✦ High Court of India · 25 Aug 2025

The High Court · 2025

Case Details High Court of India · 25 Aug 2025
Court
High Court of India
Decided
25 Aug 2025
Bench
Not available
Length
1,373 words

.Petition under Article 226 of 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 particularly one in the nature of writ of Mandamus declaring the Refusal order No.103 of 2025 d1.11-O4-2O25 refusing to receive, register and release the sale Deed bearing P.No.253/2025 relating to the House Plot No.232 and 233, admeasuring 792.4 sq- yards, part of Lay out No.1284lMP2lHUDA/g1, in Sy.No.44 (Sub-Division Nos.44l3/1 ,4412 and 4415), situated at Maktha Mahabubpet village, Serilingampally Mandal under GHMC Chandanagar circle,R.R.District and the Letter Lr.No.E11338712024 dt.o3-1o-2024 issued by the 3rd respondent without establishing title to the lands, as highly illegal, contrary to law and set aside the Lr.No.E11338712024 dt.O3-1O-2024 and the refusal order No.103 of 2025 dt.11-O4-2025 and consequently direct the 5th respondent to receive, register and release the Sale Deed bearing P.No.253t2025 relating to the House Plot No 232 and 233, ! .. t admeasuring 792.4 sq. yards, part of Lay out No.'ljt i4lMP2/HUDA/91, in Sy.No.44 (Sub-Division Nos.4413/1 , 4412 and 4415), situated at lr/aktha Mahabubpet village, Serilingampally [tr'landal under GHlvlC Chandanagar Circle, R.R.District lA NO: 'l OF ?j25 Petition under Section 151 CPC praying that in the )ircumstances stated in the affidavit filed in support of the writ petition, the High ( ourt may be pleased to direct the 5th respondent to receive, register and rel :ase the Sale Deed bearing P.No.253/2025 relating to the House Plot No.232 & 233, admeasuring 792.4 sq. yards, part of Lay out No.12841MP21HUDA/91 in Sy.No.44 (Sub- Division Nos.4413/1 , 4412 & 4415), situated at Maktha \Iahabubpet village, Serilingampally fVandal under GHMC Chandanagar Circlt: R.R.District without reference to the Letter No.E113387/2024 dt.03-1O-2O2. issued by the 3rd respondent and the Refusal Order No.103 ol 2025 dt.11,t. -2025 issued by the 5th respondent pending disposal of the writ petition Counsel for the Petitioner: SRl. N. M. KRISHNATAH Counsel for the Respondents: Smt. S. SRAVANTHI, AGP FOR STAMPS AND RreISTRATIOI The Court made the foltowing: ORDER .\ THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.25O27 of 2025 ORDER: Heard Sri N.M.Krishnaiah, learned Counsel for the petitioner and Smt S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission itself.

2. The learned counsel for the petitioner has submitted that on earlier occasion, this Court passed order in W.P.No.33O9O of 2023 dated 06.12.2023 and directed the respondent authorities to register the documents presented /pending before the respondent authorities with regard to the same survey number without reference to the Notilrcation dated 26.09.2013. The subject land in the present writ petition also pertains to the sarne survey number and also similar letter issued by the respondent No.3 in Lr.No.E1l338712024, dated 03.1O.2024. In view of the same, the respondcnt No.5 issued impugned Refusal Order No. 103 of 2025, dated 1 1 .O4.2025. I a SK,J W I .No.2sO27 of 2025

3. Learned counsel for the petitioner lurther submits that therc is a chequered history of S_v.tj t.44 situated at Maktha Mahabubpet Viliage, Seri[ngar rpaJlv Manclal, Ranga Rr:ddy District. With regard rr, the entries of Sy.No.44 in revenue records, the orders pa_r lecl by the Chief Commissioner of Land Administra t on in File No.P3/456/2013, dated 29.OS.2O|4 was s;,t asrde by this court earlier in w.p.No.23s74 of 2or4, d, recr 17.o r 2or1 and grantcd liberty to the authorities to tal c action as per the order passcd by the .Joint Collector in E ll7306/Iggg on i9.01.2013 and the Joint Collector in .ris order dated 79.O1.2O13 directed the Deputy Collector anrl Tahsilclar, Serilingampalty Mandar, Ranga Reddy Disr. ict to examine the records in respect of the subject lands : nd if he found any fabricated materiar produced relatirE to fraud for issuance of supplementary sethwar and lor obtaining correction of revenue records, file comprehe r Lsive Civil Suit for declaration of title and for recovery o1. possession in favour of Government in accordance with lalr Aggrieved by ._ the orders in W.p.No.2 3574 of 2014, dated I , .Ol.2OI7 , the o sK,J W.P.No.25027 of 2025 respondent authorities have hled W.A.No.1499 of 2018 and the same was dismissed by the Division Bench of this Court on 25.11.2024. In spite ol that the respondents again showing 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 of 2023, dated 06.12.2Q23 and directed the registering authorities to register the lands without reference to the Notification dated 26.09.2013. The subject land in the present writ petition also pertains to same survey number and the reqpondent No.3 in Lr.No.E1l338712024, dated 03.1O.2024 before the dismissal of W.A.No.1499 ol 2O18, dated

25.11.2024. Basing on the letter dated O3.1O.2O24 issued by the respondent No.3, the respondent No.5 issued impugned Refusal Order No.103 of 2025, dated I1.04.2025 and the same has to be liable to be set aside. 5 I On the other hand, learned Assistant Government Pleader for Stamps arrd Registration not disputing the I I I I i I I I 4 SK,J W,I .No.25O27 of 2O2s disposal of the W.p.No.33O9O of 2023 cr.ted 06. 12.2023 and also the orders in W.p.No.23574 f 2014. clated 17.O1.2017 and W.A.No.l499 of 2018 dr ted 25. tI.2024 and requested to pass appropriate orders.

6. Recording the above submission rrr rde by learned counsel on either side and without express ing any opinion on the merits of the case, this writ petitlc,- r is disposed of directing the Registering Authority to recei .e, register and release the subject document presented b) the petitioner, without reference to the letter dated 03.1C. 2024 issued by the respondent No.3 and without reference t r the impugned Rgfusal Ordcr No.103 of 2025, dated. ll.O4. the respondent No.5, subject to the petiti, 2025 issued by rner complying with the provisions of the Indian Registratior Act, 19O8 and Indian Stamps Act, 1899. It is also open tc Authority to refuse to register the documt: objection and communicate the said dr lhe Registering rt if any other cision to the petitioner. I I 5 SK,.I W.P.No.25O27 ot 2O2S

7. It is also made clear that this order does not preclude the Government/District Collecl.or to take appropriate steps as warranted by lau. 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 writ petition shall stand closed. //TRUE COPY// SD/. L. VIJAYA LAXMI ASSISTANT REGISTRAR d SECTION OFFICER '1 . The Secretary, Revenue Department, Secretariat T-S.,Hyderabad- ^ 2. The Commidsioner and lnspector General of Registration and Stamps' Telangana, Hyderabad.

3. The District Collector, Ranga Reddy Distrit. 4. The District Registrar, Ranga Reddy District. 5. The Joint Sub-Registrar-ll, RO.(OB) Ranga Reddy Diskict. 6. One CC to SRl. N. M. KRISHNAIAH, Advocate IOPUCI 7. Two CCs to GP FOR STAMPS AND REGISTRATION ,High Court for the State of Telangana at Hyderabad [OUT] 8, Two CD Copies Bfu GJP NT To, t t I i I HIGH COURT DATED:2510812025 ORDER WP.No.25027 ot 2025 ( o C) \r' :qE SIT 16 I JAN 2[26 I 7\ 7- (,': I .-/ :::,::::-' DISPOSING OF THE WRIT PETITION WITHOUT COSTS ,<r N"\* o

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