✦ High Court of India · 13 Aug 2025

The High Court · 2025

Case Details High Court of India · 13 Aug 2025
Court
High Court of India
Decided
13 Aug 2025
Bench
Not available
Length
1,324 words

Judgment

2. J 4 5 The State of Telangana, rep. By its Secrelary, Revenue Secretariat. Hvderabaf The Commisiioner and lnspector General of Regiskation Telangana, Hvderabad. The District C'ollector, Ranga Reddy District. I ne utstnct Regtstrar, Ranga Redd, District. the Joint Sub-Registrar-il, -nO (OSi RangJ ReOOy Distrtct. Department, and Stamps,

,..RESPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a wrir, order or Direction more particurarry one in the nature of writ of Mandamus decraring the Refusar order No.29 of 2o2s dt.o}_o2-202s refusing to receive, register and release the Sale Deed bearing p.No.5Zi2025 relating to the House plot No. 1g7, admeasuring 200 sq. yards, forming part of Layout Fire No-1284fiilp.HrHUDtug1 in Sy.No 44 (Sub-Division Nos.44r3r1 , 44/2 and 4415), situated at Maktha Mahabubpet virage, seriringampary Mandar under GHMC Seriringampaly circre, R.R.District, basing on the Letter Lr. No-E11338712o24 dr.o3-10-2024 issued by the 3rd respondent inspite of several orders without establishing ti e to the lands, as highly illegal, contrary to law and set aside the Lr.No.E 1/33 gl2o24 dt.o3-1o-2024 and the refusar order dt.08-02- 2025 and consequenfly direct the Sth respondent to receive, register and release the sare Deed Pending document No.57 0f 2025 in respect of the House prot No.187, admeasuring 2OO sq. yards, forming pa 1 of Layout File No.1284/lvlP. H/HU DA,/S'1 in Sy.No.44 (Sub-Division Nos.44l 11,4412 and 44/S), situated at Makin. Mahabubpet vi age, Serilingampally trti ndar under GHMC Serilingampally Circle, R.R.District IA NO: 1 OF 2025 Petitron under Section 15.1 CpC praying that in the cir: the affidavit filed in support of the petition, the High Cour direct the 5th respondent to receive, register and release tho document No.57 of 2025 in respect of the House plot No. t {} sq. yards, forming part of Layout File No.1284/lvlp. H/HU DAi e Division Nos.4413/1 , 4412 and 4415), situated at Maktha \ Serilingampally Mandal under GHIvIC Seritingampally Circte reference to the Letter No.E11338712024 dt.O3_10_2024 i respondent and the Refusal Order No.29 of ZO25 dt.Og-O2_2A2 respondent pending disposal of the writ petition rmstances stated in nay be pleased to iale Deed Pending , admeasuring 200 1 in Sy No.44(Sub- ahabubpet village,

1.R. District without sued by the 3rd i issued by the sth Counsel for the Petitioner: SRl. N. M. KRISHNAIAH Counsel for the Respondents: Smt. S. SRAVANTHI, AGP FOR STAMPS AND REI; STRATION The Court made the following: ORDER // - THE HONOI'RABLE SRI JUSTICE K.SARATH WRIT PETITION No.23797 of 2or25 ORDER: Heard Sri N.M.Krishnaiah, 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 thc petitioner has submitted that on earlier occasion, lhis Court passed order in W.P.l{o.3309O of 2023 dated 06.12.2023 and directed the respondent authorities to register the documents presented /pending before them with regard to the s€une survey number without reference to the Notification dated

26.09.2073. The subject land in the present writ petition also pertains to the same survey number and also similar letter issued by the respondent No.3 1n Lr.No.E 1/3387/ 2024 dated O3.1O.2O24. In view of the sarne, the respondent No.5 issued impugned Refusal Order No.29 of 2025 dated O8.O2.2O25. & 1

3. Learned Counsel for the petitioncr f:-l rtl-rer subtnits that there is a chequered history of Sy.No. t4 situated at Maktlra Mahabubpet Village, Serili.rgan., r.rlly Mandal, Ranga Reddy District. With regard to he cntries of Sy.No.44 in revemre records, the orders pas:; :d by the Chief Co;nmissioner of Land Adrrrinistration in F'i e No.P3/456/ 2013 dated 29.05.2014 was set aside by thi in W.P.No.23574 of 2014 dated 17.O1.2O ; Courrt carlier z and grantcd Iiberty to the authorities to take action a i per thc order passed by the Joint Collector in Dl l', 30611999 on

19.01.2013 and the Joint Collector in lL s ordt:r dated

19.01.2013 directed the Deputy Collector md 'lahsildar, Serilingampally Mandal, Ranga Reddy Dis r ict to examine the record.s in respect of the subject lands i nd if he found any fabricated material produced relatir'1 issuance of supplementary sethwar ancl to lraud for for obtaining correction of revenue records, file compreh: :rsive Civil Suit for declaration of title and for recovery ol possession in favour of Government in accordance with lar ,. Aggrieved bY the orders in W.P.No.23574 of 2Ol4 dated 7 .Ol.2Ol7 , t1:.e -./' respondent authorities have filed W.A.No.1499 of 2018 and the same was dismissed by the Division Bench of this Court on 25.11.2024. In spite of that the respondents again showing the suit schedule property in the prohibited list and the same is contrar5r 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. L2.2023 and directed the registering authorities to register the lands without reference to the notification dated

26.09.2013. The subject land in the present writ petition also pertains to same survey number and the respondent No.3 in Lr.No.E1l3387 /2024 dated 03.lO.2024 before the dismissal of W.A.No.1499 of 2Ol8 dated 25.tt.2024. Basing on the letter dated O3.1O.2O24 issued by the respondent No.3, the respondent No.5 issued impugned Refusa-l Order No.29 of 2025 dated 08.02.2025 arrd the same has to be liable to be set aside

5. On the other hand, learned Assistant Government 1 Fleader for Stamps and Registration not disputing the ---. _ -. _t 4 i disposal of the W.P.No.33O9O of 2023 ttated 06.12.2023 and alsc the orders in W.p.No.23S7,+ of 2Ol4 dateci i7.O1.2017 and W.A.No.t499 ot 2OL8 (ated 25.11.2024 and requested to pass appropriate orciers,

6. Recording the above submission r rade by learned counsel on either side anci without expre.r sing any opinion on the merits of the case, this writ petiti trr is disposed of directing the Registering Authorit), to rcc:, rive, register. aritl release the subject document presentecl l,y thc petil.iooer, without rel-erence to the letter dated 03.) 1.2024 issued by the responclent No.3 as well as the impug::d Refusal Ordcr No.29 of 2025 dated 08.O2.2025 issued b , the responclenL No.S, subject to the petitioner comg lying with the provisions of the Indian Registration Act, LgOg and Inclian Stamps Act, 1899. It is also open tc the Registering Authority to refuse to register the docur::nt if any other objection and communicate the said lecision to the petitioner. ,)/./ 1 \ 5

7. It is also made clear that this order does not preclude the Government/District Collector 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/ appeal.

8. Accordingly, this writ petition is disposed of. No order as to costs.

9. Miscellaneous Petitions, il any, pending in this writ petition shall stand closed. l \ To, 1 I 4 5 t) 7 //TRUE COPY// Sd/.M.NAGAMANI ASSISTANT RE9,ISTRAR @ SECTION OFFICER The Secretary, Revenue Department, Secretariat' T S 'Hyderabad' ii]. c-#.i..i"nei ano tnspirctoi Generat of Registration and Stamps' Telanoana. HYderabad ii;Dil;Gi C6itector, Ransa Reddv District' il:,fil":*btrf$f iffiqilflfl,,$'tr{",:,plsnc.,ni.,,n" Sia'i" ot l"iangana at Hyderabad [OUT]

8. Two CD CoPies BIV SA rA HIGH COURT DATED:1310812025 ORDER WP.No.23797 of 2025 / .-I\ .r' 11 t:r 2W /:. * : i l\,. :- ' -../ ( DISPOSING OF THE WRIT PETITION WITHOUT COSTS (t- \o \ )

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