Allowed

Gali Madhu Mohan Reddy v. The State of Telangana

Telangana HC14 Aug 2024WP/3549/2023

Case brief

AI extract

What is this about?

Writ petition seeking registration of a sale deed refused on the basis of a prohibitory-list letter under Section 22(A). Since that letter had already been set aside by an earlier order of this Court, the petition was allowed in terms of that order, with no costs.

What did the court decide?

Sale deed registration/release directed in terms of W.P. No. 16109 of 2024 order; no costs.

Gali Madhu Mohan Reddy Vs The State of Telangana — Property and Title | Telangana HC (2024)

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HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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WEDNESDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HON'BLE SRI JUSTICE N. V. SHRAVAN KUMAR

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WRIT PETITION NO: 3549 OF 2023

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Between:

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Gali Madhu Mohan Reddy. S/o Gali Anthony Reddy, Age 48 years, Occ. Business, Ryo H.No.16-3-21164114, Bhagath Singh Nagar, JNTU Kukatpally, HYderabad'

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...PETlroNER

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AND

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The State of Telangana, represented by its Principal Secretary, Department of Revenue, stamps and registration, T.S. Secretariat, Hyderabad.

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The Commissioner and lnspector General Registrations and stamps, Government of Teiangana.

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The District Collector, Ranga Reddy District.

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The District Registrar, Registration and Stamps, Ranga Reddy District, Hyderabad.

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The Sub-resistrar, Resistrar Office, Serilinsampally, Ranga R"_1fl[g3tlfil^r,

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Petition 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 an appropriate an writ, order or direction more padicularly one in the nature of Writ of Mandamus declaring the action of the the Respondent No.3 in issuing letter No. E5/282512021 Dated 10-6-2021 including the land in survey No 36 of Gopanpally village of Ranga Reddy District in the^prohibitory list U/s 22^(A) of Registration Act. ignor:ng the^judgement of the Honble Supreme court vide dated 13-1-2015 in SLP No 5029 of 2011 and 5030 of 2011^is arbitrary, illegal and the action of the Respondent No 5 in refusing to register and release the Sale Deed citing Letter No. E5l2B25l2O21 Dated 10-6-2021, vide Pending^Doc.No. 1112023 vide Refusal No. 06i2023 dated 06.02 2023 in respect Plot no. 324, in Sy.No.36/A and 36/E. admeasuring 20OSq.yds or 167,5Sq.mts situated^at Vinayaknagar Colony, Gopanpally Village, SerilingampallyMandal, Ranga Reddy District consequently direct the Respondent No.5^herern to register the Sale Deed presented by the petitioner and release the same

lA NO: 1 OF 2023

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 Respondent No.5 to register and release the Saie Deed vide No P-1112023 in respect of Plot no. 324, in Sy.No.36/A & 36/E, admeasuring 200 Sq.yds or 167.5 Sq,mtssituated at Vinayaknagar Colony, Gopanpally Village, SerilingampallyMandal, Ranga Reddy District and release the same pending disposal of the Writ Petition

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Counsdl for the Petitioner: SRI ESLAVATH RAJU

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Counsel for Respondents: GP FOR STAMPS ANO REGTSTRATION

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The Court made the following: ORDER

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-Y

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THE HONOURABLE^SRI IUSTICE^{N.V.SHRAVANKUMAR}

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WRIT PETITION No.3549 OF²⁰²³

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ORDER:

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Heard learned counsel^{for the petitioner aftd Learned Assistant} Government Pleader for^{Stamps and Registration appearingfor} respondents. with^{the consent of the parties,the writ petitionis being} taken up for disPosat.

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Today when the^{matter has been taken up for hearing,[earned} counsel for the^{petitionersubmits that writ petitionis squarety covered} by the order^{passed by this Court in W.P-No.16109of 2024, dated} 19.07.2024, wherein^{relevantparagraphs Nos.13 to 15 are extracted}

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hereunder:^-

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"1i. As^{such, the tetter dated 10'06'2021 in} Lr.No.E5l2825/2021^{and the simitar tetterdoted 29'09'2021 in} which reference of^{letter dated 10.06.2021 was made,ore only} letters submitted^{by DistrictCollector, RangaReddyDistrict to} District Registror,^{Registrotion & StompsDeportment,Ranga} Reddy District for^taking further^{necessary oction ond that} cannot be the^basis ior^refusat for^{registration of the subject} property. lt is also^{pertinent to note that subsequently,no} notificotion^{wosissued by respondentauthoritieswith respect} to the list of^{tondsmentionedin the letterdoted 10'06'2022'ln} view of the^{same, letterdated 10'06'2021in} Lr.No.E5t2825t2021^{and the similor tetter dated29'09'2021} submitted by District^{Collector, RongoReddy Districtto District} Registrar, Registration^{& StompsDeportment' RongoReddy} District ore not in^{consonanceto the provisionsof Section 22'A}

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of the Act and 22(A)(t)(e) and Clause (vi) of the guidelines and the some connot be referred for the purpose of denying registration of the subject properties. Consequently, reference mode vide Lr.No.E5/2825/2021 , dated 10.06.2021 ond similar letter doted 29.09.2021 are per se illegal, arbitrory ond bod in Iaw ond ore hereby set aside ond writ petition stands allowed. Registering Authorities are directed to receive, register ond release the sale deed presented by the petitioner in respect of the subject property, subject to the petitioner complying with the provisions of the lndian Registrotion Act, 190g, ond tndion Stomps Act, 1899" lt is also open to the Registering A.uthority to refuse to register the subject document, by specificolly ossigning the reasons in terms of Section 71 of the Act, 190g ond communicote the said decision to the petitioner.

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Needless, to state thdt respondent Authorities sholt scrupulously t'ollow.the directions and shalt not futthei reler Lo the Lr.No.E5/2825/2021 doted t0.06.2O2tond similor letter doted 29.09.2021 os s reason far relusai of reqistration upd Registering Authorities sho veii.fy the some before denyinq the registering on the simitar ground yvhich hos olreod,l been oddressed in this writ petition. lt is made cleor thot mere registrotion of the document does not confer titte on lhe subject property and it is olso made clear thot this order would not hove any bearing on all thase motters where title/rights of the porties ore pending before the authorities either in revision/ oppeals for odjudicotion and in any other cose this order olso does not preclude the porties in asserting their rights before o competent Court of low.

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observotions.". 15: Accordingly, writ petition is allowed with the obove

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Learned counsel for the^petitioner further submitted that in the present writ petition this Court, while^granting interim order dated 08.02.2023, had directed the Registering^authorities to^{register the} subject documents. Subsequentty, in^pursuance of^{said interimorder,} the Registering authorities have registered the^{subjectdocumentsand} pray thii Court to dispose of the present writ^petition in terms of the order passed by this Court in W.P.No.161O9^{of 7024, dated19.07.7024.}

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Learned Assistant Government Pteader^{appearing for respondents} does not dispute the same.

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Recording, the aboye sutrmission^made by^{learned counsel on} either side and the fact thbt^{Lr.No.E5/2825/2021,dated10.06.202'l} and 29.09.2021 has atready been^{set aside by this Courtin} W.P.No.'16109 of 2024, dated^{19.07.2024, accordingty,this writ} petition is atlowed in terms of the order^passed in^{W.P.No.16'109 of} 2024, dated 19.07.2024.

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However, it is made clear that^{mere registration of the} document does not confer any titte^{on the subject propertyand this} order woutd not have any bearing on^{alt those matters where} titte/rights of the^{parties are pendingbefore the authoritieseitherin} revision/appeats for adjudication and^{in any other case this order atso}

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would not preclude the parties in asserting their rights before the

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competent Court of [aw.

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Accordingly, this writ petition is attowed. There shatt be no order as to costs. As a sequel, miscellaneous applications pending, if any, sha[[ stand ctosed.

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SDA T. TIRUMALA OEVI ASSISTANT REGISTRAR

//TRUE COPY//

'J'/ SECTION OFFICER

To,

1 The Principal Secretary, Department of Revenue, stamps and registration, SATG^T.S. Secretariat. Hyderabad.

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2 The Commissroner and lnspector General Registrations and stamps, Government of Telangana.

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3 The Distract Collector, Ranga Reddy District.

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4 The Dislrict Registrar, Registration and Stamps, Ranga Reddy District, Hyderabad.

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5 The Sub-registrar, Regiskar Office, Serilingampally, Ranga Reddy District. 6 One CC to Sri Eslavath Raju Advocate [OPUC] 7 Two CCs to GP For Stamps And Registration ,High Court for the State of Telangana. IOUT]

B Two CD Copies

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HIGH COURT

DATED: 1410812024

ORDER

WP.No.3549 of 2023