✦ High Court of India · 21 Aug 2025

High Court · 2025

Case Details High Court of India · 21 Aug 2025
Court
High Court of India
Decided
21 Aug 2025
Bench
Not available
Length
1,242 words

Acts & Sections

o rder Mandamus declaring refusal to register the sale deed I ...RESPONDENTS Petition under Articre 226 of rhe constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction more particurarry one in the nature of Writ of No.27812025, dated 19-07-2025 refusing 1O-07-2025 in respect of plot No 18(Southern Part), admeasuring 200 Sq yards or 167.2 Sq.Mts out of 300 Sq.Yards, forming part of HUDA Approved Layout vide File No.12B4/MP2THUDA/9i Dated 20-07-1998 in Sy No.44 ( sub Division Nos.44r3/1, 4412, and 4415) situated at Maktha tvahaboobpet Viilage, seriringampaily Mandar, Ranga Reddy Dist, basing on communication by the 4th respondent bearrng Lr.No.E11338712024 Dated 03-10-2024 as being iilegar, arbitrary, discriminatory and violative of Articre 14 of the constitution of rndia and consequently direct the I 3rd respondent to register the document without the District Collector dated O3_10_2024. reference to the proceedings of IAN :1OF 2025 o petition under S< n 1 5.1 CpC praying that in the circumstances stated in the affidavit filed in su direct the r,o,.".oono"lLoJi"IJ[,?Jj,"i;,*, Hish court mav be preased to dated 1o-07-2025 in respect of prot No 1B(sou*". orn,',n"#", "::::t^':"nt rt)' admeasuring 200 sq'Yar ds or 167.2sq l\4ts out of 300 sq-yards, forming of HUDA Approved Layout vide Fite No.12B4tMp2/tlUDA/9i Dated20'07-1998 in sy No.44 ( sub Division Nos.44/3/1 44/2, and44l5) situated Maktha Mahaboobpet Village, Serilingampary Mandar, Ranga Reddy Dist, withc iss ued by the 4 th respo nr" J::ffi:,: .::.Tffi J;l[ffi:,," a o i, o zozq Counset for the petitioner : SRI PRAVEEN KUMAR CHALLA . Counsel for the Respond The Court made the following: ORDER ASS|:"?*I'"'C.,T1XATTI, REGISTRATION , a .^) THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.24832 of 2025 ORDER: Heard Sri Praveen l(um err Challa, learned Counsel for the petitione r a,nd Smt S.Sravant.hi,, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stagc of admission itself'

2. The learned Counsel for the peti.tioner has submitted that on earlier oct:asion, this CourL passed order in W.P.No.33O 90 ot- 2O23 datecl O6. 12.2023 and directed the respondent authorities to registcr the documents presented /pending before the respondent eruthorities wiih rega'rd to the sarne survey number without reference to the Notification dated 26.09.2013. The subject land in the present writ petition also pertains Lo t he safiIe survey number and also similar lctle r issucd by the respondent No.4 in l,r.No.E1/338712024, datcd 03.1O.2024' In view of the same, the responcl(rnt N'J.3 issued impugned Refusal Order No.278 of 2025, clatcd 19'07 .2025. SK,J W.P.No.24832 of 2O2S -

3. Learned counsel for tl-re petitioner further submits that there is a chequered history of Sy.No.44 situated at Maktha Mahabubpet Village, Serilingampally Mandal, Ranga Reddy District. with regard to the entries of S1,.No.44 in revenue records, the orders passed by the Chief Commissioner of Land Adrrrinistration in File No.P3/a56/2013, datcd 29.O5.2O14 u,as set aside by this Court earlier in W.p.No.23574 of 2014, clated 17.O1.2017 and gratrted liberty to the authorities to Lake action as per thc order passed by the Joint Collector in El/7306/lg9g on 19.O1.2013 and the Joint Collector in his order dated 19.01.2013 directed the Deputy Collector and Tahsiidar, Serilingampally Mandal, Ranga Reddy District to examine the records in respect of the subject lands ard if he found an1, labricated materiai produced relating to fraud for lssuance of supplementary sethwar and for obtaining correction of revenue records, file comprehensive Civit Suit for declaration of titje and for recovery of possession in favour of (]ovcrnmenI in accorciance with rau,. Aggrieved by the orders in W.p.No.23574 ol 2014, datect 17.O1.2O1 7, the \ SK,J W.P.No.24a32 of 2025 respondent aulhorities have filed W.A.No. 1499 of 20 18 and the same was dismissed by the Division Bench of this Court on 25. 11.2024. In spite of that the rcspondents again showing the suit schedule properLy 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 of 2023, dated 06.12.2023 and directed the regisl.cring authorities to register the lands witl-rout re lcrcncc Lo 1.he Noti'fication dated 26.O9.2OL3. The subject land in the present writ petition also pertains to same survey number and the respondent No.4 in Lr.No.E1/3387 12024, dated 03' lO'2024 before the dismissal of W.A.No. 1499 of 2018, dated

25.11.2024. Basing on the Ietter dated 03.LO'2024 issued by the respondent No.4, the rcspondent No'3 issued impugned Refusal Order No.27812025, dated 19'07'2025 and the same has to be liable to be set aside.

5. On the other hand, learned Assistant Government Pleader for Stamps and Registration not disputing the 4 SK,J W.P.No.24832 of 2O2S - disposal of the W.p.No.33090 of 2023 dated 06.12.2023 and also thc orders in W.p.No.23574 of 2014. dated 17.Ol.2Ot7 and W.A.No.t499 of 20i8 dated 25. tl.2024 and requested to pass appropriate orders.

6. Recording the above submission made by learned counsel on either side and without expressing any opinion on the merits of the case, this \ /rit petition is disposed ol clirectir-rg the Rcgistering r\uthority to receive, register and relcase the subjr:ct document presented by the pctitioner, w,ithout reference to the letter dated 03.1O.2024 issued by tht' responderrt No.4 and without relerence lo the impugned Refusal Orcler No.278 of 2025, dated 19.07.fO25 issued by the respondent No.3, subject to the petitioner complying u,ith the provisior-rs olthe Indian Registration Act, 19Og and Indian Stamps Act, 1g99. It is also open to the Registering Authoritl, to refuse to register the document il. any other objection and communicate the said decision to the petitioner'. sK,J W.P.No.24832 of 2025 T.ItisalsomadeClearthatthisorderdoesnotpreclude 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 docume nt will be subject to the result of that proceedings/ suit/ appeai' 8 Accordingly, this writ petition is disposed of' No order as to costs. 9 Miscellaneous Petitions, if any, pending in this wrtt petrtion shall stand closed S l-A SRINIVASA REDDY TANT REGISTRAR //TRUE COPY// ECTION OFFICER To, 1 2 a 4 5 6 7 The Principal Secretary, Revenue Department (Stamps and Registration) Secretariai, State of Telangan, Hyderabad. The District Registrar,, Ranga Reddy District, The Joint Sub-Registrar-|, R.O., R.R.District The District Collector, Ranga Reddy District One CC to SRI PRAVEEN KUIVAR CHALLA, Advocate [OPUC] Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana. [OUT] Two CD Copies. BSK W, BS I i i HIGH COURT DATED:21 t0Bt2O2S z'f,c, a 15 SEP 2{E \.: -lor\TCH ORDER WP.No.24B32 of 2O2S .DISPOSING OF THE WRIT PETITION WITHOUT COSTS L -Lr c I I )

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