✦ High Court of India · 04 Nov 2025

Mr. George M.F., S/o Late Francis v. M-echery,.aged

Case Details High Court of India · 04 Nov 2025
Court
High Court of India
Decided
04 Nov 2025
Bench
Not available
Length
1,337 words

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pleased to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the Refusal Order No.399 of 2025 d1.22-09- 2025 refusing to receive, register and release the Gift Settlement Deed bearing P.No.61312025 relpting to the House Plot No.13, admeasuring 293 sq. yards, in Sy.Nos.4415/1 and 441512, situated at Maktha Mahabubpet village, Serilingampally Mandal under GHMC Serilingampally Circle, R.R.District and the Letter Lr.No.E1l33ET12024 dt.03-10-2024 issued by the 3rd respondent without establishing title td the lands, as highly illegal, contrary to law and set aside the Lr.No.E11338712024 dt.03-10-2024 and the refusal order No.399 of 2025 dt.22- Og-2025 and conlequently direct the 5th respondent to receive, register and release the Gift Spttlement Deed bearing P.No.61312O25 relating to the House Plot No.13, admeapuring 293 sq. yards, in Sy.Nos.44l5l1 and 441512, situated at Maktha Mahabufupet village, Serilingampally Mandal under GHMC Serilingampally CirCle, R. R. District. 1i . .t:i. -..*:i:r' lA NO: 1 OF 2025 petition under Section 151 CPC praying that in the circumstances stated in the affidavit l'iled in support of the petition, the High court may be pleased pleased to direct the Sih respondent to receive, register and release the Gift betlement Deed bearing P.No.61312025 relating to the House Plot No.13' admeasuring 2g3 sq. yards, in Sy.Nos.44l5l1 and 441512, situated at Maktha trilahabubpei,rillage, Serilingampally Mandal under GHMC Serilingampally Circle, R.R.District rvithout reference to the Letter No.E11338712024 dt.03-10-2024 issued by the 3rd respondent and the Refusal Order No.399 of 2025 d1.22-O9- 2025 issued try the Sth respondent pending disposal of the writ petition. Counsel for lhe Petitioner : SRI N M KRISHNAIAH counset for l:he Respondents No 1 To 5 : SMT S SRAVANTHI AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.3326a of 2O2S 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 submittcd that on earlier occasion, this Court passed order in W.P.No.33O90 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 Notification dated 26.09 .2013. The 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.El /3387 12024, dated 03.1O.2024. In view of the saffre, thc respondent No.5 issued impugned Refusal \ \ 2 SK,J W.P.No.33268 of 2o25

7.. Order No.l]99 of 2025, dated 22.09.2025 and the same is arbitrary and illegal.

3. Learned counsel for the petitioner further submits that there 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 jn revenue records, the orders passed by the Chief Commissioner of Land Administration in File No.P3/45,5/2OL3, dated 29.O5.2O14 was set aside by this Court earlier in W.P.No.23574 of 20t4, dated 17.01.2017 and granl-ed liberty to the authorities to take action as per the'order passed by the Joint Collector in El/7306/l9gg on 19.01,20 13 and the Joint Collector in his order dated

19.O 1.20 t3 directed the Deputy Collector and Tahsildar, Serilinga:npally 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 lSSUanCe of supplementary sethwar and for obtaining correctio:e of revenue records, file comprehensive Civil Suit for declaration of title and for recovery of possession in \ t / 3 sKrJ W.P.No.33268 of 2o25 favour of Government in accordance with law. Aggrieved by the orders in w.P.No.23sr4 of 2or4, d,ated 17.0 L.2oL7, the respondent authorities have filed w.A.No. r49g of 2o1g and the same was dismissed by the Division Bench of this court on 25.1r .2024. 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 this court.

4. Learned counsel for the petitioner further submits that this court passed orders in w.p.No.33o90 of 2023, dated 06.12.2023 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 same survey number and the respondent No.3 in Lr.No.El/3387 12024, dated 03. 1o.2024 before the dismissal of w.A.No. L4gg of 2or9, dated 2s.1L.2024. Basing on the letter dated 03.10.2024 issued by the respondent No.3, the respondent No.S issued impugned Refusal order No.399 of 2o2s, dated 22.09.2025 and the s€urle has to be liable to be set aside. \ \ .' .. ...ii..' 4 SK,J W.P.No.33268 of 2O2S

5. On the other hand, learned Assistant Government Pleader fc,r Stamps and Registration not disputing the disposal (,f the W.P.No.33O90 of 2023 dated 06' 12'2023 and also the orders in W.P.No.2357 4 ' of 2014, dated t7.OL.2017 and w.A.No. l4g9 0f 2018 dated 25.11.2024 and requt:sted to pass appropriate orders'

6. Rect>rding the above submission made by learned counsei 9n either side and without expressing any opinion on the nrerits of the case, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document presented by the petitioner, wittrout reference to the letter dated 03' 1O'2O24 issued by the respond.ent No.3 and without reference to the impugned Refusal order No.399 0f 2025, dated 22.O9.2025 issued by the res.rondent No.S, subject to the petitioner complying with thr: provisions of the Indian Registration Act, 19O8 and Indian stamps Act, 1899. It is also open to the Registering Authorrty to refuse to register the document if any other objectirtn and communicate the said decision to the petitioner. { 5 sr(,J W.P.No.3326a of 2O2S 7, It is arso made clear that this order does not preclude the Government/District colrector to take appropriate steps as warranted by law and to assert its title. If any proceedings/suit/appeal pending betu,een the executants of the document/Government or any other interested party, the registration of the document will be subject to the result of fhat 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 Smt. U. SUDHA STANT REGISTRAR /TRUE COPY/ SECTION OFFICER \ To,

1. The Secretary, State of Telangana, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad.

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

3. The District 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 SRl. N M KRISHNAIAH Advocate [OPUC] 7. Two CCs to AGP FOR STAMPS AND REGISTRATION ,High court for the State of Telangana. [OUT] B. Two CD CoPies D.N BM \ t HIGH COURT DATED fi411112025 ORDER WP.No.33268 of 2025 t () ( * SHE1 t n( 1 I BI 7i|7f, * DISPO:SED OF THE WRIT PETITION WITHOUT cosTsi Utz, ,AY

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