✦ High Court of India · 24 Jan 2025

High Court · 2025

Case Details High Court of India · 24 Jan 2025
Court
High Court of India
Decided
24 Jan 2025
Bench
Not available
Length
1,417 words

.....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 pleased to issue a Writ, order or direction, particularly one in the nature of Writ of 7 Mandamus declaring the inaction of the Respondent No.9 in not receiving and registering the documents presented by the petitioners in respect of agricultural land adm.Ac.5.30 gts in sy.no.14s and land adm.Ac.16.19 gts in sy.no.1s4 total adm.Ac.22.09 gts situated at surepally Village, Bhongir Mandal, yadadri Bhongiri District covered by Registered sale deed bearing No.1 1 1 4/2007 dated 25.01 .2007, on the ground that the Respondent No.3 issued a Memo No.Gl2403/2o16 dated 09.12.2019 wherein including the list of properties under section 22-A of Registration Act, 190g belongs to the properties of Gangster Nayeemuddin @ Nayeem and also the letter issued in c.No.196/crime-BGR Rurali2016 dt. 30-09-2016 issued by the Respondent No.4, as the same is illegal, arbitrary and contrary to the provisions of section 22-A of Registration Act, 1g0g and consequently direct the Respondent No.g to receive, register and release the documents presented by the Petitioners in respect of the above said agricultural land. |.A.NO:1 OF 2024 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 Respondents No.g to receive, register and rerease the documents presented by the Petitioners in respect of agricultural land adm.Ac.5.30 gts in sy.no.145 and rand adm.Ac.'16 'rg gts in sy.no.'r54 totar adm.Ac.22.09 gts situated at surepally Village, Bhongir Mandar, yadadri Bhongiri District covered by Registered Sale deed bearing No.1114t2007 daled 2s.01 .2007, on the ground that the Respondent No.4 issued a letter vide c.No.1g6/crime-BGR Rural/2016 dt. 30/09/2016, issued by the Respondent No.4, pending disposal of the above writ petition. Counsel for the Petitioners : SRI K.V.SUDHAKAR Counsel for the Respondent Nos.1, 3, 6 to 9 : AGp FOR REVENUE Counsel for the Respondent No.2 : AGp FOR LAND ADMINISTRATION Counsel for the Respondent Nos.4 & 5 : G.p FOR HOME The Court made the following ORDER 7 THE HONOURAI}I-E SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.35205 of 2024 OITDER Heard learned counsel for the petitioners and lcarned Assistant Governmcnt Plcacler for Stamps and Registrations appearing fbr respondent Nos.1, 3, 6 tct 9, Learnecl Government Pleadcr for Land Administratior.r a ppcaring for respondent No.2 ancl learned Covcrnment Pleacler for Home appearing ior rcspondent Nos.4 and 5. With their consent, this writ petition is bcing takerr up lor disposal at the admissior-r stage itself

2. fhis writ petition is filed seeking the follou,ing prayer'.- ''to dac'lctrc the inaction of thc Respondenl No.9 in not raL.eifing dn(l regi.stcring the documents presenled by the Petitioners in raspect of agricultural land adm.Ac.5.30 gts in sy no. l15 and land odnr Ac.t6.19 gts in sr,'no.l54 total odm- Ac.22.09 gts, situated at Surepoll), Village. llhongir lvlandal, I'adadri Bhongiri District covered by Registered Sale dead heoring No.l I l4/2007 dated 25.01.2007 on the ground thot the Ri:spontlcnt No.3 issued a Memo No.G/2403/2016 doted 09. 12.2019 whcrcin including the list of properties under Section 22-A o/ Registrution Act 1908 belongs lo llrc properlies ol Gangster .\'tt.t'e cnuddin @ Nayeem and also lhe leuer issued in C.No. 196,'Critne- tJGR Rurali2Ol6 dt 30.09.2016 issued by the Respondenr No.1. as the same i.s illegal, arbitrary and contrary to the provisions of Section 22-A 4'Registration Act, 1908 and consequenlly direct the Respondent No.9 lo reccive. register and releasc the documents presentad 111' 1fue l'etitioncrs in respect ofthe above said agricultural land. "

3. Today when the matter has been taken up for hearing, learned counsel for the petitioners submitted that in similar circumstances this Court in W.t'.No.16787 of 2021 and batch date<i 25.03.2022, has passed the following order: i -12. L-rtr the alitresuir) raLs'tns oll these writ pelilions are in Lelter No ROR- allttu'ed. Tht' intltrtgne''l '"^^u'ni'utiun t t110/20tq dareJ 05 tz tui'i' i""i by respondent No2 and Oi tz zOig biued bv respondenr t[emo ]to.G2'5J02'2u16 'tatci on'l t'uo. J un' .rcr ttstr'/c' n"pn.uiJui il;o-s ls di.rected rceistct- thc dotunlt,nt\ tu no p,rarr''t'd by the petitioner in,rlspetl i' rh,.nl' threc writ petitions No order as to 'it''li, ir"uii,'' 'to :-'-',:-'" a'0.11S '"'i''t' II Learned counsel for the petitioners further prayed this Court to pass 4. similar order as passed in W P No 16787 of 202'l and batch date d 25 '03 '2022' Learnecl Assistant Government Pleader for Stamps and Registration

5. appearing for resporrdents has iairly acceded to the same' made by learned counsel on either 6. Recording thc above "b*i"ion sirle, and in tcrms of order passed b)' this Court in W'P No'16787 of 2027 and batch datctl 25.03 '2022'this Writ Petition is allowed and Registering Authority is directed to receive trre subiect tlocument presented bv the petitioners without refercncc to lL'tter clatecl 30'09'2016 and Memo No G/2affi/2019 dated Og.l2.2[l9 and shall pass appropriate orders' as expeditiously as possible' preferably, within a periocl of three (03) weeks from the date of receipt of copy of this order, subject to thc petitioners complying with the provisions of thc Indian Registration Act' 1908' and tndian Stamps Act' 1899' It is made clear that mere registratioll of the subiect document does not confer title on the subject property and it is also made clear that this order woulci not have any bearing on all those mattcrs where title/ rights of the parties are pending before the authorities either in rcvision/ appeals for adiudication and in any -*7 othcr casc, this orrler 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 arr_v pe rrcling, shall stand closed. No order as to costs \ To //TRUE COPY// SD/.T. TIRUMALA DEVI ASSISTAN REGISTRAR S ION OFFICER

1. The Principal secretary, Revenue, (stamps a.nd Registration) Department' Secretariai, State of Telangana at Hyderabad 2. The Special Cnier s#elailio Cou"tnrn"nt and Chief Commissioner of Land - nJrinLtration, (FAC) Government of Telangana' Hyderabad' 3. The Commis.ione, ailJ inspector General'.Stamps and Registration - Oepartment, Mojamiahi Market' Hyderabad' - .. +. if,J r"ip""to|. of poii"",'rt'fi'vafag'da-f Town Police station' Miryalaguda' Nalgonda District. 5. The lnspector of Police, Choutuppal Rural Circle cum ln-charge SIT Bhongir -' nuiaf Circte' Bhongir, Yadadri Bhongir Diskict' 6. The District Collector, Yadadri Bhongir District' 7. The Revenue Divisional6ii"ui i"A"uOti Bhongir Division' Yadadri Bhongir 8. The District Registrar, Stamps and Registration and Assurances' Nalgonda 9. The Tahsildar cum Sub-Registrar' Bhon^gir' Yadadri Bhongir District' 1 0. Two ccs to Gp roniEV-dt rue, High court for the State of Telangana at 11.Two CCs to GP FOR LAND ADMINISTRATION' High Court for the State of 12.Two CCs to GP fon-ioft'f e, High Court for the State of Telangana at Telangana at Hyderabad' [OUTI HYderabad. [OUTI District. District. . Hyderabad [OUT] ra.d'ne-cc to shl K.V.SUDHAKAR' Advocate [oPUc] 14.Two CD CoPies SA BS I I I I I l' I ,l I)' t yt€ S14 16' ( I, t) -l_ ,+ t) 2 s JAii 2025 t t,ATCHgO HIGH COURT DATED:2410112025 ORDER WP.No.35205 of 2024 ALLOWING THE W.P WITHOUT COSTS. @ E l,F

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