Mr. Gogineni Sambasiva Rao v. The State of Telangana

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 lVlandamus declaring the Refusal Order No.302 of 2025 dt.25-O7 -2025 refusing to receive, register and release the Sale Deed bearing P.No.479/2025 | relating to the House No.3-'1-87, PTI No.'1 129912650, admeasuring 217 sq. yards with built up area of 200 sft. and Plot No.46, admeasuring 212.66 sq. yards, in Sy.No.44l5/A, totally admeasuring 430.21 sq. yards, situated at Maktha Mahabubpet village, Serilingampally Mandal under GHMC Serilingampally Circle, R.R. District and the Letter Lr.No.E113387l2O24 dt.O3-10-2024 issued by the 3rd respondent without establishing title to the lands, as highly illegal, contrary to law and set aside the Lr.No.E11338712024 dt.O3-1O-2024 and the refusal order No.302 of 2025 dt.25-07 -2025 and consequently direct the 5th respondent to receive, register and release the Sale Deed bearing P.No.47912025 relating to the House No.3-.1-87, PTI No.1 129912650, admeasuring 217 sq. yards with built up area of 200 sft. and Plot No.46, admeasuring 2'12.66 sq. yards, in Sy.No.44l5/A, totally admeasuring 430.2'l sq. yards, situated at Maktha Mahabubpet village, Serilingampally Mandal under GHM() Serilingampally Circle R.R.District. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the Higtr lourt may be pleased to direct the sth respondent to receive, register and re ease the Sale Deed bearing P.No.47912025 relating to the House No.3-1-87, PTI No.11299i2650, admeasuring 217 sq. yards with built up area of 20tr sft. and Plot No.46, admeasuring 212 66 sq. yards, in Sy.No.44l5/A, totally aC neasuring 430.21 sq. yards, situated at Maktha Mahabubpet village, Seriling r npally Mandal under GHMC Serilingampally Circle, R.R.District without re1( rence to the Letter No.E'113387/2024 dl.O3-10-2024 issued by the 3rd respor lent and the Refusal Order No.302 of 2025 d1.25-07-2025 issued by the Sth respondent pending disposal of the writ petition. Counsel for the Petitioner : SRI N M KRISHNAIAH Counsel for the Respondents: SMT S SRAVANTHI AGP F( R STAMPS AND REGISTRATION The Court made the following: ORDER h /' THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.27446 of 2o25 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 icarnecl counscl 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 saine survey number r,vithout reference to the Notification datcd 26.09.2013. The subject lancl in the present rvrit petition also pertains to the sarne survey number and also similar letter issued by the respondent No.3 in Lr.No.tr1l3387 /2024, dated 03.IO.2024. In view of the same, the respondent No.5 issued impugned Refusal Order No.3O2 of 2025, dated 25.07.2025 !-r- \. \ \ 'iE Eq 'l 2 SK,J W-P.ll .27446 of 2025

3. Learned counsel for the petitioner frrther submits that there is a chequered history of Sy.No . 4 situated at Maktha Mahabubpet Village, Serilingam5 ally Mandal, Ranga Redcly District. With regard to t re entries of Sy.No.44 in revenue records, the orders pass-- I by the Chief Commissioner of Land Administratio r in File No.P3/456/2013, dated 29.O5.2O14 was ser aside by this Court earlier in W.P.No.23574 of 2014, dat:l 17.01.2017 and granted liberty to the authorities to takr. action as per the order passed by the Joint Collector in Il ll7306/1999 on 19.01.20 13 and the Joint Collector in hi , order dated

19.01.20 13 directed the Deputy Collector eL, rd Tahsildar, Serilingampally Mandal, Ranga Reddy Distrjc t to examine the records in respect of the subject lands ar.r I if he found any fabricated material produced relating -o fraud for issuance of supplementary sethwa-r and Itr obtaining correction of revenue records, file comprehens Lve Civil Suit for declaration of title and for recovery of p ossession in favour of Government in accordance with law. Aggrieved by the orders in W.P.No.23574 of 2014, dated 17 .)l.2Ol7 , the ,7 3 sK,J W.P.No-27446 ol 2025 respondent authorities have filed 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 showing the suit schedule property in the prohibited 1ist 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 O6.12.2023 and directed the registering authorities to register the lands without relerence to the Notification 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.El13387 /2024, dated 03.1O.2O24 before the dismissal of W.A.No.1499 of 2018, dated

25.11.2024. Basing on the letter dated 03.1O.2024 issued by the respondent No.3, the respondent No.5 issued impugned Refusa-l Order No.302 of 2025, dated 25.OT.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 . ,-18- 'l \. \ \i- -!- SK,J W.P.]{ '.27446 of 2O2S disposal of the W.P.No.33090 ol 2023 da:l.d 06.12.2023 and also the orders in W.P.No.23574 of 2014, dated

17.Ol.2Ol7 and W.A.No.1499 of 2018 datr d 25.1 7.2024 and requested to pass appropriate orders.

6. Recording the above submission ma,t: by learned counsel on either side and without expressin 3 any opinion on the merits of the case, this writ petition s disposed of directing the Registering Authority to receiv,l register and release the subject document presented by t ec petitioner, without reference to the letter dated 03.10.2( 24 issucd by the respondent No.3 and without reference to he impugned Refusal Order No.3O2 of 2025, dated 25.O7.2( 25 issued by the respondent No.S, subject to the petition :r complying with the provisions of the Indian Registration I ct, 1908 ald Indian Stamps Act, 1899. It is also open to t-: Registering Authority to refuse to register the documen, if any other objection and communicate the said deci ;ion to the petitioner. 5 sx,J W.P.N0.27446 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/ appeaJ.

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. \ To, //rRUE coPY/' SD/. L. VIJAYA LAXMI, ASSISTANT R!€ISTRAR ,ecrr6florrtcen /

1. The Secretary, Revenue Department' State of Telangana' Secretariat' 2- The Commissioner and lnspector General of Registration and Stamps' Hyderabad. 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 District' 6. One CC to SRl. N M KRISHNAIAH Advocate [OPUCI 7. Two CCs to GP FOR STAMPS & REGISTRATION' High Court for the State ' oiieLngana at HYderabad' [oUT] 8. Two CD CoPies D.N BSR o 'l HIGH COURT DATED:1 210912025 ORDER WP.No.27446 of 2025 .1 : S14 t ?it. rN 2[26 * }qTC\ v.Z .\ * DISPOSING OF THE WRIT PETITION ll/ /ITHOUT COSTS 5t ')