The High Court · 2025
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THE HONOURABLE SRI JUSTICE K. SARATH WR]T PETITION NO:2498O oF 202s Between: 1 . Smt Ursula lonatiu Ei[x',18]:;n:y,f *rfilffi *[[i;,?l:r,%",J3#c"1:"vvir;i; ReP by her D rr,rilrrreidueivi*.*i"r'€8jffii!"*fl,%?Eliillr..rl,X,.E&3i",."X",fl :* having its office at ftat frfo.f OZ,'ffi;tfi,y'SilJ: Derenie coronv, Siini[puri, Secundera6id-too'?id[, ?BiJ"s;,fL"irlu,*o 'u', Represented by its Directors. sri Nara venkateswararao, s/o. Naraarjunarao, aged about 48 years, Occupation. eu;ir;;,".".,,, ' 3[t#3',"X'n|BIX,*t*:'' wo sri Nallavenkateswararao, ased about 43years, Both are Resident of Flat No.102, Mecquery Silver Springs Apartments. p. Defence colonv, sri"iti,rii]"$"ir-ln#rloao-soo 0e4, rerangana Sg,t":'' AND
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5. ...PETITIONERS lls 3:T[,?:'lflj:E::il,Tr"i,,oilr[:[,i:;'*, Secretary, Revenue (Stamps The District Registrar, Medchal_Malkajgiri District. The Sub Registrar, euthbullapur, Medchal_Malkajgiri District. The Collector, Medchal-Malkajgiri District. The Tahasildar, euthbullapur Mandal, Medchal_Malkajgiri District. ,t ...RESPONDENTS Petition under Articre 226 0f the constitution of India praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue any writ order or direction more particurarry one in the nature of writ of Mandamus declaring the inaction of the Respondent No.3 in receiving, registering and releasing of the sale deeds/deed of conveyance presented by the PetitionerinrespectoftheSemiFinishedFlatNos.4ol,4o2(FourthFloor),501' 502(FifthFloor).withabuilt-upareaof5720.0Sq.feet(includingcommonarea) andCarParkingareaof320.0sq.feetinStiltFloor,alongwithundividedshareof land admeasuring 200.0 Sq. yards (out of total land admeasuring 500 0 Sq' yards),inthebuildingnamedasMECQUERYKLASSIK,ConstructedonPlot No.127, in Survey No.'t2816, Situated at Padma nagar Colony' Quthbullapur Village,QuthbullapurMandalandGHMCCircle,MedchalMalkajeiriDistrict, TelanganaState,onthegroundthatthesurveynumberswherethePetitioners property is situated is notified under as prohibited property list under Section 22-A ofRegistrationAct,on.groundthattheLrNo.El/lr/DL|D115322017-1,Dated. 24.07.2024, as per the vide Gazette Notification RR No'83 communicated by Joint Collector,RagnaReddyvideFileNo.E5/4730iQuthbullapurdl25lo9l2o13and DeputyCollectorandTahasildar,QuthbullapurNlandalfileNo.BlSg3l2ol2 dl.17.o2,2012andGazetteNotificationNo.134dt.1o.03.2005andG.o.tMs.No.292 and 2gO Revenue (Registration l), gth March' 2005 communicated by commissioner and lnspector General (R and s), Hyderabad vide File No.G1/4661i2005dt,02.o7.2005,asillegal,arbitraryandunconstitutionaland consequentlydirecttheRespondentNo.3toreceive,registerandreleasethesale deeds/deedofconveyancepresentedbythePetitionerinrespectoftheSemi FinishedFlatNos.4Ol,4O2(FourthFloor),501'502(FifthFloor)'withabuilt-up area of 5720.0 Sq. feet (including common area) and Car Parking area of 320.0 Sq.feetinStiltFloor,alongwithundividedshareoflandadmeasuring200'0Sq. yards(outoftotallandadmeasuring500'0Sqyards)'inthebuildin2'namedas MECQUERYKLASSIK , constructed on Plot No.127, in Survey No.12816, Situated at Padma nagar colony, -Quthbullapur Village, Quthbullapur Mandal and Gl-llVlc Circle, Mcdchal Malkajgiri District, Telangana State' 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 No.3 to receive, register and release the sale deeds/deed of conveyance presented by the petitioner in respect of the semi Finished Flat Nos. 401 ,402 (Fourth Floor). 501 , 502 (Fifth Floor), with a buillup area of 5720.0 sq. )' feet (including- common area) and car parking area of 320.0 Sq. feet in stirt Floor, along with undivided share of rand admeasuring 200.0 sq. yards (out of total land admeasuring 500.0 Sq. yards), in the building named as "IvIECQUERYKLASSTK', constructed on prot No.127,in survey No..r2816, Situated at Padma nagar Colony, euthbullapur Village, euthbullapur Mandal and GHMC circle, Medchar Markajgiri District, Teranganastate. without reference to the prohibited property rist under section 22-A of Registration Act, the Lr No. EIiMDL/D1/1s3212017-1 , Dated.24.o7.2024, as per the vide Gazette Notification RR No.83 communicated by Joint coilector, Ragna Reddy vide Fire No.E5/4230/ Quthbullapur dt.25.09.2013 and Deputy coilector & Tahasirdar, euthbuilapur Mandal file No. Brs13t2o12 dt.17.02.2o12 and Gazette Notification No.134 dt.10.03.2005 and G.o.r\irs.No.292 & 296 Revenue (Registration r),9th March, 2005 communicated by Commissioner and lnspector General (R and S), Hyderabad vide Fire No.G114661/200s dt.02.07.2005, pending_ disposar of the Writ Petition Counsel for the petitioners: SRI N. KRISHNA SUMANTH Counsel for the Respondents: SMT. S. SRAVANTHI, AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K'SARATH WRIT PETITIO N No.2498O of 202s ORDER: l{eard Sri N.Krishna Kumanth' learned counsel for the petitioners and Smt S'sravanthi' learned Assistant Government Pleader for Stamps alld Registration appearing for the respondents' With their consent' this writ petition is rlisposed of at [he stage of admission' 2, Aggrieved by the action of the respondent No'3 in not receiving, registering and releasing of ttre sa'le deeds/deed of conveyance presented by the petitioners in respect of the semi finished l'lat Nos'401, 402 (Fourth Fioor)' 5Ol' 5O2 (Fifth Floor), with a built-up area of 5720'0 Sq' Feet (inclucling common area) and Car parking area of 320'0 Sq' Feet in Stilt Floor along with undivided share of land admeasuring ZOp 0 Sq' yards (out of total land admeasuriug 5OO.O Sq. yards), in the building named as "Mecqueryklassik", constructed on Plot ftro'127 in Survey No.12g/6 situated at Paclma Nagar colony, Quthbullapur Village, Quthbulla.pur Man-rd'al and GHMC Circle' Medchal 2 Malkajgiri District, on the ground that the survey numbers where the petitioners,property is situated is notified under as prohibited propert5z list under Section 22_A of Registration Act, basing on the Lr.No.EllMDL/Dl/1532/ 2o77-l d,ated. 24.or.2or2 as per the Gazette Notification RR. No.83 communicated by Joint Collector, Ranga Reddy uide Fite No.E5/4730leuthbullapur dated 25.09.2013 and Deputy Collector & Tahasildar, euthbullapur Mandal File No.B/583/2012 dated 17.O2.2012 and Gazerte Notificarion No.134 dated 10.03.2O0s axd G.O.Ms.No.292 & 296 Revenue (Registration_I), 09.03.2005 communicated by Commissioner ald Inspector General (R and S), Hyderabad uide File No.Gll4661 /2OOS dated 02.O7.2005, the petitioners filed the present writ petition. 3. Learned Assistant Government pleader for Stamps arld Registration submits that without presenting the documents, the petitioners, have approached this Court seeking registration of the documents. If the petitioners presents the same before the Registering authority, the respondents will receive the same ald follow the procedure J - as contemPlated under Section 71 1908 (for short, the Act' 1908J' of the Registration Act' I \ 4 The Section 71 of the Act' 1908' reads as follows: Reasons for refusal to register to be recordecl'- (1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated within his sub- district shall 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' 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 ts directed to be registered ' I I In view of the above made submissions coupled with 5. the provision under Section 7t of the Act' 1908 and on perusing the entire material on record' this writ petition is disposed of directing the Registering Authority to receive' register and release the subject documents' subject to the petitioners complying with the provisions of the Act' t9O8 ' - \ i 4 as well as the Indian Stamp Act, 1g99. It wifl be open to the Registering Authority to refuse the documents presented before him, if he has arry 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. 6. Miscellaneous petitions, if any, petition shall stand closed. pending in this writ //TRUE COPYII SD/- MOHD. ISMAIL DEPUry REGISTRAR SECTION OFFICER The Principal Secretary. Revenue (Stamps and Registration). Secretariat, The State of Telangana, Hyderabad. ': - - '- ' '"v'r The District Registrer, Medchal_Malkajgiri District. The Sub Registrar, eulhbullapur, Medchal_Malkajgiri District. The Colieitor, Medchal-Malkajgiri District. The Tahasildar, euthbullapur Mandal, Medchal_Malkajgiri District. One CC to Sri N. Krishna Sumanth, Advocate [OPUC] Two CCs to GP for Stamps And Registration, High Court for the State of Telangana, at Hyderabad'[Oun -- -'' -!rvr " I rrvl I vL Two CD Copies To,
8. TJ PVL HIGH COURT I DATED:2210812025 i ST Ar€ ./ 29 [u$ 2$6 t, 1. -r.; ',*,/ ORDER WP.No.24980 of 2025 * DEt;,,a , DISPOSING OF THE WRIT PETITION WITHOUT COSTS \\ g