High Court · 2025

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 pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the Refusal Order No.405 ot 2025 dt3OnU2O25 .refusing to receive, register and release the Gift Deed bearing P.No.626/2025 relating to the House No.1-72tNEl12O, PTI No.1219g84452 with built up area of 20O sft, Plot No.120, admeasuring 200 sq. yards, in Sy.No.44 (Sub-Division Nos.44l3.1, 4412 and 4415), situated at Maktha Mahaboobpet Mllage, Serilingampally Mandal under GHMC Serilingampally Circle, R.R.District and the Lefter l-r. No.E1l3387/2024 dl.O3t1Ot2O24 issued by the 3d respondent without establishing title to the lands, as highly illegal, contrary to law and set askle the Lr.No.E113387'12024 dt.03/1O12O24 and the refusal order No.405 of 2025 dt.30/09/2025 and consequently direct the Sth respondent to receive, register and release the r3ift Deed bearing P.No.626/2O25 relating to the House No.1- 72tNEt12O, PTI No.1219984482 with built up area of 200 sft, Plot No.120, admeasuring 1200 sq. yards, in Sy.No.44 (Sub-Division Nos.4413.1, 4412 and 4415), Mandal under GHMC situated at Maktha Mahaboobpet Village, Serilingarnpally Circle, R.R. District Serilingampally I lA NO: 1 OF 2025 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 sth respondent to receive, register and release the Gift Deed bearing p.No.626/2O25 relating to the House No.1-72lNEl12O, PTI No.1219984482 with built up area of 200 sft, Plot No.120, admeasuring 200 sq. yards, in Sy-No'44 (Sub-Division Nos.44 t3.1, 44t2 and 4415), situated at Maktha Mahaboobpet village, Serilingampally Mandal under GHMC Serilingampally Circle, R.R District without reference to the Letter No.E1l338712024 dt:03.10.2024 issued by the 3'd respondent arrd the Refusal Order No.405 of 2025 dt:30.09.2025 issued by the 5h respondent pending disposal of the writ petition. Counset for the Petitioner: SRI N. M- KRISHNAIAH Counset for the Respondents: SMT- S. SRAVANTHI' AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI WSTICE K.SARATH WRIT PETITION No.33119 ol2ol25 ORDER: Heard Sri N.M.Krishnaiah, 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. With their consent, this writ petition is disposed of at the stage of admission itself.

2. The learned counsel for the petitioner has submitted that on earlier occasion, this Court passed order in W.P.No.3309O of 2023 dated 06.12.2023 and directed the respondent authorities to register the documents presented /pending before the respondent authorities with regard to the same survey number without reference to the Notilication dated 26.09.2OL3. Ttr.e subject land in the present writ petition also pertains to the same 'survey number and also similar letter issued by the respondent No.3 in Lr.No.E1/338712024, dated 03. tO.2O24. In view of the same, the respondent No.S issued impugned Refusal 1 ) 2 sIqJ W.P.No.33119 of 2O2S Order No..405 of 2025, dated 30.09.2025 and the same is arbitrary ernd illegal.

3. l.ear:eed counsel for the pctitioner further submits that therr: is a chequered history of Sy.No.44 situated at Maktha Mahabubpet Village, Serilingampally Mandal, Ranga Reddy District. With regard to the entries of Sy.No.44 in revenue records, the <lrders passed by the Chief CommiSsioner of Land Administration in File No.P3/4[i6l2013, dated 29.05.2014 was set aside by this Court earlier in W.P.No.23574 of 2O14, dated L7.Ol.2Ol7 and granted liberty to the authorities to take action as per the order passed by the Joint Collector in EI|73O6/1999 on 19.01.2013 and the Joint Collector in his order dated

19.01.2013 directed the Deputy Collector and Tahsildar, Serilingrmpally Mandal, 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 issuanc:e of supplementary sethwar and for obtaining correcti.on of revenue records, file comprehensive Civil Suit for declaration of title and for recovery of possession in L 3 sK'., W.P.Ito.33119 of 2o25 favour of Government in accordance with law. Aggrieved by the orders in W.P.No.23574 of 2014, dated 17.OI.2O|7, thle respondent authorities have filed W.A.No. 1499 of 2018 and the same was dismissed by the Division Bench of this Court on 25.1L.2O24. In spite of that the respondents again showing the suit schedule property in the prohibited list and the same is contrary to the orders of tl:is Court.

4. Learned counsel for 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 reference to the notilication dated

26.09.2013. The subject land in the present writ petition also pertains to same survey number and the respondent No.3 in Lr.No.E1/3387 /2024, dated 03.1O.2O24 before the dismissal of W.A.No.1499 of 2018, dated 25.11.2024. Basing on the letter dated O3.1O.2O24 issued by the respondent No.3, the respondent No.5 issued impugned Refusal Order No.405 of 2025, dated 30.09.2O25 and the same has to be liable to be set aside. 1 ) 4 sK,J W.P.!to.33119 ol20/25

5. On the other hand, learned Assistant Government Pleader for Stamps and Registration not disputing the disposal <rf the W.P.No.33O90 of 2023 dated 06.12.2023 and also the orders in W.P.No.23574 of 2O14, dated L7.O1.2O1.7 and W.A.No.l499 of 2018 dated 25.11.2024 and requr:sted to pass appropriate orders.

6. Recrrrding the above submission made by learned {3 counsel r>n either side and without expressing any opinion on the nrerits of the case, this writ petition is disposed of directing, the Registcring Authorigr to receive, register and r€lease l.he subject document presented by the petitioner, without reference to the letter dated O3.LO.2O24 issued by the respondent No.3 and without reference to the impugned Refusal Order No.4O5 of 2025, dated 30.09.2O25 issued by the res'pondent No.s, subject to the petitioner comp\ring with the provisions of ttre Indian Registration Act, 1908 and Indian Stamps Act, 1899. It is also open to the Registering Authorit5r to refuse to register the document if any other g objection and communicate the said decision to the petitioner. I 5 s&., W.P.f,o.33119 of 2O2s

7. It is also made clear that this order does not preclude the Government/District Collector to take appropriate steps as warr€rnted by law and to assert its title. If any proceedings/suit/appeal pending between the executants of the document/Government or any other interested party, tJ:e registration of the document wil be subject to the result of that proceedings/ suit/ appeal.

8. Accordingly, this writ petition is disposed of. No order as to costs.

9. Miscellaneous petitions, if any, pending in this writ petition shall stand closed. //TRUE COPYII

1. The Secreta ry, The State of Telangana, Reven Secretariat, Hyderabad. M. JAWAHAR REDDY SISTANT REG! SECTION OFFICER and Registration)

2. The Commissioner and lnspector General of Registration and Stamps, Telangana, Hyderabad.

3. The Eistrict Collector, Ranga Reddy District. 4. The District Registrar, Ranga Reddy District. 5. The Joint Sub-Registrar-ll, RO.(OB) Ranga Reddy District. 6. One CC to Sri N. M. Krishnaiah, Advocate [OPUC] 7. Two CCs to GP for Stamps And Registr:ation, High Court for the State of Telangana, at Hyderabad [OUT]

8. Two CD Copies TJ BSR u( HIGH COURT DATED:3l11 012025 ORDER s WP.No.33119 of 2025 o L) 06 rtB u0 ..? * 'i( DISPOSING OF THE WRIT PETITION WITHOUT GOSTS ,A9 K