Allowed

Muddapati Mallikarjuna v. The State of Telangana and 2 others

Telangana HC24 Apr 2023WP/43714/2022

Case brief

AI extract

What is this about?

This writ petition challenged the Sub-Registrar's refusal to register a Sale Deed based on Letters of Instruction designating the property as prohibited. Relying on a common order in WP No.9604 of 2020, the Court allowed the petition, set aside the refusal order and Letters of Instruction, and directed registration by the Sub-Registrar.

What did the court decide?

Refusal order in Memo No.409/2022 and Letters of Instruction set aside; respondents directed to register and release the Sale Deed within three weeks.

Muddapati Mallikarjuna Vs The State of Telangana and 2… — Property and Title | Telangana HC (2023)

¶1

[³²⁵⁶ ]

¶2

HIGH COURT FOR THE STATE OF^TELANGANA AT HYDERABAD

¶3

(Special Original Jurisdiction)

¶4

IVONDAY ,THE TWENTY FOURTH DAY^{OF APRIL} TWO THOUSAND AND TWENTY THREE

¶5

PRESENT

¶6

THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER^KUMAR

¶7

WRIT PETITION NO: 43714 OF 2022

¶8

Between:

¶9

Muddapati Mallikarjuna, s/o Late fVl.Kondaiah, Aged about 45 Yrs., Occ. Business, r/o H.No.16-1-479/4, Poosala Basti, Saidabad,Hyderabad - 5000059.

¶10

...PETITIONER

¶11

AND

¶12

1 . The State of Telangana , Rep.,by The Commissioner and lnspector General Dept. of Registration and Stamps, lr,4ozamjahi Market, Jambagh, Hyderabad^- 500 095

¶13

The District Registrar, Dept., of Registration and Stamps, Sangareddy, Sangareddy District -50200'l

¶14

The Sub- Registrar, Dept.of Registration and Stamps, Sangareddy, Sangareddy District -50200'l

¶15

...RES'.NDENTS

¶16

Petition under Article 226 of lhe 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 more particularly one in the nature of writ of mandamus declaring the Refusal order in Memo No.409/2022, Dt.1811112022 issued by the 3rd respondent refusing to register and release pending Sale Deed Doc.No.77212022 dt.1611112022 as arbitrary, illegal, unjust and violative of the^judgement dt.25l1 112022 passed by the Hon'ble Court in WP 13507 of 2O14 and consequently direct the respondents to register and release the pending Sale Deed Doc.No.772l2O22 dt.1611112022 by setting a side the Refusal order in Memo No.409/2022, Dt.1811112022 issued by the 3rd respondent

¶17

lA NO: 1 OF 2022

¶18

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 3rd respondent to regrster and release the^pending Sale Deed Doc.No.77212022 dt.1611112022 by suspending the Refusal order in Memo No.40912022, D1.1811112022 issued by the 3rd respondent^pending disposal of the writ petition

¶19

Counsel for the Petitioner: SRl. R. K. SURI

¶20

Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER

¶21

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR

¶22

wItIT PtrTITION NO .43714 0F 2022

¶23

ORDER:

¶24

Heard lt'ur ned counscl appearing for the petitioner and lczrrncd Assrstant Government pleader for Stamps and Rcgistration appr'aring for thc respondents.

¶25

This Wrir Petitior-r is filcd questioning the rcfusal ordcr 1r;rsscd^{bv rcspt,rrtlcnt} No.3 \ride Memo No.4O9 12022, d.ated 18. I 1.2022, rt'lr:sing to register the pending document bcaring No.1,.77212022. rlated 16.11.2022, in respect of the two house pkrls ltearrng Nos. l04B ancl lOSB situated in Survey Nos.966, ()67 969 sitll:rr( (l ar Amcenpur, Sangareddy District, Telangana St.rtc.

¶26

3 The reasons assigned in the refusal order by respondent No.3 re:rd ers rrnrl.r

¶27

''Tlre property ,"vith Sy.Nos.966,96T and 969 of Bcerirrrrrlucl:r (/), Ameenpur (M), Sangareddy Dist. Is rnclrr(i(.(l rn the lisl of prohibited properties as hrnrrsir< ii ll\ the I)istricl Collector, Sangareddy vide Lr.Nir l)l : l)21i2016 Dt.l3.O2.2O17 under Section 22 ^ {)t 11)c Rcgislration Act, 19Og ancl [.r No r'], i05t/06, darcrl 28.i1.2006 and 2B.Ol.2Ol7 rcad rr rrtr G.O Ms. IO77, dated 07.0g.2007 and G 1/8(,r, lO0(r, dalecl O7.08.2007.

¶28

¶29

Hence, Registration of the propcrly is rcfuscd vide Rcfusal order No. I06 of 2022 dt. 13.11.2022."

¶30

Lcarned counsel for the petitioner .$ubmittcd that thc

¶31

issue involved in this writ petition is squa rcly covered by the common order passcd by this Court in W.P.No.96O4 of 2O2O and, Batch, dated 28.02.2023, and the same is not disptrted by learned Assistant Govemrnent Pleader for Starnps and Registration. The reievant portion from the said common orclcr read s as follows:

¶32

"ln the light of the above, the impugned orders passed by the respondents in the balch of urit petitions by referring to the letters of thc District Collcctor, Sangareddy District i.e., L.R.No.F1/2051/06, dated 28.11.2006 and 2A.O.2017 and G.O.Ms.No.tO77 , dated 07.OA.2OOZ .rrc unsustainable and accordingly, the), are hereby set aside."

¶33

Following the said common order, dated 28.02.2023, passcd in W.P.No.9604 of 2O2O, and the reasons stated therein, this Writ Petition is also allowed by setting aside the Lr.No.Fl/2051/2006, 28.O1.2017, issued by rhe District Collcctor, Sangareddy and the Memo No.4O9 /2022, dated la.I1.2022, issued by respondent No.3 and consequently rcspondent No.3 is directed to register and release the subjcct document presented by the petitioners for registration, u,tthout

¶34

¶35

reference to Lr.No.F1/2051/2006, dated 28.O1.2OI7, issued by the District Collcctor, Sangarecldy and complete the process, in accordance with larv, vrithin a pcriod of three (3) rveeks from the date of presentation o[ the document by the pctitioner and release thc same in favour of thc petitioner, subjcct to the said document complying with the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899-

¶36

There shall be no ordcr as Lo cosLs. Miscellaneous

¶37

Pctitions, if any, pending in this u,riL petition shall stand closed.

¶38

//TRUE COPY//

¶39

SD/. C. PRAVEEN KUMAR ASSISTANT REGIS/RAR -/.^/ /

¶40

SECTIO14 OFFICER

¶41

To, 1 The Commissioner and lnspector^{General Dept. of Registration and Stamps,} tr,4ozamiahi lVlarket. Jambaqh, Hvderabad^-500095

¶42

2 The Didtrict Registiar, Dep[., of^{Regrstration and Stamps. Sangareddy} Sangareddy District^-502001

¶43

3 The-Sub- degistrar, Dept.of Registration^{and Stamps' Sangareddy,} Sangareddy District -502001

¶44

4 TwotCs td GP FOR STAMPS AND^REGISTRATION ,High^{court for the} State of Telangana,at Hyderabad [OUT]

¶45

5 One CC to SRl. R. K. SURI,^Advocate [OPUC]

¶46

6 Two CD Copies BM

CC TODAY

HIGH COURT

DATED:2410412023

ORDER

ii .f. STA i-(r
r)
(-) 21 lfi\ ?$8 )

¶54

WP.No.43714 of 2022

¶55

ALLOWING THE WRIT PETITION WITHOUT COSTS

¶56

c4^9 5" 71 13

Muddapati Mallikarjuna v. The State of Telangana and 2 others

Case brief

What is this about?

What did the court decide?

Muddapati Mallikarjuna v. The State of Telangana and 2 others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

L.Laxman Vs Dr S Harish, IAS

Mala pippera Sayanna Vs G.V. Narsareddy

Mrs. K.A.R. Prafulla Sridevi Vs Sri M. Hanumantha Rao

Smt Moole Devamma Vs State of Telangana

Jm Financial Asset Reconstruction Company Ltd. Vs Vamshi Mohan

Jm Financial Asset Reconstruction Company Ltd. Vs Mr. E. Mallaiah