The High Court · 2025 on 13 Aug 2025

Judgment

1. 2_

5. 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 Distrit. The District Registrar, Ranga Reddy District. The Joint Sub-Registrar-ll, RO.(OB) Ranga Reddy District, ...RESPONDENTS 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 pteased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the Refusal Order No.28 of 2025 dt-O8-02-2O25 refusing to receive, register and release the Sale Deed bearing P.No.56/2025 relating to the House PIot No.188, admeasuring 166.67 sq. yards out of 250 sq. yards, forming part of Layout File No.1284/tt/P.H/HUDA/g1 in Sy.No.44 (Sub- Division Nos.44i3l1 , 4412 and 4415), situated at lvlaktha [Vlahabubpet village, Serilingampally Mandal under GHMC Serilingampally Circle, R.R. District, basing on the Letter Lr.No.E1l338712024 d1.03-1O-2024 issued by the 3rd respondent inspite of several orders without establishing title to the lands, as highly illegal' contrary to law and set aside the Lr.No.E1l338712024 dt.O3-10-2O24 and the

refusal order ct.O8-O2-2o25 and consequently direct the 5th respondent to receive, register and release the Sale Deed Pending dor;ument No.56 of 2025 in respect of the l-louse Plot No.188, admeasuring 166.67 sq. yards out of 250 sq. yards, forming part of Layout File No.12B4lMP.HiHUDA/91 in Sy.No.44(Sub- Division Nos.4413/1 ,4412 and 4415), situated at Makthzr firlahabubpet village, Serilingampally l\rlandal under GHMC Serilingampally Circler, R.R. District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the .rircumstances stated in the affidavit filed in support of the petition, the High ()ourt may be pleased pleased to direot the Sth respondent to receive, register and release the Sale Deed Pending rjocument No.56 of 2025 in respect of the House Plot No.188, admeasuring 166.67 sq. yards out of 250 sq. yards, forming part of Layout File No.12B4ltMP.Hil-IUDA/91 in Sy.No.44(Sub-Division Nos.4.1/3/1 , 4412 and 4415), situated at IVaktha IVlahabubpet village, Serilingampally lVlandal under Gl-lMC Serilingampally Circle, R.R. District without refer€)nce to the Letter Lr.No.E11338712024 d1.03-1O-2024 issued by the 3rd respondent and the Refusal Order No.28 of 2025 dt.08-02-2025 issued by the 5th respondent pending disposal of the writ petition. Counsel for the Petitioner : SRI N.M-KRISHNAIAH Counsel for the Respondents: SMT.S.SRAVANTHI, . ASST.GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No of 2o.25, 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 the petitioner has submitted that on earlier occasion, this Court passed order in W.P.No.3309O of 2023 dated 06.12.2023 and directed the respondent authorities to register the documents presented /pending before them with regard to the same survey number without reference to the Notification dated

26.09.2013. 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 in Lr.No.E t /3387 / In view of the sarne, the 2024 dated 03. 1 O .2024 . respondent No.5 issued impugned Refusal Order No.28 of 2025 dated O8.O2.2O25. i { t ! ! 2

3. Lear:red Counsel for the petitioner further submits that there' is a chequered tristory of Sy.No.44 situated at N{aktha lWahabubpet Village, Serilingarrrpaliy Mandal, Ranga Reddy District. With regard to the entries of Sy.No.44 in revenue records, the orders pas:ied by the Chief Comrnissioner of Land Administration in File No.P3l456l 2Ol3 dateci 29.O5.2O14 was set aside by this Court earlier in !V.P.No.23574 of 2OL4 datecl L7.O1.2O17 and granted liberty to the authorities to take action as ller the order passed b), the Joint Collector i, D,L l '7 306 1 1999 on 19.0 I .2013 and the Joint Collector in his order dated

19.0 L.2Ol3 directed the Deputy Collector and Tahsildar, Serilingampally Mandal, Ranga Reddy District to examine the records in respect of the subject lands ernd if he found any fabricated material produced relatinpl to fraud for issuance of supplementar5r sethwar and for obtaining correction of revenue records, file comprehensive Civil Suit for declaration of title and for recovery of possession in favour of Government in accordance with lar,. Aggrieved by the orders in W.P.No.23574 of 2014 dated 17.O1.2O17, the 3 respondent authorities have filed W.A.No. 1499 of 20 18 and the same was dismissed by the Division Bench of this Court on 25.1L .2024 . In spite of that the respondents again showing the suit schedule property in the prohibited list and the sarne 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.33O90 of 2023, dated O6.L2.2O23 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 03.1O.2O24 before the dismissal of W.A.No. L499 of 2018 dated 25.11.2024. Basing on the letter dated 03. 1 O.2O24 issued by the respondent No.3, the respondent No.S issued impugned Refusal Order No.28 of 2025 dated O8.O2.2O25 and the same has to be liable to be set aside.

5. On the other hand, learned Assistant Government huleu.de. for Starnps and Registration not disputing the 4 disposal of the w.p.No.33og0 of 2023 dated 06.12.2023 and also the orders in w.p.No. 23s74 of 2oL4 dated 17.or.2ctl7 and w.A.No. L4gg of 201g clated 2s.r1.2o24 and requested to pass appropriate orders.

6. Recording the above submission made by learned counsel on either side and without exprcssing any opinion on the merits of ttre case, this writ petitic,n is disposed of clirecting the Registering Authority to receive, register and reiease the subject document presented by the petitioner, without reference to the letter c{ated 03.1o,2o24 issued by the respondent No.3 as r,verl as the impugned Refusal orcler No.28 of 2025 dated 08.o2.2025 issued by the respondent No.5, subject to the petitioner complying with the provisions of the Indian Registration Act, l90B and Indian Stamps Act, 1899. It is also open to the Registering Authority to refuse to register the d.ocument if any other objection and communicate the said clecision to the petitioner. / / 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, if any, pending in this writ petition shall stand closed. //TRUE COPY/ ED ABDULLA ISTANT RE N OFFICER To, \ \

1. The Secretary, Revenue Department, Secretariat, S Hyderabad. of Telangana,

2. The Commissioner and lnspector General of Registration and Stamps, Telangana, Hyderabad.

3. The District Collector, Ranga Reddy Distrit. 4. The District Registrar, Ranga Reddy District. 5. The Joint Sub-Registrar-l[, RO.(OB) Ranga Reddy District. 6. One CC to SRI N.IV|.KR|SHNAIAH, Advocate. [OPUC] 7. Two CCs to GP FOR STAIVIPS AND REGISTRATION, High Court for the State of Telangana. [OUT]

8. Two CD Copies. BSK MMT ?M'q. 1 t HIGH COI.JRT DATED:1 -?,/0812025 ORDER WP.No.23822 of 2025 ,/. /. (-)\" ,::'. (: .J,{\ f j r) B:I [: t Pm] t i .-:'..;pa_nyt :"J ,=:-- -;';r'" DISPOSING OF THE WRIT PETITION WITHOUT COSTS 11 Pnq, ,*'\rr'l{