Disposed

Mohd.Saleemuddin, v. The State of Telangana, Rep. by its Principal Secretary

Telangana HC8 Nov 2024WP/30890/2015

Case brief

AI extract

What is this about?

Petitioners challenged an encumbrance entry of deficit stamp duty recorded against their registered sale deed in respect of lands at Shamshabad, based on an internal communication. The court directed the respondents to issue notices, hear the petitioners and pass final orders on pending Section 41-A proceedings within six weeks.

What the court decided

AI extract

Mohd.Saleemuddin, Vs The State of Telangana, Rep. by… — Property and Title | Telangana HC (2024)

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[^32ss ]

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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FRIDAY,THE EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITION NO: 30890 OF 2015

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Between:

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Mohd.Saleemuddin, S/0.lt/ohd.Moinuddin, Aged about 57 years, Occ Business, R/o. 8-3-1 66/7, Erragadda, Hyderabad.

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Khaja Ameenuddin, S/o. Late Khaja Moinuddin, Aged about 59 years, Occ Business, R/o. 8-4-458, Erragadda, Hyderabad-500080

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...pETlTlONERS

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AND

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1 The State of Telangana, Rep. by its Principal Secretary, Revenue, Registration and Stamps Department, Secretariat, Hyderabad. The District Registrar, Department of Stamps and Registration, Ranga Reddy District.

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3 The Sub-Registrar, Samshabad Sub-Registration Office, Department of Stamps and Registrations, Samshabad, Ranga Reddy District

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...RESPONDENTS

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Petition under Article 226 of the Constitution of lndia praying that in the circumstances sta.ted in the affidavit filed .thergwith, the High Court .may. be pleased to issue"'a writ, order or' direction', rmore in the nature of Writ of Mandamus declaring the unilateral action of the Respondent in seeking to record an encumbrance against the registered document of the Petitioner in their records pertaining to Sy.No.707, 743 and 745 of Shamshabad Village and lvlandal, Ranga Reddy District based on an internal communication bearing No.DRLR 737OlG1t2OO7 dated 3.3.20'15 as illegal, arbitrary and untenable and consequently set aside the same by directing the Respondents to remove the objection note as against the property of the Petitioners

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l.A. NQ: I OF 201S(WPMP. NO: 39937 OF 2015)

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. Petition under Se-ction 151 CPC.paa-ying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the operation of the entry made against the property of the Petitioners

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pursuant to the proceedings No.DRLR No.7370/G112007^{dt.3.3.2015pending} disposal of the above writ^petition

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Counsel for the Petitioner:^{SRl. V. HARI HARAN}

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Counsel for the Respondents:^{AGP FOR STAMPS AND REGISTRATION}

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The Court made the following:^ORDER

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR

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WRIT PETITION No.30890 of 2015

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ORDER

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Heard learned counse[ for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is taken up for disposat.

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This writ petition is filed seeking the fottowing prayer:-

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"to declore the uniloteral action of the Respondent in seeking to record on encumbrance agoinst the registered document of the Petitioner in their records pertoining to Sy No.707, 743 ond 745 of Shomshobad Viltoge and lvlandol Rango Reddy District bosed on an internal communication bearing No. DRLR 7370/G1/2007,, dated 3.3.2015 os illegal, orbitrory ond unteinable and consequentty set oside the somte.by directing

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the Respondents to remove the objection note os against the property of th" pelitioners."

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Today when the matter has been taken up for hearing, learned

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counsel for the petitioners submits that this Court vide dated 28.10.2015, has passed the fottowing interim order:-

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"The petitioners question the entry of deficit stamp duty poyable as orreors of revenue os on encumbronce reflected ogainst their sole deed.

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The facts of the case show thot Secfion qli nnttice was given to the petitioner by the District Registrar, Rango Reddy

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District-Znd respondent vide file No.7370/G1/2007, doted 06.04.2010. The petitioners submitted their detaited reply ond objections as early as on 27.09.2010. But, there,ofter, the soid proceedings were not finalised and, in the meolwhile, on the bosis of the oudit report it appears thot the present entry in the encumbronce is shown, as if the petiticners are liable to pay the arreors to the Government.

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Learned Government Pleoder, who was required to get instructions as to whether the proceedings under Section 4l-A ore still pending, now confirms that the said proceedings are pending and that oppropriate steps wilL be taken to issue notice to the petitioners ond dispose of the sone ot the eorliest.

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Hence, pending further, t is appropriote to direct the 2nd respondent to fix a dote of heoring, issue notice to the petitioners, hear them and then pass an oppropriate finol order on the proceedings issued under Section 4l-A, preferably within o period of four weeks from todoy."

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Learned counsel for the petitioners submits inspite of the interim direction, dated 28.10.2015, to pass finat orrjer on the proceedings issued under Section 41-A, the respondent authorities have only issued notice to the petitioners but not passerd the finat order on the said proceedings.

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Learned Assistant Government Pteader for Stamps and Registration fairty submits that no counter-affidavit has been fited by

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the respondents and further submrts that if the said proceedings are still pending for consideration, the respondent authorities may be directed to dispose of the same and pass appropriate orders in accordance with [aw.

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ln view of the submission made by learned counse[ appearing on either side and without expressing any opinion on the merits of the case and in view of the fact that this court on zg.1o.zo15 atready directed the respondent authorities to pass final orders on the proceedings issued under Section 41 -A, hence, this Court deem it appropriate to dispose af the wrtt petition directing the respondent authorities to issue notices to the petitioners and after giving a fair opportunity of hearing to the petitioners, thereafter pass final orders on the proceedings issued under Section 41-A, as expeditiousty as possibte, preferabty within a period of six (06) weeks from the date of receipt of copy of inis order and communicate tne,same to the petitioners.

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7 Accordingly this writ petition is disposed of. Miscettaneous apptications, if any pending, shatI stand ctosed. No order as to costs

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SD/- A.SRINIVAS EDDY ASSISTANT RE STRAR

//TRUE COPY/i

To,

SECTION OFFICER

'^g::,.:#iJfl i ::?flg;["oYenue' Registration and Stamps Department, 1 Jl}lrfli:,nc, Registiar, Deparrment of Stamps and Registration, Ranga Reddy 3' The Sub-Reqistrar. Samshabad Sub-Reg-istration office, Department of Stamps and Reoisiration.. .s"rrnrLaol"Cinir"ijov oirtri.t

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1. one cc to sRt:v Han1114!4iri,,{j*"rT"'iopijEt

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Two ccs to Gp FoR sTAMpS niriq"lircistEhYioN ,Hist-, court for rhe -^{State of Telangana at Hyderabld} JOUiI^-' 6. Two CD Copie-s -)

BM PSK

CC TODAY

HIGH COURT

DATED:0811112024

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ORDER

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WP.No.30890 of 2015

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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II \ilqlv

Mohd.Saleemuddin, v. The State of Telangana, Rep. by its Principal Secretary

Case brief

What is this about?

What the court decided

Mohd.Saleemuddin, v. The State of Telangana, Rep. by its Principal Secretary

Case brief

What is this about?

What the court decided

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