High Court · 2025

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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, to declare the action of the respondents more particularly respondent no.3, in refusing to receive, process and register the property of the petitioner in favour of respondent no.S ,obtained vide registered sale deed document no. 17763 of 2006, dated 31.08.2006, bearing Plot no.s 81 and 82, admeasuring 1OOOSquare yards or 836.10 Sq mts, which fall in Survey Numbers 299(P), 300(P) and 301(P) ap-proved by HADA vide layout no LPNO02/LAYOUT/HADA/2006, Dated 07.08.2006 known as VISION VALLEY situated at Mamidipally village, Sa-roornagar Mandal, Ranga Reddy District, Champapet SRO, Balapur Mandal, RangaReddy district, vide refusal order no Lr.No. 31 3 ot 2024, dat-ed23.07 .2024, on the reason that the petitioners property is placed in the prohibited list by the Government of relarrgana vide Andhra Pradesh Gazzelle No.6-4, datedO9.02.1989, issued by the wakf board, inspite of orders from this Hon'ble court setting aside the above said notification dated09.02.1989, in w A.No 373 of 2021, on dt. 12.11.2021 as illegal, arbitrary, unjust, unconstitutional, and contrary to the provisions of Relyistration Act, 1 g0B and against all settled principles of law, and consequenfly direrct the respondents more particularly respondent no.3 to receive, process and register the petitioners property in favour of respondent no.5, obtained vide registered sale deed document no. 17763 of 2006, dated 31.08.2006, bearing plot no.s g1 and 82, ad Tieasuring 1OOOsquare yards or 836.10 sq mts, which fall in Survey Numbers 299(P), 300(P) and 301(P) approved by HADA vide layout no LPNO02/LAYOUr/HADA/2006, Dated 07.08.2006 known ar; vtstoN vALLEy situated at Mamidipally village. saroomagar Mandal, Ran 3a Reddy District, champapet SRo, Balapur Mandar. RangaReddy district, by setting aside the refusal order no Lr No. 313 of 2024. daled23.O7 2024 issued by Respondent. No.3 in view of the orders from this Hon'ble court in w.A. No 373 of 2021 , on dt. 12.11 .2021 . lA NO: 1 OF 2024 Petition under Section 151 cpc praying that in the ci.cumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the official respondents more particularly responderrt no.3 to receive, process and register the petitioners property, in favor ol respondent no.5, obtained vide registered sale deed document no. 17763 of 2006, dated 31.08.2006 bearing Plot no.s B1 and g2, admeasuring 1O{)OSquare yards or 836.10 Sq mts, which fatl in Survey Numbers 299(p), :OO(p) and 30i(p) approved by HADA vide layout no LpNoo2/LAyour/ljADA/2006, Dated 07.08.2006 known as "vtsloN vALLEy" situated at M'amidipaily village, saroornagar Mandal, Ranga Reddy District, champapet sRt), Barapur Mandar, RangaReddy district, by setting aside the refusal order nolr.No. 313 of 2024, daled23.o7.2024 issued by Re-spondent. No.3 in view of the orders from this Hon'ble court in W.A.No 373 of 2021 , on dl. 12.11.2021 . 7 Counsel for the petitioner: SRI SIRIPURAM KAUMUD Counset for the Respondent Nos.1 To 3, cp idC'STAMpS AND counser rorthe Respondent No.4: sRTABU X^TltlHitJ*,*u Counsel forthe Respondent No.S: _ The Court made the following: ORDER SK, J \t'.P.No.21367 ol 2024 THE HON'BLE SRI JUSTICE K.S^A\RATH ORDER: W.P.No.21367 of 20.24 'l'his ri.rit pctition is filed questioning, the action of the respondent No.3 in passing the order Lr.No.313 of 2024 daterl 23.O7 .2024 in refusing to reo()ive, process and registcr tl-re property of the petitioner- bearing plot Nos.81 ar-rri 82 adrneasuring lOOO sq. yar.cls or g36.lO sq. mtrs in Sy.Nos.299(p), 300(p) and 301(p) approved by HADA ridc la-vout Lp No.O2ILAYOUT/HADA/2006 dated 07.08 ?0O(r known as Vision Valle./,, situated at Mamidipall.v Village, Saroornagar Maadal, Ranga Reddy Disrrict, Cthampapet SRO, Balapur Mandj, Ranga Reclcly District, in favour of the respondent No.S vide registcred sale deed document No. 17763 of 2006 dated 31.08.2006, as illegal and arbitrary. 2. Hcarcl lcarned counsel for the petiticner, learned Assistant Government pleader for litamps and Registration and learned Standing Counsel for the respondenr No.4-Wakf Board. \ I 2 SK, J W. P. No.21367 ot 2024

3. Learned Counsel for the petitioner submits that the respondent No.3 has refused to receive the sale deed submitted by the petitioner with regard to the subject property on the ground that the subject plots 1n Sy.Nos.299(P),300(P) and 301(P) situated at Mamidipally Village are included in the prohibited list as per the Gazette Notification Andhra Pradesh Gazette No.6-A dated 09.02.1989. He submits that the said Gazette Notification was challenged before this Court in W.P.Nos.5938 of 2008 and batch and this Court by common order dated ll.O2.2O2l has set aside the said Notihcation in the second batch of writ petitions. Questioning the same, W.A.Nos.3l8 of 2021 and batch were hled and a Division Bench of this Court has upheld the orders of the learned Single Judge and dismissed the said appeals by common Judgment dated 12.11.2021 . Questioning the said orders, the respondents have frled SLP Nos.4166-4 175/2022 and the same was a-lso dismissed by the Honble Supreme SK, J W .I'.No.21367 ot 2024 Court on 2e'.11.'2024. He further submits l,hat in spite of that, thr' respondents have issued th,: impugned refusal letter- No.313 ol 2024 dated 23.C7.2024 and after liling t his u'rit petition also, agairi they have issued another letter Lr.lrio.313/2025 dated 05.02.2025 for the same reasons and requested to allou, thr' g,rit pctition by setting asidt, the refusal order passcrl by, thr: respondent No.3 in view of the orders of this Court and the Division B,:nch of this Court as we'll as the Hon'b1e Supreme Cour-t.

4. Learnr:d Assistant Government Pleader for Stamps and Registration and learned Standing Counsel lor the respondent No.4-Wakf Boa.rd have not disputed u,ith regard to the order of this Court in setting asidc the Andhra Pradesh Gazettee Notification No.6-A datecl 09.O2.1989 and requesled to pass appropriater orders

5. In vieu, of the submissions of learne,l counsel for the both sirles, tl-re' Writ Petition is allow,:d by setting I I 4 SK, J W .P.No.21367 of 2rJ24 aside the impugned refusal letter No.3 13 of 2024 dated 23.07.2024 and the respondent No.3 is directed to receive, register arrd release the document submitted by the petitioner subject to the petitioner complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1g99 without reference to the Andhra pradesh Gazette Notihcation No.6-A dated Og.O2.lggg. It is also open to the Registering Authority to refuse to register the document by specifically assign the reasons and communicate the said decision to the petitioner. There sha]l be no order as to costs. 6. Miscellaneous Applications, if any pending in this writ petition, sha_ll stand closed //TRUE GOPY// SD.K.SREERAMA MURTHY DE UTY REGISTRAR CTION OFFICER To 1 2 T H T District. he Secretary, Revenue (Stamps and Registration) Department, Secretariat, yderabad, State of Telangana. he District Registrar, Registration and Stamps Department, Ranga Reddy

3. The Sub-Registrar, Registration and Stamps Department, SRO, Champapet, RangaReddy District

4. The Chief Executive Officer, Telangana State WaK Board, At Haj House Complex, Nampally, Hyderabad

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

7. One CC to SRI ABU AKRAM, SC FOR TSWB IOPUC] B. Two CD Copies PSK. LS w HIGH COURT DATED:0810412025 ORDER WP.No.21367 of 2024 I -= 1"- ''-.- li:: ,r l. i . 1 1Z fi 2C6 rc r :r,q-1-.;-; :, il:it.il .;i / '/ ALLOWING THE WRIT PETITION WITHOUT COSTS LI ES