B. Gnaneshwar v. 1. 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 a Writ, Order or Direction more particularly one in the nature of Writ of Mlandamus declaring the Refusal Order No. 268/2025 dt. 17- 07- 2025 refusing to receive, register and release the Sale Deed bearing P. No. 44512025 dt. 17-07-2025 relating to the House Plot No. B- lll144, in B. K. Enclave, admeasuring 254 sq. yards in Sy. No. 4414 (Old No. aQ of tMaktha ft/ahaboobpet village, Serilingampally [Mandal, GHIVIC Serilingampally Circle, R.R.District basing on the Letter Lr. No. E1t3387t2O24 dt.03- 1O-2024 issued by the 3rd respondent inspite of several orders without establishing title to the lands, as highly illegal, contrary to law and consequently direct the 5th respondent to receive, register and release the Sale Deed Pending document No. 445 of 2O25 in respect of the House Plot No. B- 1l/1 44,in B. K. Enclave, admeasuring2S4 sq. yards in Sy. No' 4414 (Old No. 44) of Maktha Mahaboobpet village, Serilingampally Mandal, GHMC Serilingampally Circle, R.R.District. 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 5th respondent to receive, register and release the Sale Deed Pending document No. 445 of 2025 in respect of the the House Plot No. B- 111144,in B. K. Enclave, admeasuring 254 sq. yards in Sy. No. 4414 (Old No. 44) of Maktha Mahaboobpet village, Serilingampally Mandal, GHIVIC Serilingampally Circle, R. R. District without reference to the Letter No. E1/3387/2024 dt.03- 10- 2024 issued by the 3rd respondent and the Refusal Order No. 268 of 2025 dt. 17- 07- 2025 issued by the Sth respondent pending disposal of the writ petition. Counsel for the Petitioner: SRI N.M.KRISHNAIAH Counsel for the Respondents: SMT. S.SRAVANTHI, AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.2 3670 of 2o25 ORDER: Heard 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 at the stage of admission itself.

2. The learned counsel for the petitioner has submitted that on earlier occasion, this Court passed order in W.P.No.33O90 of 2023 dated 06.12.2023 and directed the respondent authorities to register the documents presented /pending before the respoudcnt authorities with regard to the same survey number without reference to the Notification dated 26.09 .20 13. The subject land in the present writ petition also pertains to the sarne survey number and also similar letter issued by the respondent No.3 in Lr.No .trL / 3387 /2024, dated 03. 1 O.2024. In view of the same, the respondent No.S issued impugned Refusal Order No.26B of 2025, dated 17.O7.2025. t t 2 SK,J W.P.No.23670 of 2o.25

3. Learned counsel for the petitioner further submits that there is a chequered history of S1'.No.44 situated at Maktha Mahabubpet Village, Serilingampally Mandal, Ranga Reddy District. With regard to the entries of Sy.No.44 in revenue records, the orders passed by the Chief Commissioner of Land Administration in File No.P3 145612OL3, dated 29.O5.2O14 was set aside b-1' this Court earlier in W.P.No.23574 ol 2014, <lated 17.OI.2Ol7 and granted liberty to the authcrities to talce action as per the order passed by the Joint Collector in Dll7305l1999 cn 19.0L2O13 and the Joint Collector in his order dated

19.01.2O).3 directed the Deputy Collector and Tahsildar, Serilinga-rnpally Mandal, Ranga Redd.y District to examine the recorcls in respect of the subject lands and if he found any fabricated material produced relating to lraud for issuance of supplementar5i sethwar and for obtaining correction of revenue records, file compreht:nsive Civil Suit for declaration of title and for recovery of possession in favour of (iovernment in accordance with [arv. Aggrieved by the orders in W.P.No.23574 of 20 14, dated 17.OL.2Ol7, tl-:'e I 3 SKrJ W.P.No.2367O of 2o25 respondent authorities have filed W.A.No.1499 of 20 18 and the same was dismissed by the Division Bench of this Court on 25.1| .2024 . In spite of that the respondents again showing the suit schedule property in the prohibited list and the same is contrary to the orders of this Court.

4. Learned counsel for the petitioner further submits that this Court passed orders in W.P.No.33O9O of 2023, dated 06. 12.2023 and directed the registering authorities to register the lands without reference to the notification dated

26.O9.2OL3. The subject land in the present writ petition also pertains to same survey number and the respondent No.3 in Lr. No .EL / 3387 / 2024 , dated 03. 1 O .2024 before the dismissal of W.A.No. 1499 of 2018, dated 25.IL.2O24. Basing on the letter dated 03. 1 O .2024 issued by the respondent No.3, the respondent No.S issued impugned Refusal Order No.268/ 2025, dated 17 .OT .2025 and the same has to be liable to be set aside. \ \ 5 On the other hand, learned Assistant Government Pleader for starnps and Registration not disputing the 4 SK,J W.P.No.23670 of 2025 ' ;:,:.ti disposal of the W.P.No.33090 of 2023 dated 06.12.2023 and also the orders in W. P. No. 2357 4 of 20 14, dated 17 .Ol.2Ol7 and W.A.No. 1499 of 2OlB dated 25.11.2024 and requested to pass appropriate orders.

6. Recording the above submission made by learned counsel or-r either side and without expressing any opinron on the mcrits of the case, this writ petitiou is disposed of directing the Registering Authority to receivc, registcr and release the subject document presented b.y the petitioner, without reference to the letter dated 03.1O.2024 issued by the respondent No.3 and without reference to the impugned Refusal Order No.268 of 2025, dated 17.O7.2025 issued bv the respondent No.S, subject to the pet.itioner complying with the provisions of the Indian Registration Act, l9OB/' and Indian Stamps Act, 1899. It is also open to the Registering Authority to refuse to register the document if any other objection and communicate the said decision tcl the petitioner. ) 5 sK,J W.P.No.23670 of 2o25

7. It is also made clear t-hat this order does not preclude the Government/District Cclllector to take appropriate steps as warranted by law and to assert its title. If any proceedings/suit/appeal pending between the executants of the document/government or any other interested party, the registration of the document will be subject to the result of that proceedings/ suit/ appers[.

8. Accordingly, tkris wr:iL petition is disposed of. No order as to costs.

9. Miscellaneous Petitions, if an5., pending in this writ petition shall stand closed //TRUE COPY/ SD/.K.BHAVANI SWAMY ASSISTANT REGISTRAR / g SECTION OFFICER The State of Telangana, Rep. By its Secretary, Revenue Department, Secretariat, Hyderabad. The Commissioner and lnspector General of Registration and Stamps, Telangana, Hyderabad. The District Collector, Ranga Reddy District. The District Registrar, Ranga Reddy District. The Joint Sub- Registrar- ll, RO. (OB) Ranga Reddy District. One CC to SRI N.IVI.KRISHNAIAH, Advocate [OPUC] Two CCs to GP FOR STAIMPS AND REGISTRATION, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies To 1 2

3. 4. 5. 6. 7.

8. PSK.orrg HIGH COURT DATED:1210812025 ORDER WP.No.23670 of 2025 /t,1 I I -fHE s;4 { :L 2E r{0ll il6 TCHE0 * * z. DISPOSING OF THE WRIT PETITION WITHOUT COSTS { $