tncor lnfrastructure Private Limited v. 1. The State of Telangana
Case Details
Petition under Article 226 of the Constitution of lndia praying that in the circumstances staied 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 r, Writ of Mandamus action of the Respondents in including the lands in Sy. No. 44 to an extent of Acres 17-20 Guntas in Gachibowli Village, Serilingampally Mandal, Ranga Reddy District in the Prohibitory List under Section 22-Aof the Registratiori Act, 1g08, by its Letter No. E5/282512021, dt.291912021, as illegal, arbitrary and, consequently set aside the letter No. E51282512021, dated 29.09.2021 by directing the respondents to de-notify the lands in Sy No.44 part consisting to an extent of Acres 17-20 Guntas, situated at Gachibowli Village, Serilingampally Mandal, Ranga Reddy District from the prohibitory list of properties - lA NO: 1 OF 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 io suspend the operation and effect of the impugned tetter Lr. No. E5t2g2512021, dated 29-09.2021 of Respondent No.2 in reration to the rands in Sy No., 44 consisting to ern extent of Acres 17-20 Guntas, situated at Gachibowli viilage, Serilingampally' Mandal, Ranga Reddy District, pending final hearing of the Main Writ Petition lA NO: 2 OF 2025 Petition ttnder Section 151 cPC praying that in the circumstances stated in the affidavit firerd in support of the petition, the High court may be preased to continue the re3istration by receiving and release the sale deeds, submitted the petitioner company herein in relation to the lands in Sy No. 44 consisting to an extent of Acres 17-20 Guntas in situated at Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, by removing from the prohibitory list, pending final hearing of the tVIain Writ petition Counsel for the Petitioner : SRl. V T KALYAN Counsel for the Respondents: SMT. S. SRAVANTHI, AGp FOR STAMPS AND REGISTRATION !.. The Court made the following: ORDER I THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.28455 OF 2o.25 ORDER
1. Heard Sri V.T.Kalyan, learned Counsel for the petitioner and Smt.S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the material on record
2. This writ petition is Iiled questioning the action of the respondents in including the lands in Sy.No.44 to an extent of Ac.I7.2O guntas in Gachibowli Village, Serilingampally Mandal, Ranga Reddy District in the Prohibitory. List under Section 22-A of the Registration Act, 19O8 by its letter No.E5/2825/2021 dated )
29.O9.202t.
3. The learned Counsel for the petitioner would submit that the subject matter in this writ petition is \ \ 2 SK, J W.P.No.28455 OF 2025 squa-rel)' covered by the orders passed by this Court on
19.07.2024 in W.P.No.16109 of 2025, whereby this Court s;et aside the letter No.E/2825 /2021 dated 10.06.2022 and similar letter dated 29.09.2021 and directed the respondent authorities to receive, register and reloase the document presented by the petitioner therein and requested to pass similar orders in this writ petition also.
4. Ttre learned Assistant Government Pleader for Stamps and Registration did not dispute the submission made b), the learned Counsel for the petitioner about the orders rlated 19.07 .2024 passed by this Court in WP No. 1 6 1 Cl9 of 2024, whereby this Court set aside the I letter No.E5/282512021 dated 29.O9.2021 and requestt:d to pass similar orders in this petition also.
5. In view of the submission made by both sides, this Writ Petition is disposed of, directing the respondent ) I 3 \ i i I 3 SK, J W.P.No.28455 OF 2025 authorities to receive, register and release the documents presented by the petitioner in respect of the subject property, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908 and Indian Stamps Act, t899, without reference to the letter No.E5/2825/2021 dated 29.O9.2O21 issued by the respondent No.2. It is open to the Registering Authority to refuse to register the subject document by specifically assigning the reasons in terms of Section 7l of the Act, 1908 and communicate to the petitioner.
6. Needless, to state that respondent Authorities shall scmpulously follow the directions and shall not fnrther refer to the Lr.No.E 5 /2825 / 2Cl21 dated 10.06.202l and similar letter dated 29.O9.2O2t as a. reason for refusal of registration and Registering I I Authorities shall verify the s€une before denying the registering on the similar ground. It is-made clear that mere registration of the documents does not confer title 4 SK, J W.P.No.284SS OF 2O2S on the subject property and it is also made clear that this order would not have any bearing on alt those matters; where titre/rights of the parties are pending before the authorities either in revision/appears for adjudication and in any other case this order also does not pre<:lude the parties in asserting their rights before a competr:nt Court of law. 7 ' Accordingry, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, shall also stand closed. /ffRUE COPY/ SD/. S.MALLIKARJUNA RAO ASSIST t, S OFFICER To,
1. The Secretary, Revenue (StamP.s a1d Registration) Department' Secretariat' The State of ielangana, HYderabad'
2. The District Collector, Rangareddy District' 3. The District Registrar, Rangareddy District' 4. The Joirrt Sub-Registrar, Rangareddy District' 5. One CC to SRI- V T KALYAN, Advocate [OPUCI 6. Two ccs to GP FOR STAMPS AND REGISTRATION ,High court for the .. Stdte of Telangana. [OUT] *
7. Two CD CoPies PVL o / I I t HIGH COURT DATED:19/09/2025 ORDER WP.No.28455 of 2025 TASHE,{ 3 ?? JAN 2[28 17-7 ,:-) * ,-".1i i I I I i I I j, i! : I , DISPOSII.IG OF THE WRIT PETITION WITHOU COSTS I I >..