Allowed

Chinthalapally Venkata Ramana Reddy v. The State of Telangana and 2 others

Telangana HC14 Feb 2023WP/32041/2022

Case brief

AI extract

What is this about?

Petitioner challenged the Registrar's refusal to allow land registration booking due to an alleged stay on Survey No. 440. Court found the total blockage of the survey illegal as the stay applied to a different extent. Petitioner granted slot for registration of his specific land.

What did the court decide?

Respondent No. 3 directed to permit petitioner to book a slot on Dharani Portal for registration of land in Survey No. 440/2 admeasuring Ac.1.36 gts. within two weeks.

Chinthalapally Venkata Ramana Reddy Vs The… — Public Procurement and Tenders | Telangana HC (2023)

¶1

i I

¶2

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdicti,on)

¶3

[^32s6 ]

¶4

TUESDAY, IHE FOURTEENTH DAY OF^FEBRUARY TWO THOUSAND AND TWENTY THREE

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

¶7

WRIT PETITION NO: 32041 OF 2022

¶8

Between:

¶9

Chinthalapally Venkata Ramana Reddy, S/o Anja Reddy, aged about 42 years, Occ: Agriculture, R/o H.No 2-20lA, Galipalle village Ellantakunta Mandal, Rajanna Sircilla District.

¶10

...PETITIONER

¶11

AND

¶12

1 The State of Telangana, Rep by its Principal Secretary, Revenue Department Secretariat, Hyderabad.

¶13

2 The District Collector, Rajanna Sircilla District. J The Tahsildar cum Joint Sub Registrar, Ellanthakunta Mandal, Rajanna Sircilla District

¶14

4 Singireddy Premalatha, Wo Raji Reddy, Aged about 45 years, Occ: House wife, R/o Galipelly village, Ellantakunta Mandal, Rajanna Sircilla District.

¶15

(R-4 is impleaded as per Court Order, dated 23.08.2022 in l.A No.2 of 2022.)

¶16

Petition under Arlicte 226 of the Constitution of lndia ,;t=r:t3}'f;tl: circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue writ order or orders more particularly one in the nature of writ of mandamus declaring the action of the respondents in non accepting the slot for registration of the land in survey 44012 e*ent Ac 1.36 gts situated Tallapally village, Ellantakunta mandal, Rajanna Sircilla district through dharani portal on the ground in dharani portal the survey No. 440 is reflecting as there is a court stayiinjunction or court order on survey no, that in fact there is no stay/lnjunction or court order regarding the either land in survey No. 440 or 44012 as arbitrary and illegal and violative of Article 14, 16, 300A of constitution of lndia consequently to direct the respondents to receive the document process, register and release the document.

¶17

il2tl

¶18

lA NO: 1 OF 2022

¶19

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, ttre Hign Court may be pleased to direct the respondent No. 2 and 3 to receive, process and register and release the document presented by the petitioner for the land in survey 440/2 extent Ac 1.36 gts situated Tallapally village, Ellantakunta mandal, Rajanna Sircilla district pending disposal of the above writ petition.

¶20

Counsel for the Petitioner: SRl. GUDI MADHUSUDHAN REDDY

¶21

Counsel for the Respondent Nos.1 to 3:

¶22

GP FOR STAMPS AND REGISTRATION

¶23

Counsel for the Respondent No.4: SRI T. SURYA SATISH

¶24

The Court made the following: ORDER

¶25

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

¶26

WRIT PETITION No.32O41 OF 2o22

¶27

ORDER:

¶28

This Writ Petition is filed seeking a Writ of Mandamus to declare the action of respondent Nos. 1 to 3 in not accepting the slot for registration of the land in Sy.No.440/2 admeasuring Ac.1.36 gts., situated at Tallapally Village, Ellantakunta Mandal, Rajanna Sircilla District, on the ground that Sy.No.440 is being shown as covered by Court stay/injunction on Dharani Portal, as illegal and arbitrary.

¶29

It is the case of the petitioner that he is the absolutc owner of the land admeasuring Ac. 1.36 gts., situated in Sy.No.440/2 of Tallapaily Village, Ellantakunta Mandal, Rajanna Sircilla District, having purchased the same under registered Sale Deed, dated 03.O3.2022 vide document No.3B4 /2O22 and that the said extent of land was mutated in the name of the petitioner and he was also issued a Digital Pattadar Pass Book vide Pass Book No.T1904O1OO418 with Khata No.557 covering the said extent of land along with certain other extents. When the petitioner intended to book a siot for registering a conveyance deed by booking a slot on Dharani Portal, the petitioner was not allowed to book a slot as the entire Sy.No.44O is marked as covered by a Court stay/injunction.

r'- r' L I

MSK.J wp-3204t _2022

[t is the further case of the petitioner that the said Sy.No.440 was blocked for transaction 6ecause of the pendency of W.P.No.11402 of 2022 filed by respondent No.4 herein before this Court. It is the contention of the learned counsel for the petitioner that the subject matter of the said W.P.No. 114O2 of 2022 is Acs.3.34 gts., in Sy.No.440 and the same is nothing to do with the land being claimed by the petitioner to an extent of Ac. 1 .36 gts., situated in Sy.No.440 12. lt 1s further contended that respondent No.4 herein categorically admitted the right and title of the vendor of the petitioner herein in the aflidavit filed in W.P.No.1 1402 of 2022 and respondent No.4 herein is not making any claim over the land, which is the subject matter of this Writ Petition and as such the action of respondent No.3 in not allowing the petitioner to book a slot for executing a conveyance deed is totally illegal and arbitrary.

¶34

In the light of the above contentions of the learned counsel for the petitioner, this Court directed W.P.No.11402 of 2O22 also to be listed along with this Writ Petition and accordingly, both the Writ Pelitions are taken up for consideration together.

¶35

From the afftdavit filed in support of Writ Petition No. 114O2 of 2022 at paragraph No.5, it is evident that the vendor of the petitioner is the absolute owner of land

¶36

¶37

MSK,J Wp_32041 2022

¶38

admeasuring Ac. 1 36 gts., in Sy.No.440 and the claim of respondent No.4 herein for an extent' of Acs.3.34 gts., in Sy.No.44O is totally independent of the claim of the petitioner herein. Paragraph No.S of the said affidavit filed in support of

¶39

the W.P.No. I l4O2 of 2022 reads as under:-

¶40

"I further submit that my husband and his two brothers had partitioned the entire extent of Ac.5-30gts falling in Sy.No.440 into three shares of Ac.1-36gts in favour of Singireddi Mutyam Reddy, Ac- 1-37 in favour Singireddi Adireddy and Ac.1-37Gts in favour of my husband Singireddi Rajireddy. I submit that even the revenue record shows the names of the three persons with extents mentioned above in Sy.No.44O with A/c Nos.147, 365 & 366. I submit that my husband and the brother of my husband Singireddi Adireddl' had transferred their entire extent of Ac.1-37gts rvhich they got towards their share to me under the above mentioned sale deed and gift settlement deed"

¶41

No doubt, this Court, while considering the claim of respondent No.4 herein in W.P.No.1 7402 of 2022, passed an interim order directing the respondents therein not to give effect to endorsement, dated 31.O1.2022, which was impugned in the said Writ Petition. The subject matter of the said endorsement is only an extent of Acs.3.34 gts., in Sy.No.440. The land which is the subject matter of the present Writ Petition is not the subject matter of the said endorsement, dated 31.01.2Q2fr., ns the land, which is the subject matter of this Writ Petition is not the subject matter of the said endorsement, dated 31.01.2022, arry action on the part of respondent No.3 herein in preventing the petitioner herein from booking a.slo[ or from executing a conveyance deed in respect of W land Ac.1.36 gts., in

¶42

¶43

MSK,J wp 32041-2022

¶44

Sy.No.44O/2 is totally illegal ancl arbitrary and without application of mind. There is no justification for respondent No.3 herein to block the entire Sy.No.440 from making transactions by virtue of order, dated O4.03.2022, passed in W.P.No. ll4O2 of 2022.

¶45

In the light of the above, W.P.No.32041 of 2022 is allowed directing respondent No.3 to permit the petitioner to book a slot on Dharani Portal for making transactions/executing conveyance deed, etc., in respect of the land admeasuring Ac.1.36 gts., situated in Sy.No.440/2 covered by Digital Pattadar Pass Book No.T1904Oi00418 vide Khata No.557 standing in the name of the petitioner without reference to the order in W.P.No. 17402 ol 2022, dated 04.O3.2O22 subject to the petitioner complying with the requirements of the Registration Act, i9O8, and the Indian Stamp Act, 1899 and complete the process within a period of two weeks from the date of presentation of the document for registration by the petitioner. 8. Accordingly, W.P.No.32O41 of 2022 is allowed. 9. Office is directed to list W.P.No.ll402 of 2022 after three weeks for filing counter before the appropriate Court having the Roster.

¶46

::5::

¶47

MSK.J wP_32041_2022

¶48

As a sequel, miscellaneous petitions, pending if any in

¶49

this Writ Petition, shall stand closed.

¶50

¶51

SD/.T.SRIN DEPUTY REGIS R

//TRUE COPY'

SECTION FFICER

To,

The Principal Secretary, Revenue Department, State of Telangana Secretarrat, Hyderabad.

¶56

2.'t The District Collector, Rajanna Sircilla District. The Tahsildar cum Joint Sub Registrar, Ellanthakunta Mandal, Rajanna Sircilla Dislrict.

¶57

The Section Officer, Posting Section, High Court for the State of Telangana at Hyderabad.

¶58

The Section Officer, Non-Service Section, High Court for the State of Telangana at Hyderabad.

¶59

One CC to Sri Gudi Madhusudhan Reddy, Advocate [OPUC] 7_ Two CCs to GP for Stamps and Registrations, High Court for the State of Telangana at Hyderabad. [OUT]

¶60

B. One CC to Sri T. Surya Satish, Advocate [OPUCI

o Two CD Copies

CHR BS -\ Y

HIGH COURT

DATED:1410212023

ORDER