✦ 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
1,414 words

preased to issue any writ order or direction more particurarly one in the nature of writ of decraring the inaction of the Respondent No.3 in receiving, registering and releasing of the sale deeds/deed of petirioner in respect of rhe semi-Finished Ftat ," Floor), 201, 2O2,and 203 (in Second Ftoor), 301, 302, 303 (in Third Floor), 401, 4O2, 4O3 (in Fourth Floor). 501, 502, 503 (in Fifth Ftoor), in the buitding name KNOWN AS L VENKATA SRINIVAS TOWERS , ON OPEN LAND iN DISMANTICS House bearing No.49_308/3 (pTlN No..t 150701098), on ptot No 29, ptot No.3o/part and Appurtenant rand of House bearing No.4g-30g/3 (prN No.115070109g) on plot No.30 part, Covered Under Block No.49, in Survey Nos. 109 and 12916, situated at padmanagar Colony, phase_.1, of Village. QUTHBULLAPUR, Mandat. euthbulapur, GHMC., euthbuilapur Circte, Medchat- tt/alkajgiri Dist., Telangana State., Sub -Dist. . euthbu apur, Dist. and Regn _Dist. ' Medchal-lvlalkajgiri, on the ground that the survey numbers where the petitioner's property is situated is notified under as prohibited property rist under Section 22-A of Registration Act, on ground that the Lr No.El/MDL/D 1/1532/2017_ 1, Dated. 24.02 .2024. as per the vide Gazette Notification RR No.83 communicaled by Joint Collector, Ragna Reddy vide File No.E5/4730/ Quthbullapur dt.2;.Og.2O13 and Deputy Collector and Tahasildar, euthbultapur Mandal f ile No. 8/583/201 2 dt.17 .02.2012 and Gazette Notification No. 134 dt.j0.03.2005 and c.O.Ms.No.292 and 296 Revenue (Registration t), grh March,2005 communicated by Commissioner and lns Hyderabad vide Fire No.G j/4661/20 os dt.o2.o7.2orl"::: :;;':iJHtr:: unconstitutionar and consequenry direct the Respondent No.3 to receive, register and rerease the sare deeds/deed of conveyance presented by the petitioner in respect of the Semi_Finished Flat No,s. Flat No_ 1O1,102,103 (in First Ftoot), 2O1, 202,and 203 (in Second Ftoor), 301, 302, 303 (in Third Ftoor), 401, 402, 403 (in Fourth Floor), 501, 502, 503 (in Fifth Floor), in the building name known as L VENKATA SRtN|VAS TOVyERS, on OpEN LAND in Dismanrtes House bearing No.49-308/3 (prN No. 1 15070i ogs), on prot No.29, prot No.30/part and Appurtenant land of House bearing No.49_30S/3 (pTlN No. j 1 5070.1 098), on plot No.30 part, Covered Under Block No.49, in Survey Nos. 109 and 12g16, situated at Padmanagar Colony, phase_1, of Village_ eUTHBULLApUR, trrlandal. Quthbullapur,GHMC.,QuthbullapurCircle,Medchat-MalkajgiriDist'Telangana State., Sub -Dist. . Quthbullapur' Dist. and Regn -Dist Medchal-Malkajgiri' l.A. 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 Respondent No3 to receive, register and release the sale deeds/deed of ionveyance presented by the petitioner in respect of the Semi-Finished Flat No's.FlatNo.101,102,'l03(inFirstFloor)'201,202,and203(inSecondFloor)' 301, 302, 303 (in Third Floor). 401, 402, 4O3 (in Fourth Floor)' 501' 502' 503 (in FifthFloor),inthebuilding.nameknownas..LVENKATASR|N|VASToWERS"' on OPEN LAND in Dismantles House bearing No 49-308/3 (PTIN No.1150701098), on Plot No'29, Plot No30 Part and Appurtenant land of House bearing No.49-308/3 (PTIN No.1150701098), on Plot No.30 Part, Covered Under BlockNo.49,inSurveyNoS.109and128!6.situatedatPadmanagarColony, Phase-|. of Village. QUTHBULLAPUR. I\4andal Quthbullapur' GHMC Quthbullapur Circle, Medchal-tr4alka,igiri Dist.. Telangana State', Sub - Dist.-- Quthbu apur, Dist. and Regn - Dist. . Medchal-Malka.igiri, without reference to theprohibitedpropertylistunderSection22-AofRegistrationAct,theLrNo' E|/MDL/D 1/153 212017 -1 , Dated. 24.O7.2024, as per the vide Gazette Notification RR No_83 communicated by Joint collector, Ragna Reddy vide File No.E5/4730/ Quthbullapur dt.25.09-2013 and Deputy collector and Tahasildar, Quthbullapur Irr,landal file No. 8/583/20'1 2 dt.17 .O2.2012 and Gazette Notification No 134 dt.10.03.2005 and G.o.Ms.No.292 and 296 Revenue (Registration l), 9tl March, 2005 communicated by Commissioner and lnspector General (R and S)' Hyderabad vide File No.G1/4661/2005 d1.02.07.2005, pending disposal of the writ petition. ' Counsel for the Petitioners.t SRI N.KRISHNA SUMANTH Counsel for the Respondents : SMT S.SRAVANTHI, AGP FOR REVENUE The Court at the stage of admission made the following ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT ON No.23 948 of 20.2s ORDER: Heard Sri N.Krishna Sumanth, learned counsel for the petitioners and Smt S.Sravanthi, learned Assistant Government pleader for Stamps and Registration appearing for the respondent Nos. 1 to 5. With their consent, this writ petition is disposed of at the stage of admission itself.

2. Aggrieved by the action of the respondent No.3_ Sub registrar in refusing to receive, register and release the Sa,te Deeds/Deed of Conveyance presented by the petitioners in respect of Semi_Finished Flat Nos.101,102,103 (in First Floor), 2Ol, 2O2 and, 2O3 (in Second Floor), 3O1,3O2,303 (in Third Floor) ,4O1,4O2,4O3 (in Fourth Floor), S01, 502, 503 (in Fifth Ftoor) in the building "L Venkata Srinivas Towers,,, on open lald in Dismantles House bearing No.49_3O8/3 (pfIN No.1150701098) on plor No.29 and plot No.3Olpart and Appurtenant land of House bearing No.49_3Og/3 (PIIN No'115070109g) on plot No.3o part covered under Block o No.49 in Sy'Nos'109 and 12816 situated at Padmanagar Colony, Phase-I, Quthbullapur Village' Quthbullapur GHMC, Medchal-Malkajgiri District' the petitioners hled the present writ Petition'

3. Learted Assistalt Government Pleader for Stamps and Registration submits tllat without presenting the subject documents, the petitioners have approached If this Court seeking registration of the said documents' the petitioners present the same before the Registerlng authorit5r, the respondents will receive the same and follow the procedure AS contemplated under Section 71 of the Registration Act, 1908 (for short' 'the Act' 19O8J' + Section 71 of the Act, 19O8, reads as follows: Reasons for refusal to register to be recorded'- (i) Every Sub-Registrar refusing to regrster a document, except on the ground that the property to which it relates is not situated within his sub- district shali make an order of refusal and recorded his reasons for such order in his Book No 2' and endorse the words "registration refused" on the document; and, on application made by any person executing or claiming under the document' shall' . .. ;t. ,.i ' 4, ; 15{'}'3tt';: -7/ 3 without payment and unnecessary delay, give him a copy'of the reasons so recorded. (2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered.

5. In view of the aforesaid submissions coupled with the provision under Section 71 of the Act, 1908, this wnt petition is disposed of directing the Registering Authority to receive, register and release the subject documents that may be presented by the petitioners in respect of the subject property, subject to the petitioners complying with the provisions of the Act, 19Og as well as the Indian Stamp Act, 1g99. It will be open to the Registering Authority to refuse the documents presented before him, if he has any objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioners. It is made clear that this court has not expressed any opinion on merits of the case as to the entitlement of the petitioners to get the subject documents registered. There sha_ll be no order as to costs. i + ( MiscellaneousPetitions,ifaly,pendinginthiswrit petition shall stand closed' //TRUE COPY// S . P. PONNA KRISHNA I S ]STANT REGISTRAR SECTION OFFICER To on), Secretariat, strati 1 The PrinciP al SecretarY' Revenue (StamPs and R State of Telang ana at HYderabad 2. The District Reg istrar, Med chal-Malkajgiri District 3. The Sub Registrar, QuthbullaP ur, Medchal-Ma lkajgiri District 4. The Collector, Medchal-Malkajg ki District 5 t Two CCs to GP FO , Bli"8t?i J3,uiJ]ro,.., *o s u MANrH' Ad vocate toPU cl 8. Two CD CoPies The Tahasildar, QuthbullaP ur Mandal , Med chal-Malkalgiri Di strict R REVE NUE, High Cou rt for the State of Telangana at SA LS ry,, HIGH COURT DATED:1 3t0$t212s ORDER WP.No.2394B of ZO2S ,! r .r. sr4 14: iO 2 5 AUE 2025 * t i l: I :./ ./, DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. 1 ( a{

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