Avusherla Venu Gopal Vs State of Telangana

Petition under Article 226 oI 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 Writ, Order or direction, more particularly one in the nature of Writ of Mandamus, declaring the Order dated 19/03/2022 passed in Appeal No.0712022 by the 3rd Respondent, confirming the Refusal Order No.24121 , dated 3111212021 passed by the 4th Respondent, in refusing to register the Sale Deed dated 2911212021 In respect of the House Plot bearing No.1197 in Survey Nos.34B to 351,352 (P),357 (P) and 358 (P) admeasuring 100 Square Yards or 83.6 Square Meters situated at Asbestos Hills, Kukatpally Village and Mandal, Medchal-Malkajgiri District, as illegal, arbitrary, unjust, against the settled principles of law, against the provisions of the Registration Act, 1908, against the Circulars and Memos issued by the 2nd Respondent from time to time, violative of principles of natural^justice, and violative of Articles 14,

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21 and 300-4 of the constitution of lndia, and consequenfly set aside the same, and direct the Respondent Registering Authorities to register the sale Deed dated 29112t2021 presented by the^petitioner.

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lA NO: 1 OF 2022

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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 Registering Authorities'to register the sale Deed dated 2911212021 in respect of the House Plot bearing No.1 197 in survey Nos.34B to 351 .352 (P), 357 (P) and 358 (P) admeasuring 100 Square yards or 83.6 square Meters situated at Asbestos Hills. Kukatpally Village and Mandal, Medchal-Malkajgiri District, pending disposal of the above Writ petition.

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Counsel for the Petitioner: SRI K.GOVERDHAN REDDy

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Counsel for the Respondents: AGP FOR STAMPS & REGISTRATION

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The Court made the following: ORDER

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Page 1 of 3 sK,I

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THE IIONOI.IRABLE SRI JUSTICE K.SARATH WRIT PETITION No.16406 OF 2022

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ORDER:

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l. Heard learned counsel Ibr the petitioner and learned Assistant Government Pleader for Stamps & Registration, appearing for the rcspondents. With^the their consent, this writ petition IS bcing taken up lor disposal at the admissior-i stage itself.

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2 Learrted counsel for tl-re petitioner submits^{that the} issue involved in this writ petition is squarely covered^by the order passed by this Court in W.P.No.33O3 of²⁰²⁵ dateci 06.O2.2025 and requested to pass sirnilar order in this writ petition.

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Learned Government Plcacler for Stamps and Registration has not disputed the submission made^by the learned counsel for the petitioner with regard to the disposal of the W.P.No.33O3 o{ 2025 dated 06.02.2025 and requested to pass appropriate orders.

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Page 2 of 3 SRJ

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In view of the order passed rn W.P.No.3303 of 2025 dated 06.02.2o25 and for the reasolr s mentioned therein, this writ petition is disposed of, setting aside the refusal order No.15O7l2 O2l ol p_4^3/2(127/ Refusal Order Nc..24/21, dated 37.12.2()21. The petitioner is at liberty to approach respondent No.4 with the subject document within a period of two (2) weeks from the date of receipt of copy of this order and thereaft"., ...pondent No.4 is directecl to consider the petitionr:r,s case and shall pass orders by following the circular instructions issued by the C<>mmissionerand Inspecl or General of Registration and Stamps, Telangana, Hyderabad uicie Circular Memo No.G3/9 122 /2024, dated 12.Og.2O24 and strictly ln accordance with law, AS expeditiously zts possible, preferably, within a period of two (2) weeks, subject to the petitioner complyir-rg with the provisions of the Indian Registration Act, 19O8, and Indian Stamps Act, 1899. It is also open to the Registering Authority to refuse to register the subject document, by specifically asslgnrng the reasons in terms of Section 71 of the

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Pqge 3 of3 SR,I

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Act, 19O8 and communicate the said decision to the petitioner.

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It is made clear that mere registration, of the document does not confer title on the subject property and it is also made clear that this order would not have any bearing all those matters where title/rights of the parties are pending before the authorities either in revision/appeals for adjudication and in any other case this order also.does not preclude the parties in asserting their rights before a competent Court of law.

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6' Accordingly, the writ petitio, is disposed of. No order as to costs. 7 Registry is directed to annex copy of the order in W.P.No.33O3 of 2025 dated 06.02.2Cl25 along with rhis order.

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Miscellaneous petitions, if any, pending in this writ petition, shall stand closed.

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SD/ T. TIRUMALA^DEVI D PUTY REGISTRAR //TRUE COPY// ECTION OFFICER

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To, 1. The Principal Secretary,^{Stampsand Registratio} epartment, Secretariat Buildings, Hyderabad, State of Telangana. 2. The Commissioner^{and lnspector General,Stamps and Registration'} - Department, State ofTelangana, Jam Bagh, Hyderabad'

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1

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3 The District Registrar, Medchal-Malkajgiri District. 4 The Sub-Registrar, Kukatpaily, Medchal_Malkajgiri District. 5. One CC to SRI K.GOVERDHAN REDDY, Advocate tOpUCl 6. llf"3ff"f.",if;S,.iHYS8rf^{=o,.troN,Hish court} ror the state 7. Two CD Copies

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