✦ High Court of India · 14 Aug 2025

The High Court · 2025

Case Details High Court of India · 14 Aug 2025
Court
High Court of India
Decided
14 Aug 2025
Bench
Not available
Length
1,342 words

Petition under Article 226 ol lhe 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 parlicularly one in the nature of Writ of Mandamus declaring the Refusal Order No 325 of 2025 dt.07-08-2025 refusing to receive, register and release the Sale Deed bearing P.No.505/2025 relating to the House Plot No.57, admeasuring 307 sq yards. in Sy.No.44 (Part of 441311 , 4412), situated at Maktha Mahabubpet village Serilingampally Mandal under GHMC Serilingantpally Circle, R R Distrrct and the Letter Lr.No.E113387/2024. dt.03-10-2024 issued by the 3rd respondent without establishing title to the lands, as highly illegal. contrary to law and set aside the Lr.No.E113387/2024 dt.O3-10-2024 and the refusal order No 325 ot 2025 dt.07-08- 2025 and consequently direct the 5th respondent to recerve. register and release the Sale Deed bearing P.No.505/2025 relating to the House Plot No.57, admeasuring 307 sq. yards, in Sy.No.44 (Part of 441311. 44121. situated at Maktha Mahabubpet village, Serilingampally Mandal under GIIMC I erilingampally Circle, R.R.District. lA NO: 1 OF 2025 Petition under Sectron 151 CPC praying that in the r:i cumstances stated in the affidavit filed in support of the petition, the High Court n; y be pleased to direct the 5th respondent to receive, register and release tl'( Sale Deed bearing P.No.505/2025 relating to the House Plot No.57, admeas r ing 307 sq yards. in Sy.No.44 (Part of 44/311, 4412\, situated at Maktha lvlahabubpet village, Serilingampally Mandal under GHMC Serilingampally Circl,,, R.R.District without reference to the Letter No.E't13387/2024 dt.03-10-2024 issued by the 3rd respondent and the Refusal Order No.325 ol 2025 dt.07-08-: 025 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, AGP F 3R STAMPS AND REGISTRATION The Court made the following: ORDER i t I I I I -/ i THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.24112 of 2025 ORDER: Heard Sri N.M.Ikishnaiah, iearned Counsel for the petitioner and Smt S. Sravanthi, learncd Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this rtrir pctition is disposed of at the stage of admission itsclf.

2. The learned Courrsel for the petitioncl has srrbmitted that on earlier occasion. this Court passr:d orclcr in W.P.No.33O9O of 2023 dated 06.12-.').(D-3 anrl riiit-ctcd the respondent authorities to rcgistr:r' thc docr-rrrrcnts prcscnted /pcnding before the respondent zrurhoritir:s riillr r.eg:rrd to I hc sarne survey number withor-rt rrrll'rcnt'r-' to the Notification dated 26.O9.2013. 'lhc subjcct lancl ir.r the prcscnt writ petition also pertains to tirc) sarnc sr-lrvcy rrumtrer and also similar lctter issuccl bv I Irr. r-c:spondent No.3 in t,r.No.E1/3387 /2024, datcci 03 lO.2O)1, In viov of tt-rc sarnc, thc respondcnt" No.5 is;slrcci inrpugnccl Relusal ()r.clcr I\o.325 ol 2025. clatcd 07.08.20-2:i 2 SK,J W.P.il '.24L12 of 2025

3. Learned counsel for the petitioner i,r -ther submits that there is a chequered history of Sy.No. 14 situated at Maktha Mahabubpet Village, Serilingarr I ,al1v Mandal, Ranga Reclcly District. With regard to 'he entries of Sv.No.44 in revenue records, the orders po-sr;, d by the Chief Commissioner of Lzrnd Administratr < n in File No.l']31456/20 13, dated 29.O5.2O14 was s(:r aside by this Court earlicr in W.P.No.23574 of 2014, dar:d 17.O1.2017 and grantcd libertr' to the authorities to ta-}:, action as per the order passed bv the.loint Collector in )l/7306/1999 on 19.O1.20 l3 ancl thc Joint Collector in tis order dated

19.01.2013 dircr:ted thc Deputy Collector rnd Tahsildar. Serilingampally Mandal. Ranga Reddy Dislr,ct to examine thc records in respcct of the subject lands e nd if he found an1' labriczrlcd matcrial produced relatinp to fraud lor issuance oI supplr:rnentary sethwar anc for obtaining c()r|ection oI rer,erru<' records, file compreht: rsive Civil Suit for dcclarertion of titlc and lor recovery of possession in favour of Govcrnment in accordance with la"' . Aggrieved by the orders in W.P.No.23574 of 2014, dated 17.O1.2O17, the t t I I i i I I t I l1 - 3 SK,J W.P.No.24l l2 of 2025 respondent authorities have liled 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 shor.",ing 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 ol 2023, dated 06.12.2023 and directed the registering authorities to register the lands without reference to the Notification datcd 26.O9 .2013. The subject land in thc pre sertt t'rit pctition also pertains to sarnc survey number and the rcspondent No.3 in Lr.No.El/3387 12024, dated 03. 10.'2A24 befbrc the dismissa,l of W.A.No.1499 ol 2O18, clated

25.11.2024. Basing on the letter dated 03.1O.2024 issued bv tl.re respondent No.3, the respondent No.5 issucd impugnccl Refusal Order No.325/2025, datcd 07.08.2025 ancl the szrrne has to be liable to be set aside

5. On the other hand, learned Assistant Governmcut Pleade r lor Stamps and Registration nol disputing the 4 SK,J W.P ,'t o.24lL2 ol 2O2S disposal of the W.P.No.33O9O of 2023 dzred O6.12.2023 and also the orders in W.P.No.23574 l 2014, dated

17.OI.2O|7 and W.A.No.1499 of 2018 dz,ted 25.1I.2024 and requested to pass appropriate orders.

6. Recording thc above submission m:1e by learned counsel on r:ithcr sidc and u'ithout express.i 1g arry opinion on the mcrits of the casc. this r,r,rit petitio : is disposed ol directing the Registering Authority to rece:\ e, register and release the subject documenl presented b'r the petitioner, without relerence to the lcttcr dated O3.lO. tO24 issued by the responclent No.3 anci u'ithout reference -, r the impugned Refusal Ordt:r No.325 ol 2025, dated O7.OB. lO25 issued by the responclerrt No.5, sullcct to the petit r ner complying with the provisions o[ the- hrdian Registratior Act, 1908 and Indian Stanrps Act. 1899. It is also open tc the Registering Authoritl' to rcfuse to rcgistcr the documr: rt if any other objection and commur-ricatc the said c.r cision to the petitior-rer. I i , I SK,J W.P.No.24ll2 of 2025

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 r.r,rit petition shall sta-nd closed. SD/-A. JAYASREE ASSISTANT REGISTRAR 6 SECTION OFFICER //TRUE COPY// Telangana Telangana, Hyderabad. 1 The Secretary. Revenue Department, Secretariat, Hyderabad, State of 2 The Cbmmissioner and lnspector General of Registration and Stamps, 3 The District Collector, Ranga Reddy District. 4 The District Regrstrar, Ranga Reddy District. 5 The Joint Sub-Registrar-ll. RO.(OB), Ranga Reddy D-istrict. 6 One CC ro SRI N ivl KRISHNA|AH, Advocate [OPUCI 7 Two CCs to GP FOR STAMPS AND REGISTRATION' High Court for the B Two CD Copies State of Telangana. at Hyderabad. [OUT] l,s t\ D \ To i i I I il' HIGH COURT DATED:1410812025 ORDER WP.No.24112 of 2025 a-) \ !; 1 0li ,.:C I[5 DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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