Thanniru Laxmi Sreedhar v. The State of Telangana

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, direction or order more particularly one in the nature cf a Writ of [Vlandamus, questioning the Refusal order passed by the Respondent No.5 in Refusal No. 105 of 2025 dated 1 1-04-2025, in refusing to receive and register the Agreement of Sale-cum-General Power of Attorney along with possession of the Petitioner d ated O2.O4.2025, pertaining to ASR Diamond in Flat No. 102 in Plot No, 84 admeasuring 1050 sq- feet including common area and car parking along with undivided share of 40 sq. yards (out Of 800 sq. yards), constructed in Sy. No. 4414 (Old 44), situated at Maktha tvlahabubpet Village, Serilingampally Mandal, I I I Ranga Reddy District basing upon a letter issued by the Respondent No.3 in Lr.No. E/3387/2024 dated 03.10.2024, despite the several orders of this Hon'ble Court on the same subject matter, for being illegal, arbitrary violative of provisions of the Registration Act, 1908, and consequently set aside the Refusal order passed by the Respondent No.S in Refusal No. 105 of 2025 dated 11-04-2025 and direct the respondent No. 5 to receive, register and release the Agreement of Sale-cum-General Power of Attorney with possession gf the petitioner dated 02- 04-2025 pertaining to ASR Diamond, in Flat No. 102 in Plot No. 84 admeasuring 1050 sq. feet including common area and car parking along with undivided share of 40 sq. yards (out of 800 sq. yards), constructed in Sy. No. 4414 (Old 44), situated at tttlaktha l\,4ahabubpet Village. Serilingampally lMandal, Ranga Reddy District. lA NO: 1 OF 202a' 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 respondent no.5 to receive, register and release the 'Agreement of sale-cum- General Power of Attorney with possession' of the petitioner daled 02-04-2025 pertaining to ASR Diamond' in Flat No.102 in Plot No.B4 admeasuring '1050 sq. feet of 40 sq. yards (out of 800 sq. yards), constructed in Sy. No. 4414 (Old 44) situated at lvlaktha lvlahabubpet village, Serilingampally Mandal, Ranga Reddy District. Counsel for the Petitioner: SRI SRINIVASA RAO BODDULIJRI Counsel forthe Respondents: SMT. S. SRAVANTHI, AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER --------- THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.31614 of 2025 ORDER: Heard Sri Srinivas Rao Bodduluri, learned counsel for the petitioner and Smt. S.Sravanthi, learned Assistant Government Plcacier lor Stamps and Registration appearing for the respondents and perused the material on record. Witl'r their consent, this Writ Petition is disposed of at the stage of admission itself.

2. Leaned cour-isel for the petitioner has submitted that on earlier occasion, this Court passed order in W.P.No.3309O ol 2023 dated 06.12.2023 and directed the respondent authorities to register the documents preser-rted/per-rding belore the respondent authorities with regard to the same survey number without reference to the Notification dated 26.09.2013. The subject iand 1n the present Writ Petition also pertains to the sarne survey number and also a similar letter issued by the respondent No.2 in Lr.No.E1/3387 12024 dated 03.70.2024. In view of the samc, the impugned Refusal Order No.1O5 of 2025 2 dated 11.O,+.2025 issued by respondent No.5 is i11egal and arbitra nr

3. Learned counsel for the petitioner lurther submits that there is a chequered history ol Sy.No 44, situated at \4aktha N,lahabubpet Village, Scrilir-rgiirlpally Mandal, Ranga Redd"v District. With regarcl to the entries of S_v".No.44 in revenue records, the orders passed by the Chief Commissionr:r of Land Administration in Filc No.P3/456/2013 dated 29.05.2014 was sct. aside by this Court earlier in W.P.No.23574 of 2Ol4 t'ide order dated

17.OI.2O 17 and granted liberty to lhe atrlhorities to take action as per the ordcr passed by the Joir-rt Collector uide No.tr1l7306/1999 on 19.O1.2013 and t1-rc Joint Coliector b1, its order dated 19.01.2O13 directcd the l)t:puty Collector and Tahsildar, Serilingampally Mandal. Ranga Reddy District, t<; cxamine the records in respe<:t of the subject lands and if he found any labricated materiai produced relating to lraud for issuance of supplemenl.ary sethwar and for obtaining correction of revenue records, Iile cornpreh ensive Civil Suit lor declaration of title and for I recovery of possession in favour of Government in accordance with law. Aggrieved by the orders in W.P.No.23574 ol 20 14 dated 17.O1.2017, the respondent autl-rorities have liied W.A.No.1499 of 2018 and the same rvas dismissed by the Division Bench of this Court on

25.11.2024. In spite of thc same, the respondents are again shor'ving the suit schedule property in the prohibited list and the same is contrary to the orders of this Court.

4. Learned counsel lbr the petitioner further submits that this Court passed orders in W.P.No.33O9O of 2023 dated 06.12.2023 and directed the registering authorities to register the lands without refcrence to the notification dated

26.09.2013. The sub.ject iand in the present Writ Petition also pertains to same survey number and also the respondent No.3 issued Lr.No.E1/3387 /2024 dated 03.1O.2024 before the dismissal of W.A.No.l499 of 2018 dated 25.1I.2024 ar-rd basing on the letter dated

03.1O.2024 issued by respondent No.3, the respondent No.5 issued impugned Refusai Order No. 1O5 of 2O25 dated 1I.O4.2025 and the same is liable to be set aside. 4

5. On the other hand, learned Assistaat Government \ Pleader for Stamps and Registration did not displlte the disposal ol W.P.No.33090 of 2023 dated 06.12.2023, orders in W.P.No.23574 of 2Ol4 dated 17 01 .2017 arrd W.A.No.1499 of 2018 dated 25.11.2024 ancl requcsted t<; pass appr()priate orders.

6. Recording the above submissions made bv lcarned counsel orr eithcr side and n,ithout expre ssir-rg an.v opir,turt on thc mcrits of the case, this Writ Petition is disposed of directing the Registering Authority to reccive, register and reiease tl-re subject document presented b1' the petitioner, lr,ithout rr:ference to the letter dated O3.lO 2024 issued by rcspondent No.3 and without refercnce to the impugned Refusal Order No.1O5 of 2025 dated I 1.O1 2025 issued bv respondent No.5, subject to the petitioncr cornplying ,"r,ith the provisions of the Indian Registration Act, 1908 and Indian Sti,rmps Act, 1899. It will be open tc) the Registering Authority 1o reluse the document presented before him, il he has any objection, by duly assigning rea.sons in support 5 of such decision and communicate the said decision to the pc titione r.

7. It is also made clear that this order does not preclude the ()overnment/District Coliector to take appropriate steps as warranted br, law and to assert its title. If any proceedings/suit/appeal pending betwccn the executants of the document/Government or any other interested party, Lhe registration of the document will be subject to the result of that proceedings/ suit/ 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 Petition, shall stand closed. SD/-P. PONNA KRISHNA c ISTANT REGISTRAR //TRUE COPY// \ SECTION OFFICER To, TJ BS 1 . The Principal Secretary, Department of Revenue (Stamps and Registration), 2. The Commissioner and lnspector, General of Reqistration and Stamps, Telangana Secretariat, The State of Telangana, Hyderabad. Hyderabad.

3. The District Collector, Ranga Reddy District, Hyderabad-500072. 4. The District Registrar, Prasanth Nagar, IDA Kukatpally, Kukatpally, Ranga Reddy District, Hyderabad-500072. 5, The Joint Sub-Registrar-ll, Registration and Stamps Department, R.O. (06), Prasanthinagar, Balanagar, Ranga Reddy District, Hyderabad-500072 6. One CC to Sri Srinivasa Rao Bodduluri, Advocate [OPUC] 7. T,lo CCs to GP for Starnps And Registration, High Court for the State of Telangana, at Hyderabad [OUT]

8. Two CD Copies {.{, HIGH COUIRT DATED:1711012025 ORDER WP.No.31614 of 2025 \ I 1HE Sr4 03 r{0{J p5 : n. 1 s DISPOSING OF THE WRIT PETITION WITHOUT COSTS t I ttl*)