T. Neelima v. The State of Telangana

Petition under Section 151 CPC praying that in the circumstances stated in ihe affidavit fired in support of the petition, the High court may be preased to difect the Sth respondent to receive, register and release the Sale Deed bearing P.No.603/202s rerating to the House prot No.s6, admeasuring 266.66 sq. yards, in sy.Nos-44t311 and 4412, situated at Maktha Mahabubpet village, serilingampally Mandal under GHMC serilingampally circle, R.R.District without reference to the Letter No.E1/3387t2o24 dt.03-10-2024 issueci by the 3rd respondent and the Refusat order No.39B of 2o25 dt.22.-og-2025 issued by the Sth respondent pending disposal of the writ petition Counsel for the petitioner : SRI N M KRTSHNATAH Counselfor the Respondents: SMT. S. SRAVANTHI, AGp FOR STAMPS AND REGISTRAT|ON The Court made the fqltowing: ORDER THE HONOURABLE SRI JUSTICI K.SARATH WRIT PEf,ITION No.29937 ot2ol25 ORDER: Heard Mr. N.M.IGishnaiah, learned counsel for ttre petitioner and Mrs. S'sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the material on record' Withtheirconsent,thisWritPetitionisdisposedofatthe stage of admission itself'

2. Learned counsel for the petitioner has submitted that on earlier occasion, this Court passed order in W.P.No.33O90 of 2023 dated 06'12'2023 end directed the respondent authorities to register tJ:e documents presented/pending before the respondent authorities with regard to the sarne survey number without reference to the Notification dated 26'09'2013' The subject land in the present Writ Petition also pertains to the sarne survey number and also a similar letter issued by the respondent No.3 in Lr.No.E1l335T 12Ci24 dated 03'1O '2024' In view of the same, the impugned Refusal Order No'398 of 2025 \ 2 dated 22.o9.2o2s issued by respondent Nc,.S, is ilIegal and arbitrary Ranga Reddy District. 3' Learned counser for the petitioner further submits that there is a chequered history of sy.No.44, situated at Maktha Matrabubpet Village, Serilingampally Mandal, With regard to the entries of S,v.No.44 in revenue records, the orciers passed b5r the Chief Commissioner of Land Administration in File No'P3/45G/2oLs dated 2g.os.2or4 was ser aside by this court earlier in w.p.No. 23s24 of 2or4 uicre order dated L7.ol.2olz and granted ribertJr to the auth.orities to take action as per the order passed by the Joint colecto r utd.e No'El /7306/rggg on 19.0 r.2o13 and the .Ioint coflector by its order dated 19.0 r.2o13 directed the Deputy conector and Tahsildar, seriiingampalry lvlandal, Ranga Reddy District, to examine the records in respect of the subject lands and if he found any fabricated material produced relating to fraud for issuance of supplementar,v sethwar and for obtaining correction of revenue records, file comprehensive civil suit for decraration of titre and for ,f / 3 recovery of possession in favour of with law. Aggrieved by the orders W.P.No.23574 of 2Ol4 dated 17.Ol.2Ol7, the respondent autlrorities 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 the sarne, the respondents are again showing the suit schedule propert5r in the prohibited list and the same is contrary to the orders of this Court' Learned counsel for the petitioner further submits that this Court passed orders in W.P.No.33O9O of 2023 dated O6.12.2Cl23 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 sarne survey number and also the No.2 issued Lr.No.E1/338712024 dated O3.1O.2O24 before the dismissal of W.A.No-1499 of 2Ol8 dated 25.L1.2O24 and basing on the letter dated O3.1O.2O24 issued by respondent No.3, the respondent No.S issued impugned Refusal Order No.398 of 2025 dated \ 22-Og.2}25and the same is liabte to be set aside. 4

5. On the other hand, leamed Assistant Government Pleader for Stamps and Registration did not dispute the disposal of W.p.No.33O90 of 2023 dated 06.12.2023, orders in W.P.No.23574 of 2OI4 dated tT.OL.2OLZ and W.A.No. L499 of 2018 dated 25.1L.2O24 and requested to pass appropriate orders.

6. Recorciing the above submissions ma.de by learned counsel on either side and without expressing any opinion on the merits of the case, this Writ petition is disposed of directing the Registering Authority to receive, register and release the subject document presented bv the petitioner, without reference to the letter dated O3.1O.2O24 issued by respondent No.3 and without reference to the impugned Refusal Order No.398 of 2O2S dated,22.09.2025 issued by respondent No.5, subject to the petitioner complying with the provisions of the Indian Registration Act, 19Og and Indian Stamps Act, 1899. It will be open to the Registering Authority to refuse the document presented before him, if he has any objection, by duly assigning reasons in support 5 of such decision and communicate the said decision to the petitioner. It is also made clear that this ord'er does not preclude 7. the Government/District collector to take appropriate steps as warranted by law and to assert its title' If any proceedings/suit I appealpending between the executants of the d,ocument/Government or any other interested Ptrtl' the registration of the document will be subject to the result of that proceedings / su it I appeal'

8. Accordingly, this writ petition is disposed of' There shall be no order as to costs' Miscellaneous Petitions, if any, pending in this Writ shall stand closed. /TTRUE COPY/I Sd/-B.REKHA RANI REGISTRAR SECTION OFFICER

1. The secretary, Revenue (Stamps and Registration) Department' Secretariat' Tha State of tehngana, HYderabad'

2. The commissioner and tnspector 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 District' 6. One CC to SRl. N M KRISHNAIAH Advocate IOPUC] T.TwoCCstoGPFoRSTAMPSANDREGISTRAT|oN,HighCourtforthe State of Telangana. [OUT]

8. Two CD CoPies \ To, N/ HIGH COURT DATED:2610912025 ORDER WP.No.29937 of 2A25 q ii: sr4rd 9, o () B 2 [:[ 2gp r D-. DTSPOSING OF THE WRIT PETITION WITHOUT COSTS .U,) w