✦ High Court of India · 15 Jul 2025

The High Court · 2025

Case Details High Court of India · 15 Jul 2025
Court
High Court of India
Decided
15 Jul 2025
Bench
Not available
Length
1,793 words

Counsel for the Respondents: Ms. S. SRAVANTHI, AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER w@ THE HONOURABLE SRI JUSTICE K.SARA:TH UIRIT PETITION No.2O265 of 2025 ORDER: Heard Sri P.Ravi Kiran, learned counsel for the petitioner and Ms. S. Sravanthi, learned Assistant Government Pleader for Stamps ald Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission. 2 Learned counsel for the petitioner submits that this writ petition is filed by the petitioner questioning the action of the Respondent No.5 in refusing to receive, register and release the Gift Deed document No.P.247/2024, dated 16.07.2024 vide refusal intimation order 6812024, dated 19.07.2024 on the ground that the petitioner had not submitted authorized building permission order relating to subject property i.e., H.No.5-6- 5O7 /P9l4ep (PTI No.1030513574) on Plot'No.914, Eastern Part, admeasuring 100 Square Yards or 83.61 Square Meters having plinth area of 2700 Square Feet (9OO Square I 2 SK, J W.I'.No.2O265 of 2O25 Feet in each floor) 1n Sy.No.2Oll1 and 2l of SKD Nagar, situated at Sahebnagar Kalan Village, Hay.ltnagar Mandal, Ranga Reddy District despite the property l;eing regularized by lr,ay of conveyance deed

3. Learned counsel for the petitioner lurtlLer submits that in similar circumstances, this Court disposed of the W.PNo.2l4784 of 2024 on O9.O9.2O24 ard requested to pass similar order in this u'rit petition also 4 rln the other hand, the leerrned Assistant Government Pleader for Stamps and Rellistration is not disputing the submission marde by the learned counsel lor the petitioner. 5 In view of the above made subrrissions by both sides and for the reasons alike in the order in W.P.No.24784 of 2024 on 09.09.2024 an<l In view of fact that subiect property has already been reg.rlarized in terms of G.O.Ms.No.118, Revenue (Assn.I) De,:>artment. dated

28.10.2022, hence, the Refusal Order vide 68 12024, dated

19.07.2024 is set aside and liberty 1S granted to the w 3 sr, J w.P.No.2O265 ol 2O25 petitioner to approach the Register Authority arld the Register Authority is directed to correlate the subject document presented by the petitioner with their records \ \ and consider the registrability of the subject documents, by giving a fair opportunity of personai hearing to all the concerned parties and thereafter pass appropriate orders within a period of three (3) weeks from the date of receipt of copy of this order and communicate the same to the \ t pe titioner.

6. Needless to say that, this Court has not expressed any opinion on the title of the subject document, it is upto Register Authority to verily the same with their records and pass appropriate orders in accordance with law.

7. With the above observations, this writ petition is disposed of. There shall be no order as to costs.

8. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. 4 SK, J V:'. P. No. 2 02 6 5 of 2O2 s -3

9. Registry is directed to annex copy of the common order irr W.P.No.24784 of 2024 dated 09.Cr9 .20,24. SD/. A.H-S. GOWRI SHANKAR ASi j'H,::" //TRUE COPY// To, I Hyderabad Department (Stamp i'r nd Resistration )

1. The Principal Secretarv R ^ 1.s,sedii";li"ivi?[[rtJ"nue z. rne commtssioner and lnspector General, Registration and stamps 3. The District collector, Ranga Reddy District. 4 TherDstrict Registrai. n"glitijtion2nJsiJmps oepart, .ent Rangareddy 5 TherSub Registrar. Office of Sub_Registrar Vanasthalip rram, Rangareddy 6 One CC to SRt. p. RAV| KIRAN, Advocate tOpUCt 7. Two CCs to GP FoR srauiS Ai'i^o'{e"cldYnXr"rbr,r Llish c:ourt for the , iffi%"J l.Jinsana - ' " ' " ' at Hyoeriuio 1'ouit BIV HIGH COURT DATED:1 510712025 ORDER WP.No.20265 of 2025 1,,t,'ft1 '' c-\ 6 SEi, 2025 ,'). * DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ -frLrBUYFrq;',Z -x';',r- ,"rfl 't.// THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.24784 of 2024 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission.

2. This Writ Petition is hled seeking the folloi.ving relief "to declare the action of the Respondent No 4 in passing the refusal order uide 53/ 2024, dated 15.O6.2024 bg kept pending the sale deed uide No.P-193/2024 in pursuant to the memo issued by the respondent No.2 uide G2/257/2O19 dated 26.08.2020 in respect of House beaing No.585O/ 192 NS/EP (PTIN No.1030516190) constructed on North Side of Plot No 192, Eastern part admeasuing 125 Sq ycls or 104.5 Sq mt out of 500 Sq yds in Sg No.2OO hauing plinth area 2875 sfi i.e., 875 sfi in Ground Floor IOOO Sfr in First Floor and |OOO Sft in Second Jloor consisting of R.C.C Slab situated ot Ward No.S, Block No.8 of Sipuram Colong, Sahebnagar Kalan ViLlage, Hayathnagar Reuenue Mandal, Ranga Reddg Distict is arbitrarg illegal consequentlg direct the Respondent No.4 herein to register the Sale Deed presented bg the petitioner and releose the same-"

3. Learned counsel for the petitioner submits that the Sale Deed, dated 74.06.2024 was presented before respondent No.4 for registering, after duiy pa)tng the requisite stamp duty. However, the respondent No.4 had refused to register the document and the same 2 lvas informed to the petitioner, vide Refusal order I\o.53/2024, dated 15.06.2024 . The relevant portion of the said 1e t ter is extracted hereunder: "On ue4f.cation of the document it is found that thr pertu has not submitted authoized l'tuilding permission orde as .oer the Commi.;sioner and Inspector Gr:nera| R&S) Hycierctborl Memo No.G2/ 257/2017, dated 26.08.2020 and 29. 12.2(;-)0. In uieu_t of tlrc aboue reasons tlrc instant pending document ,'io.P,19t3/ 2O24 hos beetn refused."

4. Learned counsel for the petitioner submits that respondent authorities rvithout veri$ring the records properly lras nrechanically issued the said refusal order, dated 15.06.2023, as the Government has regularized the subject property and issued con,/eyanoe deed vide document No.12150 of 2023, dated 29.09.2023, vide application No. RCL0223{]OO 13238 and issued VLTN Assessmen. No.6,J30141417, in terms of GO Ms.No.118, Revenue (Assn.I) D,:partment, dated

28.10.2022, howel,er the respondent authorities keltt the do<:ument pending in the guise of Memo No.c2/257 12017, cated ,26.08.2020. Learned counsel further submit that the Memo .r.o.G2 l2S7 /2OlT, dated 26.08.11020 pertains to residential piots situatel in unauthorized layouts and unauthorized buildings which were co nstructed with a valid permission. However, in the present case the l;aid memo, dated

26.04.2O2O is not applicable to the subject property as the sovernment has regularized the subject property by collecting necessary charges as per the guidelines of GO Ms.No. I 18, Revenue (Ass;r-r.I) Department, 3 dated 28.10.2022 ar.d pray this Court to direct the respondent authorities to process and release the subject document

5. Learned Assistant Government Pleader for Stamps and Registration fairly submits that since the petitioner has fiIed copy of Deed of Conveyance, vide application No.RCL0223O0013238, issued in terms and conditions of G.O.Ms.No.l18, Revenue (Assn.I) Department, dated 28. 1O.2O22, hence petitioner may be directed to once again approach the Regrstering Authority along with relevant documents and thereafter the Registering Authority may be directed to reconsider the subject documents and will pass appropriate order afresh.

6. Recording the submission made by both the learned counsei on either side and the without going into the merits of the case and in view of fact that the subject property has already been regularized in terms of GO Ms.No.1 18, Revenue (Assn.I) Department, dated

28.10.2022, vide application No. RCL022300O 13238, hence, the refusal order vide 53/2024, dated 15.06.2O24 is set aside and liberty is granted to the petitioner to approach the Register Authority and the Registering Authority is directed to correlate the subject document presented by the petitioner with their records and consider the registrability of the subject documents, by giving a fair opportunity of personal hearing to a-ll the concerned parties and thereafter pass appropriate orders within a period of three (3) weeks from the date of 4 receipt of copy of this order and communicate .he same to the petitioner

7. Needless to say that, this Court has not expr,:ssed any opinion on the title of the subject document, it is upto Registr:ring .Authority to verify the same with their records and pass appr opriate orders in accordance 'with law.

8. With rhe above observations, this writ petitr, rn is ,Cisposed of. Miscellaneorrs applications, if any pending, shall ;tand closed. No order as to (:osts.

09.09.2024 SHA N.V.SHRAVAI{ KUMAR,I

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