✦ High Court of India · 20 Mar 2025

High Court · 2025

Case Details High Court of India · 20 Mar 2025
Court
High Court of India
Decided
20 Mar 2025
Bench
Not available
Length
1,126 words

2. Smt. Mahmooda Begum, Wo. Shaik Khadar Vali, aged about 45 years, Occ. Housewife, Fl/o. House No.17-1-391/M/156, Khaja Bagh, Saidabad,Hyderabad - 500059, Telangana. .....PETITIONERS AND

1. The State of Telangana, Rep. by its Principal Secretary, Stamps and Registration Department, Secretariat, Hyderabad.

2. The District Collector, Ranga Reddy District. 3. The District Registrar, Ranga Reddy District. 4. The Joint Sub-Registrar-ll, RO (OB), Ranga Reddy District. .....RESPONDENTS Petition Under Article 226 ol 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 action of the 4th respondent in refusing to receive, register and release the Sale Deed dated 20.11.2024 presented by the petitioners in respect of open Land, in Survey No.41i3 admeasuring 150.00 Square Yards or equivalent to 125.40 Square meters, Situated at Khanamet Village, Serilingampally Mandal, Under G.H.M.C. Serilingampally Circle, Ranga Reddy District, Telangana State on the ground of Letter bearing Lr.No.E5/282512021, dated 10.06.2021 issued by the 2nd respondent as illegal, arbitrary and c,lntra ry to the provisions of the Registration /\ct, 1 90g and consequently direct th,: 4th respondent to receive, register and rerlease the sale Deed dated 2o.11 20.24 presented by the petitioners in respect o{ open Land, in Survey No.4113 adrrerasuring 150.00 Square yards or equiva ent to 12s.4o Square meters, Situated at Khanamet Village, Serilingampally lvlandal, Under G.H.M.c. serilinllampa lly circle, Ranga Reddy District, Telangana state with out reference to the Lc'tter bearing Lr.No.E5/282512021, dated 10.06.i,.021 issued by the 2nd respondr:nt as; fli1s61s6 in Wp No. 16.109 of 2024 dated 19)7.2024. LA.NO:1 OF 202t1 Petition Urrder sr.ction 151 cpc praying that in the circumstzrnces stated in the affidavit filed in support of the petition, the High court may be pleased to direct the 4th rer;pondr:nt to receive, register and release the sa e Deed dated 20.11 .2024 presr:nted by the petitioners in respect of open La rd; in Survey No.41l3 admeas:ring r 50.00 Square yards or equivalent to 125.40 square meters, situated al Khanamet Village, serilingampally Mandal, Urrder G.H.M.c. Serilingampally circle, Ilanga Reddy District, Telangana State with out reference to the Letter bearing l-'.No.E5/282s12021, dated 10.06.2021 issue:d by the 2nd respondent as dir,:cted n W.p.No.16109 of 2024 dated 19.O7.2024. Counsel for the Petitiorrers : SRI S.SRIDHAR Counsel for the Respondents : AGp FOR REVENUE The Court made the following ORDER THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.33883 of 2o24 ORDER: This writ petition is hied under Article 226 of Constitution of India seeking the following relief: '...to i.ssue a Wit, Order or direction tnore particulorlg one in the nature of Wnt of Mandamus, decLanng the action of the 4th respondent in refusing to rece[ue, regtster and release the Sale Deed dctted 20.11.2024 presented bg the petitioners in respect of open Land, in Surueg No.41/3 admeasunng 15O.OO Square Yards or equtualent to 125.40 Square meters, S[tuated at Khonomet Village, Seitingampallg Mandal, Under G. 11. M. C. Seitingampallg Circle, Ranga ReddA Distrtct, Telangana State on the ground of Letter beairLg Lr.No.ES/2825/2021, dated 10.06.2021 issued bg the 2nd respondent as tllegal, orbttrory Gnd contrary to the prouisions of the Registration Act, 19O8 and consequently direct the 4th respondent to receiue, register ond releose the Sale Deed dated 20-11.2O24 presented bA the petttioners in respect of open Land, in Surueg No.41/3 admeasuing 150.OO Square Yards or eqLtiualent to 125.40 Square meters, Situqted at Khanamet Village, Seilingampallg Mandal, Under G,I'I.M.C. Serilingampallg Circle, Ranga Reddg District, Telangana State with out reference to the Lettet beqing Lr. N,.ES/ 2825/ 2021, dated 10.06.2021 issued bg the 2nd respondent qs directed in WP No. 16109 of 2024 doted 19.07.2024 and pass..." I l l 2 STi, J \Vp 33s83_2024

2. He,trd learned counsel appearing for the petitioners, learned l\ssistar-rt Government pleader for Stamps and Registratic,n aJrpearing for the respondents

3. Learnecl counsel appearing for the petiti:ner would submit that 1.he document submitted by the petitioner was ora1ly reje,r:red by the respondent No.4 in vierv of proceedings No.E5/2821;/tn2l dated 10.06.202 1 issued b-r, the respondnet No.2.

4. Tht: leeLrned Counsei petitioner would further submit that the said proceeding No.ES/2825/2021 clated 10.06.202 1 is the subject rnatter of W.P.No.16109 of 2024 and this Court uide rts orlr:r rlated 19.O7.2024 set aside the said ltroceedings and in vie r,"' of the same requested to direct the respondent No.4 to re:eivr:. register and register the documenl. presented by the pr:titioner without reference to the lett:r bearing No.p5/282t5 / 2ct2t dated 10.06 .2O2t. ) , I SK, J Wp_33BBs 4021,

5. The learned Assistant Govermnet Pleader for Stamps and Registration, on instructions, submits that the petitioner has not produced any document before the registering authority' He did not dispute the submission made by the learned Counsel for the petitioner with regard to the disposal of W.P.No.16019 of 2024. In view of the submissions made by the both sides' the

6. writ petition is disposed of directing the Registering Authority to receive and process the subject documents submitted by the petitioner, subject to the petitioner complying with the provisions of the Ind.ian Registration Act, 19OB and Indial Stamps Act, 1899, as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of the document filed by the petitioner' It is also open to the Registering Authority to refuse to register the documents by specihca,lly assigning the reasons in terms of Section 71 of the $ I 4 SK, .I \\'p 55ssi 902.1 Act, 19OB and communicate the said decision to the petitioner. There sha1l be no order as to costs.

7. Misc:ellzLneous petitions, if any, pending shal1 stand closed. SD/.P. PADMANABHA DEPUN/ REGI DDY TRAR //TRUE COPYII SECTION OFFICER

1. The Principal Secretary, Stamps and Registration Department, Secretariat, State ofTe angana at Hyderabad.

2. The Districl C:oller;tor, Ranga Reddy District. 3. The District Registrar, Ranga Reddy District. 4. The Joint Sub-Registrar-ll, RO (OB), Ranga Reddy District. 5. Two CCs to (iP trOR REVENUE, High Court for the State of Te angana at Hyderabad [OUT]

6. One CC to SRI S.SRIDHAR, Advocate [OPUC] 7. Two CD Ccpies To { SA I

1.c Sl{rt QA Jt' \i + :f ) L) 0z AFii Zflffi '.i t ll ' t.' ( r a .i) {" HIGH COURT DATED:2 010312025 ORDER WP.No.338B3 of 2024 DISPOSING OFTHE W.P WITHOUT CICSTS. +y {+ls

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