Allowed

Sajitha Munagala, v. The State of Telangana

Telangana HC12 Oct 2023WP/28257/2023

Case brief

AI extract

What is this about?

High Court allowed a writ petition allowing the petitioner to register a sale deed, setting aside a refusal order passed by the Joint Sub-Registrar on grounds that earlier restrictive letters and government orders quashed in a batch judgment were unsustainable.

What did the court decide?

Set aside the refusal order Memo No. 23 of 2023, directed the registering authority to register and release the sale deed without reference to quashed letters/G.O. and without costs.

Sajitha Munagala, Vs The State of… — Constitutional and Fundamental Rights | Telangana HC (2023)

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[^320e ]

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HIGH COURT^{FOR THE STATE OF TELANGANAAT HYDERABAD} (SPecial Original Jurisdiction)

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THURSDAY,THE^{TWELFTHDAYOF OCTOBER} TWO THOUSAND^{AND TWENTY THREE}

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,^PRESENT

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THE HONOURABLE^{DR.JUSTICE CHILLAKUR SUMALATHA}

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WRIT PETITION NO:^{28257OF 2023}

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Between

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Saiitha Munaqala, Wo.^{Surender Reddy Munagala, Hindu, Agedabou! 4'1. years'} oit. Hori"riir", R/o.^{H No. 9-6-389/i, Plot No 35, shiva Reddy, Residency'} Sti""t N-o t, Road^{No.3, EastMaruthi Nagar,Champapet,Saroornagar'} Vaishalinagar,^{K.V. RangaReddy, TelanganaState.}

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...PETITIONER

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AND

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Revenue

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1. The State of^{Telangana,,Rep by its PrincipalSecrelary} - (Reglsiration and Stairp) bepartment-,^{Secretariat, Hyderabad,Telangana} State.

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The Commissioner And^{lnspector General, Registrationand Stamp}

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Department, M.J.^{Road, Nampally, Hyderabad, Telangana State'}

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The District Registrar,^{Registrationand Stamp Department, SangaReddy,} Sanga Reddy District,^{Telangana State.}

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4, The Joint Sub-Registrar^{- ll, RO (OB),Patancheru, SangaReddyDistrict'} Telangana State.

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The District^{Collector, Sanga Reddy, Sanga Reddy District, Telangana State'}

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...RESPONDENTS

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PetitionunderAlticle226oftheConstitutionoflndiaprayingthatinthe circumstances stated in^{the affidavitfiledtherewith,the High courtmay be} pleased to issue a writ, order or Direction^{mo-e particularlyone in the nature of} writ of Mandamus by^{declaring the refusal order-passedby the 4th Respondent} videMemoNo.23ot2O23,dated26lOgt2}23asillegalandarbitraryand consequently direct the^{4th Respondent to Registerand release the Pending} DocumentP.No'4TTl2o23,daled23logl2023inrespectofOpenPlotBearing No. 442 -G in Survey^{No. 343,admeasuring500 SquareYards of Tellapur}

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Village and consequently set-aside the^{same againstthe petitioner, in the} interest of^justice

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A NO: 1 OF 2023

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Petition under Section 151 CPC^{praying that in the circumstances stated} in the affidavit filed in support^{of the petition, the High Courtmay be pleasedto} direct the 4th Respondent to^{registerPending DocumentP .No. 47712023'} presented on 23109t2023, without re[erence^{to any instructionsissued by the} Respondents, including^{Lr.No.F'112051/06,dated28l11|2OOOand 2810112017} ' read with G.O.[,4s.No.1077, dated^{07lOBl2007 andRelease the same to the} Petitioner in respect^{of Open Plot Bearing No. 442-G in Survey No. 343'} admeasuring 500 Square^{Yards of Tellapur Village,pendingdisposal of the Writ} Petition.

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Counsel for the Petitioner^: SRl.^{CHOKKINARENDER}

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Counsel for the Respondents:^{SRI B DILEEP KUMAR} AGP FOR STAMPS AND REGISTRATION The Court made the following:^ORDER

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HOI{PBLE DT, JTJSTICE CHILLAKUR^SUMALATHA

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WRIT PETITION No.28257 of 2023

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ORDER:

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Heard Sri Chokki Narender, learned counsel for^the petitioner, as well as Sri B.Dileep Kumar, learned^Assistant Government Pleader for Stamps and Registration,^{who is} representing respondent Nos.i to 5.

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This Wrir Petitior-i is filed seeking the Court to^{issue a} writ or order in the nature of writ of Mandamus^{declaring the} Refusal Order cornmunicated through^{Memo No.23Ool 2023,} dated 26.9.2023, passed by respondent^{No.4 r.e., Joint Sub} Registrar-Il, Patancheru, as illegal and arbitrary^and consequently, to ciirect respondent No.4 to register^and release the subject document i.e., sale deed^{presented by the} petitioner in respect of Open Plot bearing No.442-G , admeasuring 5OO square yards, located in Sy.No.343^of Tellapur Village, Ramachandrapuram Mandal,^Sangareddy District.

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Making his submission with regard to the merits of^the matter, learned counsel for^{the petitioner contendedthat the} sale deed presented for registration^bir the^{petitioner was not} {."

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) J

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------:---_\i

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l)t⁽ .5t. .t ll'l' \o l,\l-t7 ol )0).1

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entertained bv respondent No.4 basing on thc letter vicle Lr.No.F1 /2051 /2006. dated 2U. I 1.2006, ancl indr:r d. the said lctter has nothing to do u,ith the lerrrds u,hich arc located in Tellapur Village. Learned counsel also statcs that rlre subject property is neither a GoverrrmenL lanci nor an irssiqncd land. The subject propertv is purely a pri.ate propertl.. Learnecl counsel further states that the District Collcct or, Sanga Reddy District. has got no po\,er ro address le ers to the Sub-Registrars and in case, thc property rs requ rrcd to be kept in prohibitory list, it should be done under drre process of laq,. The letter uide Lr. No. F I /2O5) I 2.006. datecl 2a.11.2006, reads as under:

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"Adverting the subject it is inform that thc InclustriaL Employees Co-Op. House Building Socret. t,td. Bandlaguda has purchased thc lzrnds frorn thi: assignees, and sold thc same to it.s meml;crs b-r. making into plots in Patancheru, Arneenpur Villages of Patancheru Mandal and Tellapur, I(ollur VilliLges ol Ramachandrapur Mandal.

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In this regard, it is to lurther irrlorm you thaL lhc Collector, Medak has receivcd applications Iiom t hc members of the Society for scrutiny. The Distrjct Revenue Officer, Medak is made pcrson-ltr charge ol thc said Society and the mattcr is bcing pursucci.

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/i-

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Dt. CSL, .l llt.P.No 23]-t: oJ )0)l

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II I

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-r/

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You are therefore directed not to entertain any petitions for mutations or changes in Revenue Records, permission for any constrictions, N.O.Cs., etc.. with regard to the lands said to have been purchased by the Industrial Employees Co_Op. House Building Society I-rd. Bandlaguda, until further orders. You are also directed to safeguard the above said lands from the encroachers_,,

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The alore-mentioned ietter was addressed by the Collector, Medak District to the Mandal Revenue Officers, Patancheru ar-rd Ramachandrapur Mandals. Therea_fter, i.e., on 28.0I .2017, rhe District Collector, Sanga Reddy District, addressed a letrer to the District Registrar, Sanga Reddy calling for the details ivith regard to the registrations that were carried out. The said letter reads as under:_

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"I invite your attention to lhe reference cited, through which you were requested to not to entertain any sale transactions on the lands transacted by the Industrial Employees Co-Op House Building Society, but it has come to the notice of the District Collector that certain transactions on the lands transacted by the Society are still being entertained by the Sub_Registrars.

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I therefore request you to look into the matter personally and intimate u,hether any registrations entertained by the Sub_Registrars of Sangareddy and Patancheru on the societ5z lands from 2OO6 to till date

t-,1

Dr.^('St. l l .l'..\ rt t t) 5. 4 )0) l

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and if so, please furnish the clerails o[ thc saicl rcgis lrations.

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Treat this as^'Most Urgent"."

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Regarding the subject matter, G.O.Ms.1\io. 1O77, Revenue (Assn.lV) Department, dated 07.8.2007, r,r'as issued by the then Government ol Andhra Praclesh. r.t l-rereir-r and vt hereby, narrating the details of the enquiries conductecl, the Government observed as folloq,s:-

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"Govt after careful examination have decidcd that lhe request of the Ameenpur, Beeramguda, Naraguda, Tellapur Plot Purchasers Welfare Association for regularization of the plots purchascd by them lro rn the said socie[y in so far as Govt. Lands, assigned lands and lands belonging to Ex-serviceman and [rrccdom I,'ighters do not deserve any consideration as it q'ould violate the provisions of the AP Assigned Lands (pOT) Act 1977 (9 /77). Accordingly, the requcst of Amccnpur, beeramguda, Naraguda, Tellapur Plot purch:rsers Welfare Association for regularization submittcd through their representation hrst read above, is hcreby rejected. In respect of the patta lands, it is decided that thc said patta lands acquircd by thc society be handcd over to the said society for taking necessary action as per the provisions of the Cooperative Act in consultation with Registrar of Cooperative Society, Hyderabad. "

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)

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,:i

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Dr. CS!-, .l Ll'.P.No 282-;7 o/' 242 3

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6 . The afore -mentroned letters and the G. O. were held unsustainable and accordingly, set aside by this Court through comrnon ordcr in Wrii Petition No.9604 of 2020 and batch, dated 28.O2.2C23, wherein this Court held as under:-

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"in the light of thc above, the impuqned orders passed by the respondenis in these batch of Writ Pctitions by referring to the letters of the District Collector, Sanga Reddy District i.e., Lr.No.F1/2051/06, dated 28,11.2006 and 28.01.2O17 and G.O Ms.No.i077, dated 07.O8.2OA7, are unsustainable and accordingly, they are hercby sct aside and consequently. lhe rcspondentregistering authorities are directed to receive the returned documents covered by impugneci refusal orders in the respective Writ Petitions and^process the same for registration wrthout reference to the Lr.No.F1/2051 / 06, daLed 28.71.2006 and 28.O1.2017 and G.O.Ms.No.7O77 dated 07.Oa.2OO7 and complete the process in accordance with 1au, within a period of three (3) weeks from the date of^presentation of the returned documents by thc rcspective petitioners and release the same in lavour ol the respectivc petitioners, subject to the said document complying with the requirements of the RegistraLion Act, 1908 and the Indian Stamp Act, 1899. "

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7 . Learned Assistant Government Pleader for Stamps and Registration who argued the matter did not state that^the above order was put to challenge before^higher foTg:

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DttSL.J il I to ),\2:. tl )0)l

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'l'herefore. the Registering Authority ought ncr to har.e rcjected the subject document basing on the same GO and lette r r,i,hich were set aside by this Court.

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Thus, in the light of the factual scenario that exists as o1r this da1,, this Court is of the view the impugned Refusal Order passed by respondent No.4 is unsustainable.

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Consequently, the Writ Petition is allowed. Tire Reir-rserl Order communicated through Memo No.230 of 2023, dated 26.9.2023, passed by respondent No.4 i.e., Joint Sub Registrar II, Sargareddy is set aside. The Registering Allthority is directed to receive, register and release the subject document i.e., the sale deed covered under the impugned Refusal Order in respect of Open^plor bearing No.442 G , admeasuring 5OO square yards, located in S,r.No.343 of Tellapur Village, Ramachandrapuram Mandal, S:rngaredd5, District, without reference to the letters ulde Lr.No.F1/2051/06, dated 2a.ll.2006 and 28.01 .2O17 and G.O.Ms.No. iO77, Revenue (Assn.IV) Department, dated 07.Oa.2OO7, in case, the said document complies rvith the provisions of the Registration Act, 1908, and the Indian Stamp Act, 1899. The Registering Authority can refuse to register the document in case the document is prohibitecl for

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t csL, ,i tL' P.,'o. I :i I i^- d 2 02 -i

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registration under any ol the provisions of larv, Ruies or Regulations made lhereunder. Hou,ever, the reasons assigned thereof and the decision taken shall be communicated to the petitioner in writing. There shall be no order as to costs.

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Miscellaneous petitions pending, if any. shall stand closed.

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SD/. MOHD.SANAULLAH ANSARI ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Principal Secretary Revenue^{(Regiskationand Stamp) Department,} State of Telangana, Secretariat,^{Hyderabad, TelanganaState.}

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The Commissioner And lnspector General,^{RegistrationandStamp} Department, Ir/.J. Road, Nampally,^{Hyderabad, Telangana State.}

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The District Registrar, Registration and Stamp^{Department, SangaReddy,} Sanga Reddy District, Telangana^State.

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The Joint Sub-Registrar^- ll, RO^(OB), Patancheru,^{Sanga ReddyDistrict,} Telangana State.

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The District Collector, Sanga^Reddy, Sanga^{ReddyDistrict, Telangana State.}

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One CC to SRl. CHOKKI^{NARENDER, Advocate.[OPUC]}

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Two CCs to GP FOR STAMPS^{AND REGISTRATION} ,High^Courtforthe State of Telangana at Hyderabad. [OUT]

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Two CD Copies

HIGH COURT

DATED:1211012023

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ORDER

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WP.No.28257 of 2023

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ALLOWING OF THE WRIT PETITION WITHOUT COSTS.

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Sajitha Munagala, v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Sajitha Munagala, v. The State of Telangana

Case brief

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What did the court decide?

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