High Court · 2025

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 of mandamus or any other appropriate writ or order or direction declaring the refusal Order passed by the 3rd Respondent in refusing to register and release the Certificate of Sale of lmmovable Property vide pending document No.P 113/2023 dt 18.05.2023 vide intimation of refusal No.1712023, dated 20.05.2023, on the ground that the petitioners property i.e., plot No.225 Part, admeasuring 166.66 sq Yds, in Sy.No.100, situated at Padma Nagar Colony - ll, Block No.49, situated at Qutubullapur village, Qutubullapur mandal, lvledchal Malkajgiri district, is in Prohibited Property list under 22- A of Registration Act as per the vide Gazette Notification RR No-83 communicated by Joint Collector, Ragna Reddy vide File No. E5/4730/Quthbullapur/Quthbullapur, dt.25.09.2013 and Deputy Collector and Tahasildar, Quthbullapur lVlandal file No.8/583/2012 d1.17.O2.2012 and Gazette Notification No.134 dt.10.03.2005 and G.O.lMs.No.292 Reven ue(Registration l), gth tvlarch' 2005 communicated by Commissioner and lnspector General (R and S), Hyderabad vide File No.G1/4661/2005 dl.o2.07.2005, as illegal, arbitrary and unco nstitutro na I and a consequently direct the respondents herein to register and release the certificate of sale of lmmovable Property vide pending Document No.P 113/2023 dated lS.05.2023,bySettingasidethelntimationofRefusalNo,lTl2023dated 20.o5.2023inrespectofplotNo'22[ipartadmeasuringl66.66sqYds,inSyNo 100, situated at Padma Nagar Colony - ll, Block No.49, situated at Qutubullapur village, Qutubullapur mandal' t\rledch al. Malkajgiri district' lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of thr: petition, the High Court may be pleased to direct the 3rd Respondent to register and release the Certificate of Sble of lmmovable Property, vide Pending document no.P 11312023 dated 18.05.2023 bysuspendingtherefusalorderpzrssedbyrespondentNo.3videintimationof Refusat No..1 7/2023 dated 20.05.2023, in respect of plot No.225 part admeasuring 166.66 sq Yds, in Sy No 100, situated at Padma Nagar Colony - ll' Block No.49, situated at Qutubullapur village, outubullapur mandal, lvledchal Malkajgiri district, pending disposal of the Writ Petition' Counsel for the Petitioners: SRI N.KRISHNA SUMANTH Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.18895 of 2O25 ORDER: Heard learned counsel for the petitioners 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 petitioners submits that the petitioners filed the writ petition challenging the action of the respondent No.3 in refusing to register ald release the pending document No.P113/2023 dated t8.05.2023 uide lnlimation of Refusal No.l7 12023 dated

20.O5.2023 by following the reasons as mentioned below: "1. Ranga Reddy Distict Gazette Notification R.R.No.83 cotnrnunicated by Joint Collector Rangareddg uide File No. D 5 / 4 7 3 O/ 2 0 1 3 / Quthbullapur, Dt: 2 5-O9-2 O 1 3.

2. DeputA Collector & Tahasildar Quthbullapur Mandal FiLe No.B/ 583/2012, Dt. 17-O2-2O12 and

3. Gazette NotiJication No. 134, Dt: 10-O3-2O05 ond G.O Ms. No. 292, Reuenue (Registration. I), 9th March 20O5 cornrnunicctted by Commissioner and Inspector General (R&S), Hgderabad uide File No. Gj/4661/2005, Dt.02 07- 2005." /,

3. Learned counscl for the petitioner further submits that the subject matter of this writ petition is squarely covered by the cornmon order dated 22.O3.2024 passed by this Cour': in W.P.No.9645 of 2021 and W.P.No.26353 ol 2023, wherein it is stated that File No.G1/4661 l2OO5 dated 02.O7.2OOS is not in accordance with the provisions of the Section 22- A(l)(e) arLd 22{ll(2) and also as per clause (vi) of the guidelines issued Ln the case of Viniamuri Raiagopala Chary a. State of Andhra Prqdeshl and File No.E5/473012013/Quthbullapur, dated

25.09.2013 is set as'.de. In spite of the same, the respondent No.3 is relying upon the same files dated O2.O7.2OO5 and 25.09.20i3 and issued impugned Intimation of Refusal No.l7 12023 dated 20.05.2023. Hence, learned counsel for the petitioner requested this Court to set asidt: the said hles dated O2.O7.2OOS and 25.09.20 13 by following the cornmon order dated

22.O3.2O24 passed by this Court in W.P.No.9645 of 2O2l and W.P.No.263i3 of 2023. '2016 (1) ALT sso (FB) 7 3 4- Learned Assistant Government Pleader for Stamps and Registration is fairly acceded that the said files datcd O2.O7.2OO5 and 25.09.20 13 are set aside by this Court uide 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 and on perusing the entire materia-l on record, this u'rit petitiop 1S disposed of directing the respondent No.3 to receive, register and release the pending Document No.P1i3/2023 on 18.O5.2023 lvithout reference to the Intimation of Refusa-l No.l7 /2023 dated 20.O5.2O23, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899 It is also open to the Registering Authority to refuse the document presented by the petitioner, if any other objections by duly assigning the reasons and communicate the same to the petitioner. I I I 4

6. It is made clt:ar that mere registration of the document does not confer title on the sub.lcct property and it is a-lso made clear that this order r,r'ould not have any bearing on all those mattcrs where title/rights of the parties pending before thc authorities either in revision/appeals for adjudication and in any other t:ase this order also does not preclude the parties in asserting their rrghts before a competent Court of lau'. However, there sha,ll be no order as to costs

7. Miscellaleous Petitions, il any, pcnding 1n this writ petition shall stand closed. //TRUE COPY// S /- K.SREERAMA MURTHY 0EPUTY REGISTRAR '. sEcfloN oFFlcER To istration), Secretariat,

1. The PrinciPal Secretary, Revenue (Stamps and (e \ Hvd erabad, State of Telangana The District Registrar, Medch al- Malkajgiri District. The Sub Registrar, Qu thbullapur, Medchal- Malkajgiri District The Collector, lvledcha l- Malkajgiri District The Tahasildar, Quthbullapur l,4anCal, Medchal- Malkajgiri District One CC to SRI N.KRISHNA :IUIUANT H, Advocate tOPUCI 2 3 4 q r, 7 Two CCs to GP FOR STAMPS AND REG State of Telangana, at Hyderabad. [OUT] ISTRATION, Hig h Court for the B. Two CD CoPies PSK GJP (-_ HIGH COURT DATED:0310712025 ORDER WP.No.18895 of 2025 C( 3THES t4 l (.) L 2 4 JUL 2025 7 'P * L,, -,1j ..-\ F\, i1 * DISPOSING OF THE WRIT PETITION WITHOUT COSTS &\