1. [Miriyala Dakshina tr,/urthy v. The State of Telangana
Case Details
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 [Vlandamus declaring the Refusal Order No.1 72 of 2025 dt.29-05-2025 refusing to receive, register and release the Development Agreement-cum- General Power of Attorney bearing P.No.346/2025 relating to the House Plot No.20, admeasuring 266.66 sq. yards, in Sy,No.44l5/A, situated at lvlaktha tr/ahabubpet village, Serilingampally lt4andal under GHI\,4C Serilingampally Circle, R.R.District and the Letter Lr. No.El13387/2024 d1.03-1O-2024 issued by the 3rd respondent without establishing title to the Iands, as highly illegal, contrary to law and set aside the Lr.No El1338712024 d1.03-10'2O24 ar d the refusal order No.l 72 of 2025 d1.23-05-2O25 and consequently direct tl'e 5th respondent to receive, register and 'elease the Development Agreement-crlnr-General Power of Attorney bearing P.N1.346/2025 relating to the House Plot No.20, admeasuring 266.66 sq, yards, in Sy.No.44l5/A, situated at lvlaktha trJahabubpet village, Serilingampally Mand.:l under GHi,4C Serilingampally Circle, R R. District. IA NO : 1 OF 2025 Petition under Siection 151 CPC praying that in the cirr)umstances stated in the affidavit filed in support of the petition, the High Courl may be pleased to direct the 5th respondent to receive, register and releas,e the Development Agreement-cum-General Power of Attorney bearing P.No.34(i/2025 relating to the House Plot No.20. admeasuring 266.66 sq. yards, in Sy.N,r.44l5/A. situated at Ir,4aktha trzlahabubpet village, Serilingampally Mand,rl under GHIUC Serilingampally Circle, R.R.District without referenct: to the Letter No.E113387/2024 dt.O3-10-2O24 issued by the 3rd respond:nt and the Refusal order No.172 ol 2025 d1.28-05-2025 issued by the Sth 'espondent 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 REGIS TRATION The Court made the, following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.24548 of 2025 ORDER: Heard Sri N.M.Krishnaiah, learned Counsel for the petitioners and Smt S.Sravanthi, learned Assistant Government Pleader for Stamps alrd Registration appearing lor the respondents. With their consent, this writ petition is disposed of at the stage of admission itself.
2. The learned Counsel for the petitioners has submitted that on earlier occasion, this Court passed order in W.P.No.3309O ot 2023 dated 06.12.2023 and directed the respondent authorities to register the documents presented /pending before them with regard to the sarne survey number without refererrce to the Notification dated
26.09.2013. The subject land in the present writ petition also pertains to the samc survey number and also similar letter issued by the respondcnt No.3 ln Lr.No.E1l3387/ 2024, dated O3.1O.2O24. In view of the sarne, the respondent No.5 issued impurgned Refusal Order No. 172 of 2025 dated 28.O5.2025. c
3. Learnt-'d Counsel for the petitioners f'.u-ther submits that there is a chequered history of Sy.No.44 situated at N4aktha IVIa|rabubpet Village, Serilingarr,pally N4anclai, Ranga Recldv District. With regard to the entries of Sy.No.44 in revenue records, the orders pasr;ed by the Chief Commissione:r of Land Administration in File No.P3/456/ 2013 datecl tag.05.20L4 was set aside by tLis Court eariicr in W.P.No.2l\574 ot 2014, dated 17.Ol.2O liz and granled liberty to th: authorities to take action a s per the orcler passed by the Joint Collector in El I 7 306 / 1999 on 79.01.2013 and the Joint Collector in his order dated
19.01.20 13 directed the Deputy Collector and Tahsildar, Serilingamprilly Mandal, Ranga Reddy Distr:ict to examine the records in respect of the subject lands and if he found any fabrir:ated materia,l produced relatirrg to f raud lor issuance ol supplementary sethwar arrl for obtaining correction oI revenue records, hle comprehelsive Civil Suit for declaration of title and for recovery ol possession 1n favour of Gcvernment in accordance with lzL.,,rr. Aggrieved by the orders irr W.P.No.23574 of 2014 dated 17.O7.2017. the I 3 respondent authorities have filed W.A.No. 1499 of 2O18 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 contrarJr to the orders of this Court.
4. Learned Counsel for the petitioners further submits that this Court passed orders in W.P.No.33O9O of 2023, dated O6.12.2023 and directed the registering authorities to register the lands without reference to the notilication 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.E1/3387 /2024 dated 03.1O.2024 before the dismissal of W.A.No.1499 of 2018 dated 25.11.2024. Basing on the letter dated O3.1O.2O24 issued by the respondent No.3, the respondent No.S issued impugned Refusal Order No.172 of 2025 dated 28.O5.2O25 and the same has to be liable to be set aside.
5. On the other hand, learned Assistant Government ..p1eader for Stamps and Registration not disputing the 4 .- I disposal ol r-he W.P.No.33090 of 2023 dat<:d 06.12.2023 and a-lso the orders in W.P.No.23574 of 2Ol4 dated
17.Ol.2Ol7 and W.A.No.1499 of 2018 dated 25.1L.2O2.4 and requested to pass appropriate orders.
6. Recording the above submission mrrcle by learned counsel orr e ither side and without expressirrg anv opinion on the merits of the case, this writ pt--titio:r is disposed ol dirccting thc Registering Auttrority to receivt:, register and relcase thc s,ubject document presented by the pctitioners, without reference to the letter dated O3.1O.2O24 issued bv the respondr:nt No.3 as well as the impugne d Refusal Order No.172 <>f 2C'25 clated 28.05.2025 issued b1 the respondent No.5, sutrject to the petitioners complving with thc provisions o: the Indian Registration Act, 1908 and Indian Stamps Act, 1899. It is also open to the Registering Authority to refuse to register the docum,:nt if any other objection arrd cornrlunicate the said clecision to the petrtroncrs. 5
7. It is also made clear that this order does not preclude the Government/District Collector to take appropriate steps as '"r,arranted by law and to asSert its title. Il 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 ol that proceedings/ suit/ appeal.
8. Accordingly, this writ petition is disposed of. No order as to cosls.
9. Misccllaneous Petitions, if any, pending in this u,rit petition shall stand closed. ,TRUE COPY' SD/. AHMED ABDULLA KHAN ASSISTANi REGISTRAR I G SECTION OFFICER To,
1. The Secretary, Revenue Department, Secretariat' State of Telangana' Hyderabad.
2.TheCommissionerandlnspectorGeneral'RegistrationandStamps' Telangana, HYderabad.
3. The District Collector, Ranga Reddy District' 4. The District Registrar, Ranga Reddy District. 5. The Joint Sub-Registrar-ll, RO'(OB) Ranga Reddy District' 6. One CC to SRI N.M.KRISHNAIAH, Advocate lOPUCl 7. Two CCs to GP FOR STAMPS AND REGISTRATION' High Court for the State of Telangana [OUT] B. Two CD CoPies. BSK GJP I HIGH COURI' DATED:20 ntil2025 lt- 1 o t.) I 15 ltl Ltg \*\:... -.. ORDER WP.No.2454{} of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS \ ,X