Smt Nakka Qoujanya v. 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 Writ, Order or direction more particularly one in the nature of Writ of lrlandamus declaring the action of the respondent No.3 i.e., The Sub- Registrar, Qutbullapur, I\/edchal- Malkajgiri District, in refusing to register and release the Sale Deed vide Pending Document i.e., P.No.94/2025 dated 27.06.2025, presented by the Petitioner in respect of all that the Plot No's. J-36( 200.0 Sq yards), and J-37 (200.0 Sq yards) Total admeasuring 400.0 sq yards or 334.4 sq mtrs., forming part of survey no's. 329/9 and 32917 (part), situated at lVlahadevapuram Residential Project, Gajularamaram Village, Quthbullapur [,4andal, Under GHIr/C Gajularamaram Circle, [/edchal- Malkajgiri District, by way of issuing lntimation of RefusalNo.3912025 dated 02.07.2025, on the ground of letter vide Lr.No.E1lMDLlD1l153212017-2 dated 24-07-2024, issued by the respondent no.2 as illegal, arbitrary, in violation of Articles 14,21 and 300-4 of Constitution of lndia and also in violation of Registration Act, 1908, besides in violation of principles of natural justice and consequently to direct the respondent No.3 herein to register and release the Sale Deed vide Pending Document 1.e., P.No.94/2025 dated 27.06.2025, presented by the Petitioner in respect of all that the Ptot No's.. J-36( 200.0 Sq yards), and J-37 (200.0 Sq yards) Total admeasuring 400.0 sq yards or 334.4 sq mtrs., forming part of survey nos. 329/9 and 32917(pan), situated at Mahadevapuram Residential Project, Gajularamaram Village, Quthbullapur Mandal, Under GHMC Gajularamaram Circle, Medchal- lr/alkajgiri District, by setting aside the lntimation of Refusal No.39/2025 dated

02.07.2025. lA NO: 1 OF 2025 Petition under Section 151 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 respondent No.3'herein to register and release the Sale Deed vide Pending Document '1 .e., P.No.9412025 dated 27.06.2025, presented by the Petitioner in respect of all that Plot No's. J-36( 200.0 Sq yards), and J-37 (200.0 Sq yards) Total admeasuring 400.0 sq yards or 334.4 sq mtrs., forming part of survey nos. 32919 and 32917 (parl), situated at Mahadevapuram Residential Project, Gajularamaram Village, Quthbullapur [t/andal, Under GHIVC Gajularamaram Circle, Medchal- Malkajgiri District, by suspending the lntimation of Refusal No.39/2025 dated 02.7.2025, pending disposal of the above writ petition. Counsel for the Petitioner: SRI N.KRISHNA SUMANTH Counsel for the Respondents: AGP FOR STAMPS & REGISTRATION The Court made the following: ORDER THE HON,BLE SRI JUSTICE K.SARATH WRIT PETITION No.20 485 of2O25 ORDER: Heard learned counsel for the petitioner 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' Learned counsel for the petitioner submits that the 2. issue involved in this writ petition is squarely covered by the order passed by this Court in W'P'No'37181 of 2024 d,ated 22.04.2025 and requested to pass similar order in I \ this matter also. Learned Assistant Government Pleader for Stamps 3. and Registration has not disputed the submission made by thelearnedcounselforthepetitionerwithregardtothe disposal of the W.P'No'37181 of 2024 dated 22'04'2025 and requested to pass appropriate orders' In view of the order passed by this Court in 4. W.P.No.37181 of 2024 dated 22'04'2025 and for the 2 SK, J wP 20485 2025 reasons mentioned therein, this writ petition is disposed of by setting aside the impugned Intimation of Refusa-I No.39 of 2025, dated 02.07.2025 and the respondent No.3 is directed to register ald release the subject document subject to the petitioner complying with the provisions of the Registration Act, 1908 as well as the Indian Stamp Act,

1899. No order as to costs 5 Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. //TRUE COPY// SD/. K.SREERAMA MURTHY REGISTRAR s ION OFFICER To '1 . The Principal Secretary (Stamps and Registration), Secretariat, Hyderabad, State of Telangana.

2. The District Collector, Medchal- I\/alkajgiri District. 3. The Sub- Registrar, Qutbullapur, Medchal-'[/alkajgiri District. 4. The Commissioner and lnspector, General of Registration and Stamps, Telangana, Hyderabad.

5. One CC to SRI N.KRISHNA SUMANTH, Advocate [OPUC] 6. Two CCs to GP FOR STAIVPS AND REGISTRATION, High Court for the State of Telangana at Hyderabad [OUT]

7. Two CD Copies (Along with the copy of order dated 22.04.2O25, in W.P.No.37181 of 2024) BSR GJP HIGH COURT DATED:1710712025 ORDER WP.No.20485 of 2025 ,. r ,-rE sI4 t(: o \-t o r(\ ( SOJUL 2M s,-",. ',.ri \' -. -'z' DISPOSING OF THE WRIT PETITION, WITHOUT COSTS 0A b0 - -7.', THE HONOURABLE SRI JUSTICE K.SARATH W.P.No.37181 of 2024 This writ petition is hled questioning the action of the respondent No.3 in refusing to register and release the sale deed vide Document P.No.25Ol2024 dated 10.12.2024 presented by the petitioner 1n respect of Plot No.G-2/A admeasuring 200 sq. yards 1n Sy.No.329/ 1O situated at Mahadevapuram Residential Project Phase-III, Gajularamaram Village under GHMC Circle, Medchai- Malkajgiri District, by the Intimation of Refusal No.SB of 2024 dated 1 1.I2.2024, as illegal and arbitrary

2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration

3. Learned Assistant Government Pleader for Stamps and Registration has produced letter No.6/2025 dated 02.OI.2025 issued by the respondent No.3-Sub-Registrar stating that for compliance of the orders of this Court in W.P.No.29089 dated 18.10.2024, the petitioner has to represent the sale deed before the respondent No.3 and if the petitioner presents the said sale deed for registration, they will receive the same 2 SK, J W.P.No 3718T of 2024 and examine the recitals of the document as per the provisions of Indian Stamp Act, 1899, Registration Act, 1908 and after follorving the instructions of the Government issued in the matter from time to time, they will register the document il otherwise in order and the same will be returned to the petitioner

4. In vierv of the submission of the learned Assistant Government Pleader for Stamps and Registration, the Writ Petition is disposecl of by setting aside the impugned Intimation of Refusal No.SB of 2024 dated I1.12.2024 and the respondent No.3 is directed to register and release the subject document subject to the petitioner complying with the provisions of the Registration Act, 1908 as well as the Indian Stamp Act, 1899. No order as to costs.

5. Miscellaneous Applications, if any pending in this writ petition, shall stand closed Date:22.O4.2025 JUSTICE K.SARATH