Allowed

Sri. Syed Zakir Hussain, v. The State Of Telangana

Telangana HC6 Jul 2023WP/5827/2023

Case brief

AI extract

What is this about?

The High Court directed Respondent No.3 to receive, process, and register documents presented by the petitioner concerning land in Survey No.96, Ibrahimpatnam, provided they comply with the Registration and Stamp Acts. The Court ordered the previous orders from W.P.No.27970 of 2012 to be implemented.

What did the court decide?

Respondent No.3 directed to receive, process, and register the documents presented by the petitioner and to implement previous Court directions; rejection grounds must be communicated in writing if do

Sri. Syed Zakir Hussain, Vs The State Of Telangana — Land Acquisition | Telangana HC (2023)

¶1

[^320e 1

¶2

HIGH COURT FOR THE STATE OF TELANGANA AT^HYDERABAD (Special Original Jurisdiction)

¶3

THURSDAY, THE SIXTH DAY OF JULY TWO THOUSAND AND TWENTY THREE

¶4

PRESENT

¶5

THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA

¶6

WRIT PETITION NO: 5827 OF 2023

¶7

Between:

¶8

Sri. Syed Zakir Hussain, S/o Late Syed Yousuf Hussain, Occ. Business, R/o H.No.17-9-126, Kurmaguda, Saidabad, Hyderabad, Telangana.

¶9

...PETITIONER

¶10

AND

¶11

The State Of Telangana, Represented by its Principal Secretary, Revenue (Stamps and Registration Departments), Secretariat, Tank Bund, Hyderabad.

¶12

The District Collector, Ranga Reddy, Ranga Reddy District.

¶13

The Tahsildar Cum Sub-Registrar, lbrahimpatnam, Ranga Reddy District.

¶14

...RESPONDENTS

¶15

?etition^{under Article 226 of the Constitution of lndia praying that in the} circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ order or direction more in the nature of Writ of Mandamus declaring the action of respondents 2 and 3 in not deleting the land admeasuring Ac.4-34 guntas in survey no. 96 situated at Mangalpally Village, lbrahimpatnam Mandal, Ranga Reddy District from the^prohibited list and not registering documents^presented in respect of subject^property as illegal, arbitrary and contrary to law and orders^passed by this Honble Courtⁱⁿ W.P.No.27970 of 2012 and consequently direct the respondents to^forthwith delete the subject^property from the^prohibited list and^{further direct them to} receive, process and register the documents^presented by the^petitionerin respect of land admeasuring Ac.4-34^guntas in survey no. 96^{situated at} Mangalpally Village, lbrahimpatnam mandal,^{Ranga ReddyDistrict.}

¶16

lA NO: 1 OF 2023

¶17

Petition under Section 151 CPC^praying that in the circumstances^stated in the affidavit filed in support of the^petition, the High Court^{maybe pleasedto} direct the respondents no.2 and 3 herein to forthwith delete the^land ahmeasuring Ac.4-34^guntas in survey^no.96 situated at^{MangalpallyVillage,} lbrahimpatnam Mandal, Ranga Reddy District from the^prohibited list and^further direct to register the documents^presented by the^{petitioner in respect of above} land, pending disposal of the above^{writ petition.}

¶18

Counsel for the Petitioner: SRI^{PRAMOD SINGH,} ADVOCATE Counsel for the Respondents:^{AGP FOR} STAMPS AND^REGISTRATION The Court made the following:^ORDER

¶19

HOlfBI ,E DT. JUSTICE CHILLAKUR SUfuLil.A.,,IHA

¶20

wl-?lT PETIT'|ON No.5827 OF:)02:)

¶21

ORDER

¶22

Th s⁾ r't l)etition is filed seektng t: lbllou,ing

¶23

sullstanl iVc r' Lef

¶24

"Lo issuc a n'. writ order or direction morr in tlr( ni-ture of Writ⁽⁾ⁱ AItt,.aotnus declaring the action of r:sporclr:ntr; 2 and 3, in rot r: rl :ting the lantl admcasuring /,c..1.321 gLl^'ltas in SLrrvcr, "1 .96 siLu:.rted at Mangalpzrlll Villagc, lbrahLmp:, nilrr) Mandal, Ranga Reddy tristrict, 1-rom thc prohii.rit0rl [ir;t and n(]t rcgistering doctrmcnts Prr:sc:tted in rcspe,--[ o''^,r-tbject prop(]rtv as illegal, arbit-ary e n,l c,tntrzrry to lar. lL:r,- r-rdcrs passed bv this Flonblc Cour n \V.P.No. 2797O o . i) 2 anc[ c<tnsequently, to direct tlLe^-r:;pondents to for:hrvr r lelcte the subject property frr,m tr: trohibited list and I'tt tlre- direct thcm to re ccive pro, e ss ll d tr:gister thc dor:rulL nts ytrc scnted t), the pct t oner in r( sJ)1 (.t of land lrdmc-rrsr. r g l.r:.4.3.1 gunlas in Strrvev I,o.9(r s Lulrted at M:rngrrilr r1l .' Village Ibrahlmpatnam manrlal Rrrrrga Redrlv Distri rt. '

¶25

Hearrl ll:'i Przrmod Singh, Iearned cor-rn:iel for the pel itioner'. irs, u ell as learned Assistant Gr vern tt rnt Pleader for Stam'rs iu d Registration u,ho is repres:ntin? res tlondent Nos. 1 to .l

¶26

Learnccl⁽ ot-rnsel for thc petil.ioner sLrbrrL s ,hat the petitioner' lr.rr: car'lier filecl Writ Petition No 279i⁽⁾ of 2012 to

¶27

¶28

Dr CSL, J It. l'. N o 5827 o! )02.)

¶29

1n declare the inaction of the Registering Authority entertaining his document for registration with regard to the subject property AS illegal and arbitrary. Learned counsel further states that this Court through orders dated 02.7.2013, directed the Registering Authority to entertain the document presented by the petitioner IN respect of the subject property and process the same. Learned counsel also subrnits that number of times t-he petitioner presented his document for registration, but it was not received and therefore, on. the same issue, again the petitioner is before this Court through this Writ Petition.

¶30

The submission of the learned Assistarrt Government Pleader for Stamps ald Registration, on the other hand, is that no document is presented by the petitioner for registration till nolv. Learned Assistant Government Pleader also states that in case, the document is^presented by^the petitioner for registration, respondent No.3 would entertain the same.

¶31

Having considered the submissions thus made, this Writ Petition is disposed of with the foilowing direction:-

¶32

Respondent No.3 is directed to receive, process, register and release the document that would be

¶33

¶34

Dr CSL, J 'l','} . -iE2: ll 2023

¶35

1n presento I by the petitioner rospect of the agricult,- ri J land to an extent of Ar:s.4.i 4 guntas situat€d Ln Sr,.No.96 of MangalzLpalll Village, Ibrahirnl a -nam Mar-rdal, Ranga Red,1y Dis,lric:t, ln case. l.hr raid document is in consonanc€ 'vith the RegLstla on Act, 1908 and the Indirrn ii'.a rrp Act, 1899. Tl re directions rssued by this Court through the ordr r.( rendered in Writ Petition No 2 79i'z0 of 2012, cl i=d 02.7.2O 13, shall be irrLplerrenteC. in casr:, '-h document presented by the pe,1..lor er rs found n r1- liable for registration, the grot:nds for rejection shall be communicated to the pe titior.er in writinll.^{' 'l:} ere shali be no order as to costs

¶36