Disposed

Mrs. Gopey Mary Ratnam v. The State of Telangana

Telangana HC19 Aug 2025WP/24315/2025

Case brief

AI extract

What is this about?

A writ petition over refusal to register a sale deed for plots in Sy.No.44/5(A), Maktha Mahabubpet village, Serilingampally Mandal. The court disposed of it directing registration without reference to the Collector's letter or the refusal order, subject to compliance with the Registration and Stamps Acts.

What did the court decide?

Sale deed to be received, registered and released by respondent No.5 without reference to the letter dated 03.10.2024 or Refusal Order No.196 of 2025, subject to statutory provisions.

Mrs. Gopey Mary Ratnam Vs The State of Telangana — Landlord and Tenant | Telangana HC (2025)

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[³³⁰²¹

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HIGH COURT FOR THE^{STATE OF TELANGANAAT HYDERABAD} (SPecial Original Jurisdiction)

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TUESDAY, THE NINETEENTH^{DAY OF AUGUST} TWO THOUSAND AND TWENTY^FIVE

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PRESENT

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THE HONOURABLE^{SRIJUSTICE K. SARATH}

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WRIT PETITION NO^{:24315OF 2025}

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Between:

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Mrs.GooevMarvRatnam,WoG.Joseph,aged6gyears'Occ'Housewife'R/o H.rlb.s-d-i'ot2o7,' Maitri^{Nagar, Metro Back Side,Kukatpally, Hvderabad'}

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...PETITIONER

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AND

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The State of Telangana,^{rep. By its Secretary' Revenue Department,} Secretariat, Hyderabad.

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The Commissioner^{and lnspector General of Registration and Stamps'} Telangana, HYderabad.

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The District Collector,^{Ranga Reddy District}

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The District Registrar,^{Ranga Reddy Distrtct}

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The Joint Sub-Registrar-ll,^{RO.(OB) RangaReddv District'}

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...RESPONDENTS

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Petition under Article^{226 ot lhe constitutionof lndia praying that in the} circumstances stated in^{the affidavitfiled therewith,the High court may be} pleased to issue a Writ, order or^{Direction more particularlyone in the nature of} writ of Mandamus declaring^{the Refusalorder No 196 of 2025 dt.13-06-2025} refusing to receive, register^{and release the sale Deed bearing P.No.386/2025} relating to the House^{Plot No.57and 58, admeasuring322 sq' yards' in} Sy.No.44l5/A, situated at^{MakthaMahabubpetvillage, serilingampallyMandal} Letter under GHMC Serilingampally^{Crrcle' R R District andthe} Lr.No.E113387/2024^{dt.03-10-2024issued by the 3rd respondent} without establishingtitletothelandS,aShighlyillegal'contrarytolawandSetaSidethe Lr.No.E1l3387t2024 dl.o3-10-2024^{and the refusalorderNo.19601 2025d1.13-} 06-2025 and consequently^{direct the 5th respondent to receive, registerand}

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release the Sale Deed bearing P.No.386/2025 relating to lre House Plot No 57 and 58, admeasuring 322 sq. yards, in Sy.No.44l5/A, situated at Maktha Mahabubpet village, Serilingampally Mandal under GHMC f erilingampally Circle, R.R.District.

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lA NO: 1 OF 2025

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Petition under Section 151 CPC praying that in the cir lumstances stated in the affidavit filed in support of the petition, the High Cour may be pleased to direct the sth respondent to receive, register and release lt e Sale Deed bearing P.No.386/2025 relating to the House Plot No.57 and 58, rdmeasurrng 322 sq. yards, in Sy.No.44l5iA, situated at Maktha Mahabubpet ri age, Seritingampaily Mandal under GHMC Serilingampally Circle, R:R.District wit lout reference to the Letter No.E1l338712024 dt.03-10-2024 issued by the 3r<t respondent and the Refusal Order No.196 of 2025 dt.13-06-2025 issued b,l the sth respondent pending disposal of the writ petition.

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Counsel for the Petitioner : SRI N.M.KRISHNA]AH

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Counsel for the Respondents: SMT.S.SRAVANTHI, . ASST.GP FOR STAMPS AND REGII TRATION

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE K.SARATH

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WRIT PDf,ITION No.24315 of 20.25

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ORDER:

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Heard Sri N.M.IGishnaiah, Icarned Counsel for the petitioner and Smt S.Sravanthi, le arncd Assistant Government Pleader for Stamps and Registration appearing for the respondents. Wift their consent, this writ petition is disposed of at the stage of admission itself

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The learned Counsel for the pctitioncr has submitted that on earlier occasion, this Court^passed order in W.P.No.3309O of 2023 dated 06.12.2023 and directed the respondent authorities therein to rcgistcr thc documents presented /pending before the respondcnt authorities with regard to the sarne survey number without relerence to the Noti{ication dated 26.09.2013. The subjecl land in the present writ petition also pertains to the sarne survey number and also similar lctter issucd by thc respondent No.3 in Lr.No.El/3387 12024, datcd 03 1O.2024. In view of the same, the respondent No.5 issucd impugned^Refusal Order No. i96 of 2025, daLed 13.06.2025

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SK'J W.I', Yo.24315 of 2O25

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Learned counsel for the petitioner I rrther submits that there is a chequered history of Sy.h*r .44 situated at Maktha Mahabubpet Village, Serilinga:: Lpaliy Mandal, Ranga Reddy District. With regard to the entries of Sy.No.44 in revcnuc r{:cords, the orders par;;ed by the Chief Commissioner of Land Administrat on in File No.P3/a56l20 13, dated 29.O5.2O14 was r;:t aside by this Court earlier in W.P.No.23574 of 2014, drted 17.0t.2017 and granted liberty to the authorities to tzJ.e action as per the orcler passed by the Joint Collector irL El/7306 11999 on 19.01.2O13 and thc Joint Collector in^-iis ordr:r datccl 19.O1,2O13 dirccted the Deputy Collecto.- and Tahsildar, Serilingampally Mandal, Ranga Reddy Di:;.rict to examine the records in respet:t of the subject lands and if he found any labricated material produced relati.:3 to fraud lor issuance of supplementar5r sethwar anc for obtaining correction o[ revenue records, frle compreh,nsive Civil Suit for declaration o[ title and for recovery c i possession in favour of^(]overnment in accordance with la r,. Aggricved by the orders in W.P.No.23574 of 2014, datec \7.O1.2O 17, the

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SK'J W.P.No.24315 of 2025

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respondent authorities have liled W.A.No. 1499^{of 20 18 and} the same was dismissed by the Division Bench of this^Court on 25.11.2024. In spite of that the respondents^again showing the suit schedule^property in the^{prohibited list} and the same is contrary to the orders^{of this Court}

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Learned counsel for the^{petitioner further submits} that this Court passed orders in^{W.P.No.33O9Oof 2023'} dated 06. 12.2023 and directed^{lhe registering authorities to} register the lands without reference^{to the Notilication} dated 26.09.2013. The^{subjectland in the present writ} pe tition a-tso pertains to same^{survey numberand the} respondent No.3 in Lr.No.E1l3387 /2024,^{dated 03.lO.2024} belore the dismissal of^{W'A.No. 1499 ol20 18, dated} 25.11.2024. Basing on the^{letter dated O3-1O.2021 issued} by the respondent No.3, the^{respondentNo.5issued} impugned Refusal Order^{No. 196} 12025,^{dated13.06.2025} and the same has to be liable to^{be set aside.}

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On the other hand, learned^{Assistant Government} Pleadcr for Stamps and Registration^{not disputing the}

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u.p.No.243ts "r#i disposal of the W.p.No.3309O of 2O23t dated 06. 12.2023 and also the orders in W.p.No.235?. of 2074, dated 77.O7.2017 and W.A.No.1499 of 2018 dated 25.11.2024 arld requested to pass appropriate orders;

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Recording the above submission nade by learned counsel on either side and without exprr-, rsing any opinion on the mcrits of the case, this writ petiti tn is disposed of directing the Registcring AuthoritSz to rer:,.ive, register and release thc su b.j<:ct documcnt presented I y the petitioner, without relerence to the letter dated 03. 1( .2o24issued by the respondent No.3 and without referencr. to the impugned Refusal Order No. 196 of 2025, dated l3.Oa.zL2lissued by the rcspondcnt No.S, subjcct to the petir oner complying with the provisions oI thc Incliarr Registratio r Act, 19Og and Indian Stamps Act, 1g99. It is also open to the Registering Authority Lo refuse to register the docum,: tt if any other objection and communicatc the said ct cision to the petitioncr.

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SK,J SI.P.No.24315 of 2025

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It is also made clear that this order does not preclude the Government/District Collector to take appropriate steps as warranted by law and to assert its title. If any proceedings/ suit/ appeal pending between the executants of the document/government or any other interested party, the regis[ration of the document will be subject to the result of that proceedings/ suit/ appeal.

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