in the case of Vinjamuri Raiagopala Chary o. State of Andhra pradeshl and File No.E5/473O12013/Quthbullapur/Nizarnpet, clated 25.09.2013 was set aside. In spite of the same, the respondent No.3 relied upon the sarre hles dated O2.O7 .2OO5 and 25.09.2013 arrd issued impugned I 2016 (r) AI.T sso (F.B) L. 3 SK,J w.P.No.18511 ol 2O25 Intimation of Refusai No.35/2025 dated 23.06.2025. Hence, learned counsei for the petitioner requested this Court to set aside the impugned order date d 23.06.2025 by lollowing the common order dated 22.03.2024 passed bv this Court in W.P.No.9645 of 2O2t and, W.p.No.26353 of

4. Learned Assistant Covernment pleader for Stamps and Registration is fairiy acceded that the said files dated O2.O7.2OO5 and 25.09.2013 are set aside by this Court vide common order dated 22.03.2024 passed in W.p.No.9645 of 2O2l and W.P.No.26353 of 2023 and requested to pass appropriate orders.

5. In view of the submissions made by both the sides arrd on perusing the entire materia_l on record, this writ petition is disposed of directing the respondent No.3 to receive, register and release the pending Document No.P87 /2025 on 19.06.2025 without reference to the .1 4 sl(, J W.P. No. 1851 1 of 2O2S Intimation of Refusal No.35/2025 dated 23.06.2025, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and the Indian Stamps Act, 1899. It is also open to the Registering Authority to refuse the document pr:esented by the petitioner, if any other objections by duly assigning the reasons and communicate the same to the petitioner.

6. It is made clear that mere registration of the document does not confer 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 a-lso does not precJude the parties in asserting their rights before a competent Court of law. However, there shall be no order as to costs 5 w.P.No.18511of2025 SK,J 7 Miscellaneous petitions, if any, pending shall stand closed. SD/. P. PADMANABHA REDDY EPUTY REGISTRAR //TRUE COPY//

1. The Principal Secretary, (Stamps and Registratio Telangana at Hyderabad. SECTION OFFICER Sec retariat, State of

2. The District Registrar, tuledchal- IValkajgiri District. 3. The Sub Registrar, Qutbullapur, I\iledchal - Malkajgiri District. 4. The Collector, Medchal - lVlalkajgiri District. 5. The Tahasildar, Quthbullapur Mandal, Medchal- tVlalkajgiri District. 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana at 7. One CC to SRI KATIKA BAVINDER REDDY, Advocate [OPUC] 8. Two CD Copies Hyderabad. [OUT] SA GJP HIGH COURT DATED:0210712025 \ lHE SI4 t * ?4JUL2M 'za- ,1\ |.. , ORDER WP.No.18511 of 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. \ \