One CC to SRt v. ADU KRTSHNA SAINATH

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 an Order, Direction or Writ, more particularly a Writ of Mandamus declaring the Refusal lntimation No. 433/954/2023 dated 20.12.2023 passed by the respondent No.3 thereby refusing to register the sale deed document No. P433i2023 Dl.01.12.2023 on the ground that subject property is a NALA, without considering the Letter Dt.08.02.2017 issued by the Respondent No.5 in respect of the open plot admeasuring 200 Sq. Yds in Sy. Nos. 53 and 54, Ward No.5, Block No.5 situated at Prashanth Nagar, Saheb Nagar Khurd Village, Hayathnagar Mandal, R.R. District as illegal, improper, unjust, arbitrary, without ---7 jurisdiction and contrary to Iaw and being violative of Art. 1 1,21 and 3004 of thd constitution of lndia and consequently set aside the same and further direct the Respondent No.3 to rerceive and register the sale deed Dor;rrnent No. p433l2023 Dl. 01 .12.2023in acco.dance with law. lA NO: 1 OF 2025 Petition under slection 151 cPC praying that in the c rcumstances stated in the affidavit filed in support of the petition, the High co n may be pleased to direct the Respondent No.3 to receive and register the sal, leed Document No. P43312023 DL.01.12.2:023in respect of the open plot adm:,asuring 200 Sq. yds in Sy. Nos. 53& 54, Ward No 5, Block No.5 situated at prz ;hanth Nagar, Saheb Nagar Khurd Village, lJayathnagar Mandal, R.R. District in a:cordance with law, pending disposal of ther above writ petition. Counsel for the Petitioner: SRI V.YADU KRTSHNA SAINAT|-l counsel for the Respondent No.'t to 4: AGp FoR srAMps & REGlsrRATloN Gounsel for the Respondent No.5: AGp FOR IRRIGATION ii r:AD The Court made the following: ORDER --/ THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.18577 of 2o25 ORDER: Heard learned counsel for the petitioners, learned Assistant Government Pleader for Stamps and Registration appearing lor respondent Nos. I to 4 and learned Assistant Government Pleader for Irrigation and Command Area Developmcnt appearing for respondent No.5. With their consent, this Writ Petition is disposed of at the stage of admission itself.

2. Learned counsel for the petitioners submits that this present Writ Petition is hled seeking to declare the refusal intimation No.433/954 /2023 dated 2O.L2.2O23 passed by respondent No.3 thereby refusing to register the sa-le deed ulde document No.P433l2O23 dated 01.12.2023 on the ground that the open plot admeasuring 2OO Sq. Yards in Sy.Nos.53 and 54, Ward No.5, Block No.5, situated at Prashanth Nagar, Sahed Nagar Khurd Village, Hayathnagar Mandal, Ranga Reddy District (hereinafter referred to as t> \-^1 - I "the subjecr, property") is a NaIa, withor r. considering the letter datec. 08.O2.2O17 issued by res,:rondent No.5 in respect of the subject property, as illegat : r.rd arbitrary.

3. LearneC Assistant Government plezrCer lor Irrigation and Commzrnd Area Development has :,:oduced written instructions of Executive Engineer fi r^ North Tanks Division, Hyderabad and submits tha the Executive trngineer clzLrified on the subject prope t'/- rncntioned in letter date:d 08.O2.2Ot7 uide Lr ),to.trE/IB lHyD/ DBlHDl2olit-1712790 and on inspccrior of rhe office, it was observerl that the land is abuttir-rg I Le rnain road of VanasthalipuLram and that there is no rva t:r body passing to the petitio:rer's plot and the surroundinl s of the land are mushroomed with houses. It is a-lso obse ved that, as per Topo Sheet No.E44Ml1 56Ki 1, there is n<. .\ala passing to the applicant's plot i.e., prashanth Nagar plot No. 17 and. 18 under Sy.Nos.53 and 54. In view of th,.above, learned Assistant Government pleader for Irrigatior ald Commald Area Developrnent requested to pass approtr)r ate orders. 7',

4. On the other hand, learned Assistant Government Pleader for Stamps and Registration did not dispute with the submissions mad.e by the learned Assistant Government Pleader for Irrigation and Command Area Development and requested to pass appropriate orders'

5. After hearing both sides and on perusal of the material on record, this Court is of the considered view that as per the refusal intimation letter datecl 20'12'2023 issued by respondent No'3, basing only on the ground that the subject property is a Nala and that there is no revised approved layout and the said pending document property is against the instructions of respondent No'4-Commissioner and Inspector General, the registration of the pending documentNo.433l2o23hasbeenrefused.Infact,aSper the Ietter dated 08.02.2017 issued by respondent No'5 and also as per the submissions made by learned Assistant Government Pleader for Irrigation and Command Area Development Department, no Nala is passlng within the schedule property. In view of the sarne' the impugned refusa-l intimation order dated 20'lO'2023 issued by -- I I 4 \1 \ respondent No.3 is liable to be set aside :rnd they have to receive ancl register the document 6,r.t:sented by the petrtroner, in accordance with law

6. In vieu' of the above circumstances. lhis Writ petition is disposed rtf directing the respondents t, receive, process, register and release the sale deed dated t)1.12.2023 uide document br:aring No.P433/2023, rvithou refcrence to the refusal intirnation No.433/954 /2023 d rrr'-d ,2O.12.2023 passed by respondent No.3, or otherv Lr;<-- pass orders strictly 1n accordance with the Rcgistr,:ion Act, 190g There shall be no order as to costs. Miscellaneous Petitions, if any, pen( ing in this writ petition shall stand closed. //TRUE COPY// ), PONNA KRISHNA ISTANT REGISTBAR- sc/- f't To, State Secretariat t3uitdiirg, Hyo.rauia,'StJiuli'r","ngrn SEcrro(6prrcen 'l rhe Principar Secretary. Revenue Department, Dr B R.,\rnbedkar Terangana 2. The Diskict Collector, Ranga Reddy District. 3. The Sub- Registrar, Vanasthalipuram, R. R. Diskict. ' +:e"&"#"llt?SLiJ"ound lnspector General, Resist rlion and stamps, 5. The District lrrigati:n Officer, Ranga Reddy District. 6. One CC to SRt V.\ADU KRTSHNA SAINATH, Advocate [r)]UCl 7 lyg CCs to GP FJR STAMPS q REG|STRAT|ON, Hig lourt for the State 8. Two CCs to Gp FOR.IRRIGATION & CAD, High CoLrrt for the State of of Telangana at Hyderabad tOUTI' Telangana at Hyderabad tOUij HIGH COURT SKJ DATED:2 510912025 j 15 tillT ?0fr ti.'i r.l n-o/' -2' ORDER WP.No.18577 of 2025 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS f) qD