SRI K v. SUDHAKAR

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT P ETITION N O: ?'1477 oF 2024 Between: Sved Sulthana, W/o. Syed Latheef' Aged 62 years' Occ 'Housewife' Hir"."n.irij:5:id.,'o;*u;","uadJr,'ilri'v"ia6Joa rown and Mandal, Nalsonda District ...PETITIONER AND

1. The State of Telangana, Rep by its Principal Secretary' Revenue' (Stamps anj ftd;i;tionl o-Jpiimeht, Secretariat' Hvderabad' 2. The Special Chief Secretary to Government and Chief Commissioner of Land ' Aiiti"T.iiuii""" tFAci' c-d;;nment of relansana' Hvderabad' 3'TheCommissionerandlnspecto.r.General,.StampsandRegistration Department, Mojamjahi Market, Hyderabad'

4. The lnspector of Police, Miryalaguda-l Town Police station' Nalgonda District' 5. The lnspector of Police, Choutuppal Rural.Circle cum ln-charge SIT Bhongir " 6. The District Registrar, Stamps and Registration and Assurances' Nalgonda nuiai CItite' Bhongir, Yadadri Bhongir District' District.

7. The Sub-Registrar, Miryalguda, Nalgonda District' ...RESPONDENTS Petition under Article 226 ot the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleasedtoissueaWrit,orderordirection,particularlyoneinthenatureofWritof MandamusdeclaringtheinactionoftheRespondentNo.Tinnotreceivingand registeringthedocumentspresentedbythePetitionersinrespectofhousebearing No.28-834, with plinth area of 1035 sq'ft land adm 500 sq'yds or 418 sq mtrs in sy.no.651 situated at Block No.28, Vidyanagar, Miryalguda Town and Mandal' Nalgonda District covered by Registered sare deed be,ring No,.r62z200g datecl 24.03.2008, on the ground that the Respondent No.3 issued a Memo No G2/5402r2016 dated og.12-2019 wherein incruding the rist of properties under section 22-A of Registration Act, l gog bgrongs to the properties of Gangster Nayeemuddin @ Nayeem jhj and also the letter issueo in c. N'.1g9i.16/crllnsp_ E112016 dt.OS,O9,2016issued by the Respondent No,4,as the same is illegal, arbitrary and contrary to the provisions of sectio n 2:?--A of Registration Act, 190Band conseguen,y direct the Respondent No.7 to receive, register and release the documents presented by the petitioner in respect of the above said house. IA NO: 1 oF 2024 petition under section 151 Cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court rnay be preased to direct the Respondents No 7 to receive, register and rerease th,-- documents presented by the petitioner in respect of the house bearing No.2g-834, with printh area of 1035 sq.ft tand adm.S00 N o 2 8, V d ya n, n,,, r, r",ffi J"-l :. T;:: ] i lllJ:H,,"'JT; Registered Sale deed bearing No,1627t200g, dated 24.0:3.2008, on the ground that the Respondent No.4 issued a retter vide c.No.1g9 rl6tcrtrnsp-E112016 dt'05 09 2016'issued by the Respondent No.4, pending disposar of lhe above writ "_]r;li,.rj,, Petition. Counsel for the petitioner: SRI K. V. SUDHAKAR Counsel for the Respondent Nos.1,2.3,6 and 7: Gp FOR SIAMPS AND REGISTRATION Counsel forthe Respondent Nos.4 and 5: Gp FOR HOME The Court made the following: ORDER ,.*t'-t=ry / THE HONOURABLE SRI JUSTICE N'V'SHRAVAN KUMAR U/RIT P ETITIO N No.3 L477 2o24 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registratrons appearing for respondent Nos'l' 2' 3' 6 and' 7 and learned Government Pleader for Home appearing for respondent Nos'4 and 5. With their consent, this writ petition is being taken up for disposal at the admission stage itself' 2 - This writ petition is filed seeking the following prayer:- *to d.eclare the inaction of the Responlent !7 7 in not p r e s eruted bs ,;;;;;;' Lni-' isi"t"'ing' tn' do cime nt s thePetitione,in'ntp""ii7hou,,"beaingNo'28-834' tuith plinth area of rciL iq'1t ' land admeas.uring 500 ?i'.'i{'','-'r"-'si'ii''asr ar'Btock No 28' vi.dsanasar' Miryatguda Toutn and Mandal' Natgonda Distict couered bg Registerecl iate deed' beaing No'1627/ 2OOB dated. 24.03.2008 onii g'ouna that the-Respondent No.3 issued . M;; " No'Gz/ 5qo2/ 20 16 dated properties og. 12.2019 uherein iiituaing the. lts: ^:l i"ii"i zz-e of Registrition Act l9-og-belonss to "7i., ii'Ji,"i.iu"?t:::bizi,:r,;il12i[,P,:$';17rzTT also the letter tssuea 11 7i."o"i.oi.io16 issued- iv the Respond"*.No n: Ll-,1\"- lL^" i" ilt"gal, arbitrary- and contrarg to the -prourstons Zi"Z.air"'-zz a oi''nigitt'ation- Act' -'.90u ::: -ins"q,uently direct the Respondent No'7 to recelue' ,.goti, ani release the doiuments presented bg tlrc Pititioners in respect of the aboue said property'" 2

3. Today u,hen the matter has been taken up f or hearing, learned counsel for the petitioners submittr:d thal in similar circumstances this Court in W.p.No. I6ZBT c,f 202 1 and batch dated 25.03.2022, has passed the following oriler: ..aforesaid reasons, all t,hese u.,rit ^!^?;,,-ru pettttons are allowed. The impugnia in Letter No. RoR_ I / 1 I 40/ 2'o I 6 i*.i' oi.il i i. z o t s "oil.rir'ni.otio, -7;;; -'*.roo 19su_ed bg respondent N..2 No.c2/ s4o2/20r6 d.ated. os)1.'zoti"l,,ru.d,ry respondent No.3 are set aside. n""p"na),i*io.S o directed to receiue and. register the d.ocuments to l)e presented bu the petitioner in respect .1 ii-,""irapa lands.in these three writ p"titioil.""ito o,'ii'.," ro costs. " 4 Learned counsel for the petitioner prayed 1.his Cotrrt to pass similar order as passed in W.p.No.16 ZgZ of 202 1 and batch dated 25.O3.2022

5. Learned Assistant Government pleader fbr Starnps and Registration appearing for respondents has fairl5, 2sss6.,d to the SAINC

6. Recording the above submission made by iearned counsel on either side, and in terms of order passed by this (lourt in W.P.No. 16787 of 2O2l and, batch dated 25.03.,.2022, this Writ Petition is allorved ald letter dated 05.09.2016 is hereby set aside. Registering Authority is directed to receive the subject **-* J document presented by the petitioner without reference to Memo No.G2l5402 12016 dated 09 '12'2}lg and shall pass appropriate orders, as expeditiously as possible' preferably' within a period of three (03) weeks from the date of receipt of copy of this order' subject to the petitioner complying with the provisions of the Indian Registration Act, 1908' and Indian Stamps Act' 1899' It is made clear that mere registration of the subject document does not confer title on the subject property and it is also made clear that this order would not have any bearing on all those matters where title / rights of the parties are pending before the authoritieseitherinrevision/appealsforadjudicationandinany other case, this order also does not preclude the parties in asserting their rights before a competent Court of law'

7. With the above directions' this Writ Petition is allowed' Miscellaneous applications' if any pending' sha1l stand closed No order as to costs' /ffRUE COPY// sD/-B. SARASWATHT AsslsTANT REGISFRAR sEcrloN &rr"r* To,

4. 5. The Princioal Secretary, Revenue, (stamps a.nd Registration) Department' Secretariai, The State ofTelangana' HyderaDao'-. . - - rhe soecial chief secretarii;"C;;#ii;iiI'ti-br'i"t cornmissioner of Land il;i"ttdi"; iFnci, o&dment or relans a n a' H vd era bad' ffi'U;"ii;;il;;;;i J inspector General, Stamps hnd Resistration o.irrtrJ"i. u"iamjahi Maiket, Hyderabad' ff5T;:o;;ib I ;1 E"i[", vt.vJ]s;1i--i io*" Pol ice statio n, Nalso nda District. ffi iffi;;i;;;i porii"' cr,6Jiuipit n*al circle cum ln-charse slr Bhonsir nuiat Circle, Bhongir, Yadadri Bhongir urstnct' District.

6. The District Registrar, Stamps and Registration and Assurances, Nargonda 7. The 9u^b-Registrar, Miryalguda, Nalgonda District. 9. 9ne CC to Sri K. V. SJdhakar, Adv'ocate tOpUCt 9 Iwo CCs to GP for Stamps And Registratibn, High Court tor the State of 10.Two CC to The GP for Home, High Courtforthe State cf Telangana, at Hyderabad[OUT] 1 1 . Two CD Copies TJ BS Telangana. [OUT] \ l- .t t I I HIGH COURT DATED:2310112025 ORDER WP.No.31477 ot 2024 ttE Sf,t Irr U (-' 11 tEE 2[25 z t) A * '_/:.sPA-i .' . -at ALLOWING THE WRIT PETITION WITHOUT COSTS \t v