✦ High Court of India · 17 Sep 2025

1. Y. Janardhan v. 'l . The State of

Case Details High Court of India · 17 Sep 2025
Court
High Court of India
Decided
17 Sep 2025
Bench
Not available
Length
1,303 words

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 particularly one in the nature of Writ of Mandamus declaring the Refusal Order No.363 ol 2O25 dt.30-08-2025 refusing to receive, register and release the Development Agreement-cum- General Power of Attorney bearing P.No.54B/2025 relating to the House Plot No.51 Part, admeasuring 261 sq. yards, in Sy.No.4413/2 Part, situated at Maktha Mahabubpet village, Serilingampally Mandal under GHMC Serilingampally Circle' R.R.District and the Letter Lr. No.E113387/2024 dt.O3-10'2024 issued by the 3'd respondent without establishing title to the lands, as highly illegal, contrary to law and set aside the Lr.No.E1l338712024 dt.O3-1O-2024 and the refusal order No.363 of 2025 dt.3o-08-2025 and consequently direct the 5th respondent to receive, register zrnd release the Development Agreement-cum-General Power of Attorney bearingr P.No.548/2025 relating to the House Plot No.51 Part, admeasuring 261 sq. yards, in Sy.No.44l3/2 Part, situated at Maktha Mahabubpet village, Serilingampally Mandal under GHMC Serilingampally Circle, R.R.District. 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 Sth respondent to receive, register and release the Development Agreement-cum-General Power of Attorney bearing P.No.548/2025 relating to the House Plot No.51 Part, admeasuring 261 sq. yards, in Sy.No.44l312 Part, situated at Maktha Mahabubpet village, Serilingampally Mandal under GHMC Serilingampally Circle, R.R.Diptrict without reference to the Letter No.E113387/2024 dt.O3-1O-2O24 issued by the 3rd respondent and the Refusal Order No.363 d 2025 dt.30-08-2025 issued by the Sth respondent pending disposal of the vrrit petition. Counsel for the Petitioners: SRI N. M. KRISHNAIAH Counsel for the Respondents: SMT. S. SRAVANTHI, STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH IIIRIT PETITION 0.27998 of 2or25 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 admission 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.L2.2023 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 Notification dated 26.09.2013. The subject land in the present writ petition also pertains to the same survey number and also similar letter issued by the respondent No.3 in Lr.No.Ell3387 12024, dated 03.1O.2024. In view of the same, the respondent No.S issued impugned Refusal 2 sK,J W.P.No.27998 of 2O2S Order No.363 of 2025, dated 3O.08.2025 is arbitrary and illegal.

3. Learned Counsel for the petitioners further submits that there is a chequered history of Sy.No.4'4 situated at Maktha Mahabubpet Village, Serilingampally Mandal, Ranga F:eddy District. With regard to the entries of Sy.No.44 in revenue records, the orders passed by the Chief Commiss;ioner o[ Land Administration in File No.P3/4.56/2013, dated 29.O5.2OL4 rvas set aside by this Court etnlier in W.P.No.23574 of 2014, dafed 17.Ol.2Ol7 and gra:rted liberty to the authorities to take action as per the ordt:r passed by the Joir-rt Collector in Dl/73O611999 on 19.01.20 13 and the Joint Collector in his order dated

19.01.2113 directed the Deputy Collector and Tahsildar, Serilingampatty Mandal, Ranga Reddy District to examine the recrlrds in respect of the subject lands and if he found any falcricated material produced relating to fraud for issuan<:e of supplementary sethwar and for obtaining correction o[ revenue records, Iile comprehensive Civil Suit for dec:laration o[ title and [<lr recovery of possession in SKrJ W.P.No.27998 of 2O25 favour of Government in accordance with law. Aggrieved by the orders in w.P.No.23574 of 2o14, dated lz.o L.2oLT, the respondent authorities have filed w.A.No. L499 of 2olg and the same was dismissed by the Division Elench 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 2023, dated 06.12.2023 and directed t]le 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 respondent No.3 in Lr.No.EL/3387 /2024, dated og.Lo.2o24 before the dismissal of w.A.No. L4g9 of 2018, dated 2s.LL.2o24. Basing on the letter dated 03.10.2024 issued by the respondent No.3, the respondent No.5 issued impugned Refusal order No.363 of 2025, dated 3o.og.2o2s and the same has to be liable to be set aside. 4 SK,J W.P.No.27998 of 2o25

5. On the other hand, learned Assistant Government Pleader tor Stamps and Registration not disputing the disposal of the W.P.No.33090 of 2023 dated 06.12.2023 and alscl the orders ln W.P.No.23574 of 2O14, dated

17.O1.2017 and W.A.No.l499 of 2O18 dated 25.1L.2O24 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 raerits of the case, this writ petition is disposed of directin6; the Registering Authority to receive, register and release l:he subject document presented by tl'e petitioners, without reference to the letter dated O3.1O.2O24 issued by the respondent No.3 and without reflerence to the impugned Refusal Order No.363 of '2025, dated 3O.08.2O25 issued by the respondent No.5, subject to the petitioner comp\ring with the, provisions of the tr.dian Registration Act, 1908 and Indian litamps Act, 1899. It is also open to the Registering Authority to refuse to rcgister the document if any other objection and communicate the sai<l decision to the \ petitioners. 5 W.p.No.2?ee8 of ;i:g

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 tifle. If any proceedings/suit/appeal pending between the executants of the document/Government or any other interested part5r, ' the re,gistration of the document will be subject to the result ,"'ofihat proceedings / suit/ appeal. .s.- '

8. Accordingly, this writ petition is disposed of. No order I as to costs.

9. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. //TRUE COPYII SD/. U. SUDHA ASSISTANT REGISTRAR- 6 SECTION OFFICER To, 1' Ils"*s:ejary' Revenue Department, secretariat, The state of retangana, / Generat or Resistration and stiamps, ' +:ia.?ill'?r'i:::i'o:t1 '"'rector 3. The District Collector, Ranga Reddy Distrit. 4. The District Registrar, Ranga Reddy District. 5' The Joint sub-Registrar-il, Ro.(oB) Ranga Reddy District 6. One CC to Sri N. M. Krishnaiah, Advocate tOpUCI 7. Two ccs to Gp for stamps And Registration, High court for the state of I \vvrrlrcrrrrJrr, ..rgtr Telangana, at HyderaGd"toljtl 8 TJ PVL CD Copies O. HIGH COURT 7109/,2025 ORII-{il WP.No.27998 of 2025 IJE S TA (.)o 2 7 irt'| 2026 t ,DATCili:'; - o G c F THE WRIT PETITION s It I

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