High Court · 2025
Case Details
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (SPecial Original Jurisdiction) [ 3302 ] MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K.SARATH WRIT PET ITION NO: 23585 OF 2025 Between: S. Jaqanmohan Reddy, S/o S Krishna Reddy, Aged 5! years, O^ccu Em$olee, R/o Quarter'No. TRT-86. Vidyanagar, Hyderabad Telangana titate - 5oo o44' ...PETtrtoNER AND
1. The State of Telangana, Rep, by its Principal Secretary' Revenue, (Stamps Z. ine Sp6Ciat Chi6f Sejcretary to Government,'and Chief Commissioner of Land and Reqistration ) Dlepartmeht, Secreta riat, Hyderabad. Admiriistration (FAC) Goveinment of Telang-ana, Hyderabad.
3. The Commissidner dnd lnspector General, Stamps and Registration Deoartment. Moiamiahi Market, Hvderabad -oisirict +. ih5 5. The Sub-Registrar, Bhongiri, Yadadri Bhongir District. Yadadri Bhongir District. Registrdr, Stamps ancl Registration and Assurances, Bhongir' ...RES.ONDENTS 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 declaring the inaction of the Respondent No.5 in receiving and registering the documents presented by the Petitioner in respect of open Plot No. 55/South Part (Residential Zone), in Sy. No. 586, admeasuring an extent of 1 70 Sq. Yards or Equivalent to 142.12 Sq tr/trs., situated at London Town' Bhongiri Town and Mandal, Yadadri Bhongir District, covered by the registered sale deed document Nos.923/2014 is registered in the office of Respondent-No.5, on the ground that the Respondent No.3 issued a lr/lemo No,G21540212016 dated 0g.12.2019 wherein including the list of properties under section 22-A of Registration Act, 1908 belongs to the properties of Gangster Nayeemuddin @ Nayeem including the communication dt.09.12.2019 issued by Respondent No.4 and communication letter No.ROR-l/'1 14012019 dt.05.12.2019 issued by .. r\l ' ,,/' Respondent No.2, as the same is i{legal, arbitrary and contrary to the provisions' of Section 22-A of Registration Act, 1908 and Consequently declare the [\/emo No.G21540212016 dated 09-12-2019 issued by Respondent No.3 is illegal, arbitrary and one without jurisdiction and consequently direct the Respondent No.5 to receive and register the documents in respect of the above said land. lA NO: 1 OF 2025 Petition under Section 15'1 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.5 to receive, register and release the documents presenled by the Petitioner in respect of open Plot No. Ss/South part (Residential Zone), in Sy No. 586, admeasuring an extent of 170 Sq. yards or Equivalent to 142.12 Sq. Mtrs., situated at London Town, Bhongiri Town and Mandal, yadadri Bhongir District, covered by the registered sale deed document Nos.923/20.14, dated 03.02.2014 is registered in the office of Respondent No.5, on the ground that the Respondent No.3 issued a lvtemo No.G2lS4OZt2O16 dated 09122019 wherein including the list of properties under Section Z2-A of Registration Act, '1908 belongs to the properties of Gangster Nayeemuddin @ Nayeem including the communication dt.09.'12.2019 issued by Respondent No.4 and communication letter No.ROR-l1114012019 d1.05.12.2019 issued by Respondent No.2, as the same is illegal, arbitrary and contrary to the provisions of Section 22-A of Registration Act, '1908 and Consequently declare the Memo No.G2l54O2l2O16 dated 09-12-2019 issued by Respondent No.3, pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI K.V.SUDHAKAR Counsel for the Respondents: SMT. S.SRAVANTHI, AGp FOR STAMPS AND REGISTRATION The Court made the following: ORDER t I i f { I THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.23585 of 20.25 ORDER: Heard Sri K.V.Sudhakar, learned counsel for the petitioner and Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of
2. It is represented by learned counsel for the petitioner that the issue involved in this Writ Petition is covered by an order passed by this Court in W.P.No.1859 of 2023, dated 07.02.2023 and WP No.l1006 of 2023, dated 2O.O4.2O23. This Writ Petition can also be disposed of in terms of the said Writ Petition.
3. Learned Assistant Government Pleader for Stamps and Registration has not disputed the said contention of learned counsel for the petitioner.
4. After having taken note of the fact that the Endorsement uide Memo No.G2l5402 l2016, dated 09.12.2019 and the letter No.ROR-I/1L4O/2019, dated
05.12.2019, in W.P.No. 167a7 of 2O2l and Batch, dated 2
25.03.2022, this Court clisposed of W.p.No. 1859 of 2023 on 07.O2.2023, holding as under:- ". ..in the aboue ciranrnstctnces, tttc Wit petitiort is disposed of dtrecting resportd_ent No.6 to receiue the documents that are sought to be presented. bg tlrc pcl itioner for registration in respect of the sublect p,roperties, without reference to the Enclorsement, dated 09.12.2O19, issued_ bg ttrc Cotnmissioner oJ. inspector General of Stamps ancl Registration by uerifging as to uhetLer the agiculture lands that are being claimed bg the petitioner are the subject matter oJ the suid O.S.No.22 of 2O2t on the file oj the Se,rio, Ciuii Judge, Bltongir, or not and_ proce,ss the same tn accordance uitl-t laut. The entire exercise, as directerl aboue, shall be completed as exped.itiou.sly as possible at ang rate, within a peiocl of four tueeks from the date of presentation of the clocument bg the petitioner. There shatl be no order as lo cosfs. ,,
5. In the light of the above anrl. following the order in W.P.No.1859 of 2023 dated O2.O2.2O23 and W.P.No.11006 of 2023 d,ated 2O.O4..2O2I, this Writ petition also disposed of directing the respondent No.S_Sub Registrar to receive the document that are sought to be presented by the petitioner for registration in respect of the subject properties without reference to the Endorsement, dated O9.12.2OI9 and the letter, dated O5.L2.2O19, issued by the Commissioner of Inspector General of Stamps arld Registration and process the same, subject to the said 3 document complying with the requirements of the Registration Act, 1908, and the Indian Stamp Act, 1899, as expeditiously as possible, within a period of four (4) weeks from the date of presentation of the document by the petitioner and communicate the same to the petitioner.
6. Accordingly, this wit petitions disposed of. Miscellaneous applications, if aly pending, shall stand closed. No order as to costs sD/-K sffPEu++H#i3IIXX //TRUE COPY// SECTI OFFICER To
1. 2 J 4 5 6 7 R *:,:i:liit',i;f88l?]rSf"€:i?J':Lufl ih:"'.l:n#tlS;z:'s"#lrlH:ll",lU,:tll&"#'"l'-l::*orLand Tha commissioner and'".'riJli""i'o"itiiit' il;;,i#i:i'i;;imlani M"t'"t' HY{e'aP?d, - -, ^ ThA District Registrar, Stamps and Registration and ASSUrances' Bhongir' "stamps' ano Registration :'::,T:,':'','.n)Department' $,#ii",;#f*lp*N$fit:i"Fliri . Two CD CoPies H g h c. u * r'r'1he PSK. BS W { $ \ \ / ( l t { t. T HIGH COURT DATED:1 110812025 ORDER WP.No.23585 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS 1 11/ l/ g t,b