Disposed

Smt. Burugu Kamalamma, v. The state of Telangana

Telangana HC17 Oct 2025WP/31511/2025

Case brief

AI extract

What is this about?

Petitioners challenged refusal to register their simple mortgage deed over Secunderabad property on the ground of prohibitory registration under G.O.Ms.No.609 (2004). Following an earlier similar order, the court directed deletion of the property from the prohibitory list and permitted transactions in accordance with law, without costs.

What did the court decide?

Respondents directed to delete subject property from prohibitory properties list and permit transactions in accordance with law; no costs.

Smt. Burugu Kamalamma, Vs The state of Telangana — Property and Title | Telangana HC (2025)

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[³³⁰² ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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(Special Original Jurisdiction)

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FRIDAY,THE SEVENTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE K. SARATH

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WRIT PETITION NO: 31511 OF 2025

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Between:

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Smt. BURUGU KAMALAMMA, Wo. LATE BURUGU KANAKAIAH, aged about 85 Years, Occ. Housewife, Resident of H.No.10-5-513, Sai Nagar, Thukaram Gate, North Lallaguda, Secunderabad-500017.

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Sri BURUGU RANGAIAH, S/o. LATE BURUGU KANAKAIAH, aged about 71 Years, Occupation. Retired, Resident of H.No.7- 13111/24, Puppalaguda, Alkapur, Rajendra Nagar, Hyderabad- 500089.

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Sri BURUGU RAJESHWAR RAO, S/o. LATE BURUGU KANAKAIAH, aged about 58 Years, Occupation. Service, Resident of H.No.7- 53, Mahendra Basthi, Devapur, Adilabad, Telangana-504218.

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Sri BURUGU CHANDRA SEKHAR, S/O. LATE BURUGU KANAKAIAH, aged about 55 Years, Occupation. Service, Resident of H.No.10- 5-513, Sai Nagar, Thukaram Gate, North Lallaguda, Secunderabad- 500017.

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Smt. D. PAVANI, W/o. Sri DASARI VIJAY KUNIAR, aged about 48 Years, Occupation. Housewife, Resident of H.No.10-5-513, Sai Nagar, Thukaram Gate, North Lallaguda, Secunderabad-500017.

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.,.PETITIONERS

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AND

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The state of Telangana, Represented by its Principal Secretary, Stamps and Registration Department, Secretariat, Hyderabad.

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The District Registrar, Hyderabad District, Telangana.

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The Sub-Registrar, Marredpally, Secunderabad, Telangana.

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...RESPONDENTS

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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 a writ, order or direction more particularly one in the nature of Writ of Mandamus To issue an appropriate writ or order or direction more particularly one in the nature of WRIT OF MANDAMUS to declare the action of the 3rd Respondent in not receiving registering and releasing the Deed of Simple Ivlortgage( Without Possession) presented by the Petitioners in respect of Residential Premises bearing H.No.^'10-5-513, (PTl No. 1181012526), on Plot bearing No.46/A, in Survey Nos.B44l4 and 844113, land admeasuring 266.66 Sq.

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Yds., or 222.92 Sq.Mtrs., situated at Thukaram Gate, North Lalaguda, Secunderabad, under the guise of G O Ms No 609 dated^'18 08 2004 as highly illegal arbitrary violation of principles of natural^justice contrary to the provisions of Registration Act as also violative of provisions of Articles 21 and 3004 of the Constitution of lndia and quash or set aside the same with a consequential direction to the 3rC Respondent to register and release the' Deed of Simple Mortgage( Without Possession) presented by the Petitioners in respect of the aforesaid property without reference to G O Ms No 609 dated 18 0B 2004 published in Andhra Pradesh Gazette Notification No 349 dated 30 0B 2004

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lA NO: 1 OF 2025

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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^pass interim directions o'r the Respondent No- 3 to receive, release and register Document Deed of Simple Mortgage( Without Possession ) presented by the Petitioners in respect of Residential Premises bearing H.No. 10-5-5'13, (PTl No. 1181012526), on Plot bearing No.46iA, in Survey Nos.844/4 and 844/13, land admeasuring 266.66 Sq 7(ds., or 222.92 Sq.Mtrs., situated at Thukaram Gate, North Lalaguda, Secunderabad

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Counsel for the Petitioners: M/S LAW FIRM ADVOCATES AND ASSOCIATES

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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 K.SARATH

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WRIT PETITION No.31511of 2025

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ORDER:

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Heard learned counsel for the petitioners and iearned Assistant Government Pleader lor Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage ol admission.

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c Learned counsel for the petitioners submits that this writ pctition is filed questioning the action of the Respondent No.3 in not receiving, registering and releasing the Deed of Simple Mortgage (without possession) presented by the petitioners in respect of Residential Premises bearing H.No. 10-5-513, (Pfl No.1181012526), Ptot No.46lA, ln Survey Nos.844l4 & 844 /13 land admeasuring 266.66 Sq. Yards, (or 222.92 Sq.Mtrs.,) situated at Thukaram Gate, North Lallaguda, Secunderabad undcr the guise of G.O.Ms.No.6O9, Rcvenue (Registration I) Department, dated 18.08.2004.

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3 Lcarned counsel for the petitioners lurther submits that in similar circumstances, this Court allowed the W.P.No.l2928 of 2023 on 28.04.2023 and requested to pass similirr order in this writ petition also.

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On tlre other hand, thc learned Assistant Government Pleader for Stamps and Registration submits that withcut approaching the registering authorities, the petitioners have appr,:ached this Court and fileci tl-rc instant writ petition. Il the petitioners present the s:rme before the Registering authority, the respondents r.r,ill receive the sarne. The learned Assistant Government Pleader for Stamps anrl Registration is not disputing rhe submission made by thr: learned counsel for the petitioners with regard to disposal of W.P.No. 12929 of 2023 and reqtrested to pass approprlate orders as per law

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In view of the above made submissions by both s and for the reasons alike in the order in o.1292.8 of 2023 dated 28.04.2023 this writ petition posed of by directing the respondents to forthwith

delete the subject property from the iist of prohibitory properties and permit the petitioners to make transactions in respect ol the subject property in accordance with law. There shall be no order as to costs.

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

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Registry is directed to annex copy of the order in w.P.No.12928 of 2023 datcd 28.04.2023.

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SD/- B.REKHA ISTANT RE

//TRUE COPY//

\ \

To,

TION OFFICER

The Principal Secretary, Stamps and Registratio partment, Secretariat, T.S.,Hyderabad.

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The District Registrar, Hyderabad District, Telangan a.

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The Sub-Registrar, [/arredpally, Secunderabad, Tel angana

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One CC to MS LAW FIRM ADVOCATES AND ASSOCIATES, Advocate loPUCl

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Two CCs to GP FOR STAMPS AND REGISTRATION,High Court for the State of Telangana at Hyderabad [OUT]

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Two CD Copies

HIGH COURT

SK,J

DATED:1711012025

ORDER

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WP.No.31511 of 2025

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DISPOSING OF THE WRIT PETITION WITHOUT COSTS

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Smt. Burugu Kamalamma, v. The state of Telangana

Case brief

What is this about?

What did the court decide?

Smt. Burugu Kamalamma, v. The state of Telangana

Case brief

What is this about?

What did the court decide?

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