The High Court · 2025
Case Details
Acts & Sections
1 - Smt. Reddv Dhana Lakshmi. Wo: Veera Venkatia Satyanarayana. jr/lurthy, aged 56 years, Occ. Houseradfe, FUo Unguture Village' West Godavafl ulstflct' 2 Reddv Veera Venkata Satyanarayana Murthy, S/o: Late Rama Rao, aged.60 - ;;;;:oJcjRritirdi'Gmploiee, R/o 46, Eswai villas, Nizampet' Hvderabad' ...PETtTIONERS AND 1 . The State of Telangana, Registration) Department, .By its Secretary. Revenue (StamPs and Hyderabad
2. The Commissioner and Inspector General of Registration and Stamps' 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' ...RESPONDENTS 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 particulady one in the nature of writ of Mandamus dedaring the Refusal order No.365 of 2O25 dt.30-08-2025 refusing to receive, register and release the Development Agreement-cum- GeneralPowerofAttorneybearingP.No.54Tt2o2SrelatingtotheHousePlot Nos.73 and 82, admeasuring Z)0-00 sq' yards each total 4OO sq' yards' in Sy.Nos.44l5/A, situated at Maktha Mahabubpet village' Serilingampally Mandal under GHMC Serilinganipally Circle, R'R District and the Letter Lr.No.E1/3387/2o24dt.03-1o-2o24issuedbythe3rdrespondentwithout establi:;hing title to the lands, as highly illegal. contrary to law and set aside the Lr.No.t:1/3387i2024 dt.03-10-2024 and the retusat order No.36S of 2025 dt.30-OO- 2025 and consequently direct the sth respondent to receive, register and release the [)evelopment Agreement-cum€eneral power of Attorney bearing P.No.S 4712025 relating to the House PIot Nos.73 and 82, admeasuring 200.00 sq. yards each total 400 sq. yards, in Sy.Nos.44l5/A, situated at Maktha Mahabubpet village, Serilingampally Mandal under GHMC Serilingampally Circle, R.R.District. f'etition under Section 151 CPC praying that in the circumstances stated in the affirJavit filed in support of the writ petition, the High Court may be pleased to direct the Sth respondent to receive, register and release the Development Agreement-cum-General Power of Attomey bearing p.No.547l2025 relating to the House Plot Nos.73 and 82, admeasuring 200.00 sq. yards each total 400 sq. yards, in Sy.Nos.44l5/A, situated at Maktha Mahabubpet vil&age, Serilingampa y Mandal under GHMC Serilingampally Circle, R.R. District, without reference to the Letter i'lo.E 1/338712024 dt.O3-1O-2O24 issued by the 3rd respondent and the Refusal Order No.365 of 2025 dt.30-08-2025 issued by the 5th respondent pending disposal of the writ petition. Counsel for the Petitioners: SRI N. M. KRIS Counsel for the Respondents: SMT. S. SRAVA THI, AGP FOR STAMPS AND REGISTRATION The Court made the folloraring: ORDER THE HONOURABLE SRI JUSTICE K.SARATH ORDER: Heard Sri N.M.Krishnaiah, learned counsel for the petitioners and smt s.sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the material on record.. with their consent, this writ petition is disposed of at the stage of acimission itself.
2. The learned counsel for the petitioners has submitted that on earlier occasion, this court passed order in w.P.No.33o9o of 2023 dated o6.L2.2o23 and directed. the respondent authorities to register the documents presented /pending before the respondent authorities with rega-r:d to the same survey number without reference to the Notification dated 26.og.2ols. The subject land in the present writ petition also pertains to the s€une slrrvey number and also similar letter issued by the respondent No.3 in Lr.No.E1l3387 /2024, dated o3.Lo.2o24. In view of the s€une, the respondent No.s issued impugned Ref,sar___ 2 sK,J W.P.No.2SOOO of 2O2S Order I,Io.365 of 2025, dated 30.08.2025 is arbitrary and illegal
3. Le,arned Counsel for the petitioners further submits that there is a chequered history of Sy.No.44 situated. at Makther Mahabubpet Village, Serilingampally Mandal, Ranga Reddy District. With regard to the entries of Sy.No.zl.4 in revenue records, the orders passed by the Chief Commissioner of Land. Administration in File No.P3/4.56/2013, dated. 29.05.2014 was set aside by this Corrrt ,:arlier in W.P.No.23574 of 2OL1, dated L7.Ol.2Ol7 and grranted liberty to the authorities to tal<e action as per tfre orcler passed by the Joint Collector in EL/73O6/1999 o11 19.0 t.2O13 and the Joint Collector in his order dated
19.01.:2013 directed the Deputy Collector and Tahsildar, Serilin;gampally Mandal, Ranga Reddy District to examine the records in respect of the subject lands and if he found any ferbricated material produced relating to fraud for issuance of supplementary sethwar and for obtaining correcl.ion of revenue record.s, file comprehensive Civil Suit for de,:laration of title and for recovery of possession \ I 3 sK,J W.P.No.28OOO of 2O2S favour of Government in accordance with law. Aggrieved by the orders in w.p.No.2ssz4 of 2014, dated, rz.oL.2oLT, the respondent authorities have filed w.A.No. L4gg of 2o1g and the same was dismissed by the Division Bench of this court on 25-ll-2o24- In spite of that the respondents again showing the suit schedule property in the prohibited list and the sarne is contrary 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 2o23, dated 06. 12-2023 and directed the registering authorities to register the lands without reference to the notification dated 26.09-2o13. The subject rand in.,the present writ petition also pertains to same survey number and the respondent No.3 in Lr.No.Ell33sr/2024, dated 03.10.2o24 before the dismissal of w.A.No. L4gg of 2oLg, dated 2s.Lr.2o24. Basing on the letter d,ated o3.Lo.2o24 issued by the respondent No.3, the respondent No.5 impugned Refusal order No.365 of 2o2s, dated 3o.og.2o2s and the s€une has to be liable to be set aside. 'issued / .l \ 4 SKrJ W.P.No.28OOO of 2O25
5. Or. the other hand, learned Assistant Government Pleader for stamps and Registration not disputing the disposal of the w.P.No.3309O of 2023 dated 06.12.2023 arrd al:so the orders in w.P.No.23574 0f 20t4, dated 17.oL.20L7 and w.A.No. l4gg of 2018 dated 25.L1.2024 and requested to pass appropriate orders'
6. Recording the above submission made by learned counse I on either side and without expressing any opinion on the merits of the case, this writ pctition is disposed of directirrg the Registering Authority to receive, register and release the subject document presented by the petitioners, without reference to the letter dated 03.1O'2O24 issued by the respondent No.3 and without reference to the impugned Refusal Order No.365 of 2025, dated 30-08'2025 issued by the respond.ent No.5, subject to the petitioner complying with ttre provisions of the Indian Registration Act, 19O8 and Indian Stamps Act, 1899. It is also open to the Registering Authodty to refuse to register the document if any other objection and communicate the said decision to the petitioners. \ \ r 5 sKrJ W.P.No.28OOO of 2O2S
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/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. SD/- L. VIJAYA LA)(MI //TRUE COPY// OFFICER To, 1
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8. TJ bm YI' HIGH C}OURT DATED)i1710912025 ORDER WP.No.28000 of 2025 'rlE S 1 ,J t_) 1 6 itB 20?$ t * DISPOSING OF THE WRIT PETITION WITHOUT COSTS t\ *{e X#