The High Court · 2025
Case Details
writ of [\ilandamus declaring the inaction of the Respondent No.3 in receiving, registering and releasing of the sale deeds/deed of conveyance presented by the Petitioner in respect of the Semi. Finished Flat Nos. 301, 302 in Third Floor, 401, 402 in Fourth Floor, 501 in Fifth Floor, in the building known as CELESTIA RESIDENCY, on Plot No' 128, in Survey No. 12816, Covered Under Block No.49, situated at Padmanagar Colony- lof Village QUTHBULLAPUR' [Vlandal Quthbullapur, GHMC , Quthbullapur circle, Medchal- tttlalkaigiri Dist , Telangana state, on the ground that the survey numbers where the Petitioners property is situated is notified under as prohibited property list under Section 22- A ol Registration Act, on ground that the Lr No. E1IMDL/D1/',I53212017- 1, Dated 24' 07. 2024, as per the vide Gazette Notification RR No. 83 communicated by Joint coltector, Ragna Reddy vide File No. E5/4730/Quthbullapurdt. 25. 09.2013 and Deputy collector and Tahasildar, Quthbullapur Mandal file No. P.158312012 dl. 17 ' 02'2o12andGazetteNotificationNo.134dt.10.03'2005andG.o.Ms.No,292 and296Revenue(Registrationl),gthMarch'2005communicatedby Commissroner and lnspector General (R and S), Hyderabad vide File No G1t4661t2OO5 dt. 02. 07.2005, as illegal, arbitrary and unconstitutional and consequently direct the Respondent No.3 to receive, register and release the sale deeds/deed of conveyance presented by the Petitioner in respect of the semi- Finished Flat Nos. 301, 302 in Third Floor,4Ol ,402 in Fourth Floor, 501 in Fifth Floor, in the building known as cELESTIA RESIDENCY, on Plot No t2B, in Survey No. 12816, Covered Under Block No.49, situated at Padmanagar Colony- 1 of Viilage QUIHBULLAPUR, Mandal Quthbutlapur, GHMC., Quthbullapur Circle, tVledchal- I\ilalkajgiri Dist., Telangana State |.A.NO:1 OF 2025 Petition under sectior\ 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.3 to receive, register and release the sale deedsideed of conveyance presented by the petitioner in respect of the semi- Finished FIat Nos. 301, 302 in Third Floor, 401 .402 in Fourth Floor, 501 in Fifth Floor, in the building known as cELESTIA RESIDENCY, on Plot No. 128, in Survey No. 12816' covered Under Block No. 49, situated at Padmanagar colony-l of Village --__--- QUTHBULLAPUR, Mandal euthbullapur, GHtUC., euthbullapur Circle, Medchal_ Malkajgiri Dist., Terangana State, without reference to the prohibited property rist under Section 22- A of Registration Act, the Lr No E1 {MDL/D1 I 1 532t2017 _ 1 Dated 24. 07. 2024, as per the vide Gazette Notification RR No 83 communicated by Joint Collector, Ragna Reddy vide File No ES\4T3Ot llapur dt 25 09.2013 and Deputy corector and rahasirdar, euthburapur Quthbu frle No Bl5B3r2o12 dt. 17.02-2012 and Gazette Notification No. 134 dt. Ma nda I 10 03 2005 and G.O.Ms.No.292 and 296 Revenue (Registration l), 9th March, 2005 communicated by Commissioner and lnspector General (R and S), Hyderabad vide Fire No. G1t4661t2o0s dt. 02.07.2005, pending disposar of the writ petition. Counsel for the petitioners : SRI N.KRISHNA SUMANTH Counsel for the Respondents : SMT S.SRAVANTHI, AGp FOR REVENUE The Court at the stage of admission made the following ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.2 39t9 of2o25 ORDER: Heard Sri N.Krishna Sumanth, learned counsel for the petitioners and Smt S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appeaflng .for the respondent Nos. 1 to 5' With their consent' this writ petition is disposed of at the stage of admission itself'
2. Aggrieved by the action of the respondent No'3- Sub registrar in refusing to receive, register and release the Sale Deeds/Deed of Conveyance presented by the petitioners in respect of Semi-Finished Flat Nos'301'302 (in Third Floor), 401 and' 4O2 (in Fourth Floor)' 5O1 (in Fifth Floor) in the building "Celestia Residency" on Plot No'128 in Sy.No. 128 l6 covered under Block No'49 situated at Padmanagar Colony-I, Quthbullapur Village' Quthbullapur GHMC, Medchal-Malkajgiri District, the petitioners filed the present rvrit Petitron
3. Learned Assistant Government Pleader for Stamps and Registration submits that without presenting 2 the subject document, the petitioners have approached this court seeking registration of the said document. If the petitioners present the sarne before the Registering authority, the respondents will receive the same ald follow the proccdtlre as contemprated under Section 7 | of the Registration Act, 1908 (for short, .the Act, 19OS). 4 Section 71 of the Act, 190g, reads as follows: Reasons for refusal to register to be recorded._ (1) Every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated within his sub- district shall make an order of refusal and recorded his reasons for such order in his Book No.2, and endorse the words ,,registration refused,, on the document; and, on application made by any person executing or ciaiming under -the document, shall, without payment and unnecessary delay, give him a copy of the reasons so recorded. i (2) No registering officer shall accept for registration a document so endorsed unless and until, under the provisions hereinafter contained, the document is directed to be registered. 5 In view of the aforesaid submissions coupled with the provrston under Section Tl of the Act, 19Og, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document that may be presented by the petitioners in respect of the subject property, subject to the petitioners complying with the provisions of the Act, 1908 as well as the Indian Stamp Act,
1899. It will be open to the Registering Authority to refuse the document presented before him, if he has any objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioners. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioners to get the subject documents registered. There shall be no order as to costs.
6. Miscellaneous Petitions, if any, pending in this writ petition shall stand eleeeq ,TRUE COPYII SD/-P. PONNA KRISHNA TANT REGISTRAR I ECTION OFFICER
1. 2 J. 4 q
7. 8 The Principal Secretary, Revenue (stamps and Registration). secretariat, State ot Ielangana at Hyderabad. The District Registrar. Medchal- IMalkajgiri District. I|," lrP Registrar, Quthbulapur, Med6hat- IMatkajgiri District The Collector, Medchal- Malkajgiri District. The Tahasildar Qyf[ulapur [Mandat, tMedchat- Matkajgiri District. Two CCs to GP FOR REVENUE, High Court for the Staie of Telangana at Hyderabad [OUT] One CC to SRI N.KRISHNA SUMANTH, Advocate tOpUCl Two CD Copies M. To SA BS HIGH COURT DATED:1 310812025 ORDER WP.No.23919 of 2025 -l F- S f.{r r( (, o \ () 52 AUE 1025 I * b; DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. \ [ 3302 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE K. SARATH WRIT PETITIO N NO:42952 0F 2017 Between: ^ 1 3 4 Edward Rozario, S/o,Late [\I.Rozario' Occ Private Service' R/o Door No SCB S-ZO,-qAl , Flat No. 3-8, Krupadeep Apartments, 6th Cross' Trimuthy Colony' It/ahindra Hills. Secunderabad - 026. 2. M. Ahammed Kabeer, S/o. K. Muhamamed, Aged about 53 Years, Purchaser of Flat No. '1-E, R/o. Door No. SCB 5-20-467' Flat No. 1-E, KruPadeeP Apartments, East Marredpally, Secunderabad.- 026 SmtSneenaKabeer,W/o.M'AhammedKabeer,Agedabout45years,occ iouse *ife, R/o Door No. SCB 5-20-467, Flat No G-E' Krupadeep nprrtr""t., noad No. 6, Mahindra Hills, East Marredpally' Secunderabad - 026. Purchaser of Flat No G-E Srigiri Purnachendra Rao, S/o Srigiri Lakshman Rao Aged about 15-Y"1:' Oci RetO Professor, Purchaser of Flat No 2-E, R/o Door No SCB 5-20-467' ifri f.f".301 , Srigiri 203, Street No 4, Road No 7' West Marredpally' Secunderabad. Lachmandas Naresh Hiranandani, S/o. L. Hiranandani, Aged about 48-Years, O." S"*i"", Purchaser of Flat No G-D, R/o Door No SCB 5-20-467' Flat tlo G D, Krupa Deep Aprts, 6th Cross, Trimuthy Colony' East Marredpally' Secunderabad - 026. fvfof'".r"0 Mu.iahidur Rehman' S/o A Razack, Aged about 57 Years' Occ AJuoiutu, Purchaser of Flat No. G-F, R/o Door No SCB 5-20-467' Flat No' G-F, Krupadeep Apartments, Trimurthy colony' Road No 6' East Marredpally' Secunderabad - 026. Mohan Das, Aged about 38 Years, Occ Purchaser of Flat No. 3F, KruPadeeP
7. Muthyala Sandeep Kanth, S/o Pvt. Service. R/o- Flat No. Apartments, East Marredpally, Secunderabad - 026 Ha'r.JrJi Shyam Sunder, Sio rvr rv Chowdary' Aged about 39 years' Occ grrin..., Purchaser of Flat No. '1-C, R/o Door No SCB 5-20-467' Flat No 'l- C, Krupadeep Apartments,6th Cross, Trimuthy colony' Mahendra Hills' East MarredpallY, Secunderabad - 026 -M F-3, ( 6 B AND '1 . The State o{ Telangana, Rep. by its Principal Secretary' Revenue Department, Secretariat, Hyderabad .....PETITIONERS
2. The District Registrar. Hyderabad District, Hyderabad. 3. The Su b-Regis"tra r, eoina pa tty, s-""r"i"r,ira. r\, r rs amended as per Court Order dated 21-3_201g in I.A.No.1 of 201g) petition Under Arricre 226 or the consritution or rndia #:T]ffll: circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, or direction more particurarry one in the nature of writ of Mandamus decraring the action of the 3rd respondent in not registering the petitioners sale deed in respect of Flat Nos. 3_8, j_E, G_E, 2-E, G_D, G_F, 3-F and 1-C with respective extents in a, froors admeasuring f rom g75 sq. feet to 1 100 sq Feet as per the Agreement in Krupadeep Apartments bearing Door No. scB - 5-20-467' situated at prot No. 132, 138and'139 in sy No. 74/7, Mahendra Hills' East Marredpary, secunderabad as iregar, arbitrary and un constitutionar and consequen'y direct the 3rd respondent to Receive, Register and Rerease the documents to be presented by the petitioners for re Flats Nos. 3-8, .l-8, c-E, 2-E. G-D, c_F, 3_F and , . illi:I":l:ilT:.T:; floors of Krupadeep Apartment situated at prot No. 132, 138 and 13g in Sy No. 74/7 , Mahendra Hills, East Marredpally, Secunderabad. I.A.N o: 10F2o17 (WPMP .NO:53 264oF 2017t petition Under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the 3rd respondent to Receive, Register and Rerease the documents to be presented by the petitioners for registration of their 3-8, 1-E, c-E, 2-E, G-D, c-F, 3-F and 1_c with ,J"::["]:";l:'5T;:"; Krupadeep Apartment bearing Door No. SCB_ 5_20-467, admeasuring from g75 Sq. Feet to i100 Sq. Feet as per sale deeds situate, ",:::11:l:::l* at Prot No 132' 138 + Bs in sy No zqrz, wanenl,, ;,,,"" secunderauaa, penoins disposar of the writ ,",,,,",t'",].Jl^ :n: H'::tfiilv, Counsel for the petitioners : SRI MOHD MUJAHTDUR RAHMAN Counsel for the Respondents : Gp FOR REVENUE The Court made the following ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.42952 of 2OL7 ORDER: Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the material on record'
2. Lcarned counsel for the petitione rs submits that at the time of ad.mission, this Court granted interim order on 19.01.2018, directing the Registering Authorities to rcceive and register the clocument presented by the petitioners if it is otherwise found to be in compliance with the requirements of the Rcgistration Act, 19O8' and the Indian StamP Act, 1899.
3. Today, when the matter is taken up for hearing' learned counsel for the pctitioners submits that in pursuance to the interim ordcr passed by this Court on 19.O 1.20 18, the Registering Authorities have rcgistcred the subject document. .-.--- -- SK, J W-P. No.42952 of 2OtZ
4. Learned Counsel for both sides submits that the connected matter in W.p.No.19106 of 2010 fited by the State Government against the order in LGC.No.767 of 1997 passed by the Special Court under the A.p. Land Grabbing (prohibition) Act. 1982, Hyclerabad, was dismissed by the Division Bench of this Court on 28.Os.2025. 5 In view of the submissions made by both sides and in view of thc dismissal of W.p.No. 19106 ol 201O on 28.05.2025, the interim order passed by this Court in I.A.No.1 of 2OtZ in W.p.No.42952 of 2Ot7 dated 19.01.20 18 is made absolute. Accordingly, thc ,,i,rit petition is disposed of. 6. It is made clear that mere registration of the document does not confer title on the subject property and it is a_lso made clear that this order would not havc any bearing on all those matters where title/rights of the parties are pending before the authorities either in revrsion/appeals for adjudication and in anv other casc this order also does not preclude the parties in asserting .__ i SK, J W.P.No,42952 of 2Ol7 their rights before a competent Court of law' There shall be no order as to costs' 7 MiscellaneousPetitions,ifany'pendinginthiswrit petition shall stand closed' /ITRUE COPY" e"u?9'#oiSffi SECTTON OFFICER retariat, State of cretary, Revenue Department' derabad strar, HYd BoinaP allY, R REVE erabad D istrict, HYderabad underabad igh Court fo Sec NU E,H AHIDUR RAHMAN' Advocate iOPUCI r the State of Telangana at HD MUJ al Se at HY Regt The Princlp Telangana The District The Two Hvd One iwo CD CoPies istrar, Sub-Reg PFO CCs to G UTI erabad. [O CC to SRtMO To
2. 3 4 E r) SA BS I HIGH COURT DATED:1 7tO6t2O2S R 1 C 4TiJ 2 5 A|JG 2025 () \.. \ ORDER WP.No.429S2 of 2017 DISPOSING OF THE W.P WTHOUT COSTS, @ L -/ rL\