✦ High Court of India · 29 Dec 2025

The High Court · 2025

Case Details High Court of India · 29 Dec 2025
Court
High Court of India
Decided
29 Dec 2025
Bench
Not available
Length
1,005 words

Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate Writ Order or direction more particularly one in th0 nature of Writ of Mandamus declaring the action of the respondent no.2 in issuing Ex: P-1 lntimation of Refusal bearing refusal order no. 19412025 dated 01.12.2O25 as arbitrary, illegal and contrary to the G.O.MsNo. 28 dated 20.O2-2O25 and set aside the same and consequently direct the respondent no.2 to register and release the gift' deed (bearing P.No.60/2025) in respect of plot No. 35 admeasuring 200 sq.yards in survey nos. 55 and 57 of Hashmatpet Village, Balanagar Mandal, Medchal Malkajgiri District (erstwhile Ranga Reddy District) by r duly collecting the regularization charges in terms of G.O.Ms. No. 28 dated 20.02.2025. 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 respondent no. 2 io register and release the gift deed (bearing P.No.60/2025) in respect of plot No. 35 admeasuring 200 sq.yards in survey nos. 55 and 57 of Hashmatpet Village, Balanagar Mandal, Medchal Malkajgiri District (erstwhile Ranga Reddy District) by duly collecting the regularization charges in terms of G.O.Ms. No. 28 dated 20.02.2025 and pass Counsel for the Petitioner: Ms. D. SANDHYA Counsel for the Respondents: SMT. S. SRAVANTHI, ASST. GP FOR STAMPS & REGISTRATION The Court made the following: ORDER t_ . IN THE HIGH COURT tr'OR THE STATE OF TELANGANA AT HYDERABAI) THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.3996O of 2025 THE 29THDAY OF DECEMBER 2025 Between: Abdul Vilayat Khan. ...Petitioner AND The State of Telangana, Rep. by its Principal Secretary, Stamps and Registration Department, Secretariat, Hyderabad and another. ...Respondents ORDER: Heard Ms. D.Sandhya, learned counsel for the petitioner and Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the entire material available on record. With their consent, this Writ Petition is disposed of at the stage of admission.

2. Learned counsel for the petitioner submits that the petitioner filed the Writ Petition questioning the action of the respondent No.2- Sub Registrar in issuing the refusal order No.194/2O25 dated O1.I2.2O25 in spite of the G.O.Ms.No.28, Municipal Administration I ,, \*. - and Urban Development (Plg.III) Department, dated 2O'O2'2O25 issuedbytheGovernmentforregiarizationofunapprovedlayouts.

3. Learned counsel for the petitioner further submits that the document filed by the petitioner was refused by the respondent No-2 uide Refusal Order No.194/2O25 dated 01'12 '2025 on the ground that the impugned plot is not approved by the Competent Authority or is in an unauthorized layout. Before passing of the Refusal order dated O1.12.2025, the Government of Telangana issued G.o.Ms.No.28,MunicipalAdministrationandUrbanDevelopment (Plg.III) Department, d'ated 2O.O2.2O25, wherein amendments were madeto"theTelanganaRegularization.ofUnapprovedandlllegal Layout Rules, 2O2O". As per Sl.No.3 of the amendments to the notification of the aforesaid G.o., the respondent No.2-Sub Registrar isthecompetentauthorityforregistrationbydulycollectingthe" layout regularization charges and pro-rata open space charges as mandated. The respondent No'2, without foltowing the G.O.Ms.No.28, Municipal Administration and Urban Development (Plg.III) Department, dated 2O.O2'2O25, refused to register the document presented by the petitioner and the impugned refusal order is liabte to be set aside and learned counsel requested this CourttoallowtheWritPetitionbydirectingtherespondentNo.2-Sub Registrar to register the subject document presented by the 'l ) I I 3 petitioner by collecting the layout regularization charges as per the said G.O.

4. Learned Assistant Government Pleader for Stamps and Registration did not dispute the submissions made by the learned counsel for the petitioner with regard to the issuance of G.O.Ms.No.28, Municipal Administration and Urban Development (Plg.lll) Department, dated 20.02.2025 and requested to direct the petitioner to approach the Registration Authority and present the document. Thereafter, the Registration Authority will pass orders on the document submitted by the petitioner in accordance with law by taking into account of G.O.Ms.No.28, Municipal Administration and Urban Development (Plg. IU) Department, dated 20.O2.2025.

5. In view of the submissions made by both sides, this Writ Petition is disposed of by setting aside the Refusal Order No.l94/2025 dated 01.12.2025 and directing the petitioner to present the document for registration as per G.O.Ms.No.28, Municipal Administration and Urban Development (plg.III) a Department, dated 20.02.2025. After submitting the said document, the Registration Authority is directed to receive, register and release the same as per G.O.Ms.No.28, Municipal Administration and Urban Development (PIg.lII) Department, dated 20.O2.2025 without reference to the earlier Refusal Order No.194/2025 dated OL.12.2025, if the document is otherwise in order, more particularly, 4 theprovisionsoftheRegistrationAct,lg0sandlndiarrStampAct, 1899 and if it is not prohibited by any order of injunction passed by an Civil Court or competent authority' Miscellaneous petitions, if any, pending in this Writ Petition' shall stand closed. There shall be no order as to costs' //TRUE COPY// SD/-P. PONNAKRISHNA ASSISTANT REGISTRAR ,4(v- SECTION OFFICER To,

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

2. The Sub Registrar, Balanagar, Medchal Malkajgiri District. 3. One CC to Ms. D. SANDHYA, Advocate [OPUC] 4. Two CCs to GP FOR STAMPS & REGISTRATION, High Court for the State of Telangana. [OUT]

5. Two CD Copies BN r- a HIG}I GOURT DATED i2911212025 ORDER WP.No.39960 of 2025 ? 'tHE SIA O B JAN 2[2[ L- .1...) c) (J \ * \ t l DlsposlNc oF_THE WRIT PETITION ,_*r.;r,'l},i,,., . ". - -',-.rraapn*ti!t.rii*+t*E-.,** . . ) ,: -. ;. -,.j!a*Y i-.. a \P, q .,.';:. r,.:;1.'ird*.1#!.<r: r..,.. - 1a":j,.e(,,,**.'.,' ...-./''..

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