Allowed

Smt. Visakha Patil v. The State of Telangana

Telangana HC6 Feb 2025WP/3327/2025

Case brief

AI extract

What is this about?

Writ petition against a sub-registrar's refusal to register a sale deed for Plot No. 34 in Gopanpally Village on the ground that the survey number appeared in a prohibited properties list. Since the underlying notification had already been set aside in an earlier writ petition, this Court set aside the refusal order and directed registration.

What did the court decide?

Refusal order No.37 of 2022 dated 13.07.2022 set aside; Registering Authority directed to receive, register and release the pending sale deed subject to the Registration Act, 1908 and Stamps Act, 1899

Smt. Visakha Patil Vs The State of Telangana — Property and Title | Telangana HC (2025)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT^HYDERABAD (Special Original Jurisdiction)

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THURSDAY, THE SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N.V.SHRAVAN^KUMAR

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WRIT PETITION NO: 3327 OF 2025

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Between:

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Smt. Visakha Patil, W/o. Rajesh Patil, Aged about^{53 years,Fl/o. H.No.10-3-29111G} Vikas Nagar Colony, Asif Nagar, Hyderabad.

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...PETITIONER

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AND

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1 The State of Telangana, Rep. by its Principal^{Secretary Revenue} (Registrations and Stamps) Secretariat, Hyderabad.

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2 The District Collector, Ranga Reddy^{District, KongaraKalan Village,} Ibrahimpatnam Mandal, Telangana^- 501^510.

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The District Registrar, Ranga Reddy^{District, Prashanthi Nagar,IDA} Kukatpally, Hyderabad^{- 5OO} 072.

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The Sub-Registrar, Serilingampally,^{1-60!301761134,.1-60130177134'4qelq!} Nagrar, Gachibowli, Hyderbbad, Ranga^{Reddy District, Telangana - 500081.}

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...RESPONDENTS

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Petition under Article 226 of lhe Constitution^{of lndiaprayingthat 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 tVlandamus declaring the action^{of the respondents, more particularly that} of the respondent Nos.4 in^{passing the refusal order bearing No.37 of 2022'} dated 13to7 t2022, whereby and^{whereunderthe respondent No-4 has refusedto} register the subject^plot being^{coveredby the allegednotificationbearing} No.E5t2825t2O1^.1 dated 1010612021^{issued by the respondent No.2 in respectof} pending Documents bearing No. P-12912022,^{dated 0810712022, executed in} favour of the^petitioner by^{M/s. Magna lnfra Developers, in respect of the} petitioner's Plot No. 34, admeasuring 300^{Sq.yards,or 251 Sq'meters,in Sy No'} 36/8, in Phase^{- ll, situated at VinayakNagar(HAL), Mutually Aided co-operative}

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Housing Society Ltd., Gopanpally Village, Serilingampally l\rladndal, under GHMC serilingapally circre, Ranga Reddy District, is chaflenged in this writ petition as being arbitrary, illegal and viotative of Articles 14, i 9 (d), 2j and 300_4 of Constitution of lndia and consequenfly set aside the impugrred Notification bearing No.E5l282sr2o'r1 dated 10.06.2021 issued by the resporrdent No.2 and direct the respondent No.3 and 4 to receive the sare deeds pr,3sented by the petitioner bearing pending Document Nos . p-12gr2022, dated oB/07t2022, without reference to the impugned proceedings of the respondent No.2 dated 1oro6t2o21 vide Notification No. ES|2B2S|2O1 1.

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IANO: 1O F 2025

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Petition under section 151 cpc praying that in the circumstilnces stated in the affidavit filed in support of the petition, the High court may be preased to direct the respondent No.4 to receive, process and register the sare deeds bearing pending document No. p-1291.2022, dated o}lo7l2o22, in respect of the petitioners Plot No. 34, admeasuring 300 Sq.yards, or 25.1 Sq.meters, in Sy.No. 36/8' in Phase - ll, situated at Vinayak Nagar (HAL), Mutuaily Aideri co-operative Housing Society Ltd., Gopanpally Village, Serilingampaily Madndal under GHMC Serilingapally Circle, Ranga Reddy District.

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Counsel for the^petitioner : SRI SRIKANTH SUTARI

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counsel for the Respondents: ASST.GP FoR srAMps AND REGlsrRATloN The Court made the following: ORDER

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THE HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR

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WIUT PETITION No.3327 of 2025

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ORDER

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Heard learned counsel for the petitioner and Learned Assistant Government Pleader for Stamps and Registra tion appearing^for respondent Nos.1 to 4. With the consent of the parties, the writ Petition^is being taken up for disposal

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This writ petition is filed seeking the following prayer:-

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"to declare the action of the respondents more pnrticularly that of the respondent Nos.4 in passing the refusal order bearing No.37 of²⁰²² dated 13/07/2022 zohereby nnd u,here under the respondent No 4^has relused to register the subject plot being cooered by the^alleged notifrcntion bearing No E5/2825/201.1 dated^{10/06[2021 issuedby the} responclent No.2 in respcct ol pending Documents bearing No^P- 1292022 dated 08/072022 executed in faaour of the petitioner^{by lvl,/s} Magna lnt'ra Deaelopers in respect of the petitioners PLot^No34 admeanrring 300 Sq yartls or 251 Sq meters in Sy No 36/8 in^Phase II situnted nt Vinayak Nagar^(HAL) Mutually Airied Cooperatioe Housing Society Ltd., Gopanpally Village Seilingampally Madndnl under GHMC Serilingnpally Circle Rangt Reddy District is^challenged in this utrit petition as being arbitrary illegal arul ttiolatioe of Articles'L4 19^(d) 21 and 300A of Constitution of lrulia and consequently^{set aside} the impugned Notification beaing No E528252011^{dated -10.06.202-l} issued by the respondent No 2 nnd direct the respondent^{Nos.3 and} 4^to receirte the sale deeds presented by the petitioner bearing^pending Document Nos.P-129,O.022, dated 08/07/2.022 toithout^{referenceto the} impugned proceedings of the respondent No.2 dated 10/062021^aidt N otifcation N o E5/2 825/201 1."

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Today when the matter has been taken up for hearing,^Iearned counsel for the petitioner submits that in the refusal order^{dated 13.07.2024} it has been mentioned that as per the prohibited properties list of this

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office, the sairl Sy.No.36 of Gopanpally Village is p-,r.6i.,i6i,"0 as per the list communicated under Section 22A1 (b) by the collect.r & Magistrate, Ranga Redd1, District, vide Lefter No.Es/2825/2011, date:1 t0.06.2027. He further submits that the said the I-etter No.ES/ 2Bz5 / 2011, dated 10.06.2021 was set-aside as per the orders f,assecl by this Court in W.p.No.16109 of 2024 dated 79.07 .2024, relevant paragr.aphs are extlarcted Irr:reunder:_

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"13. As such, the letter dated 10.06.2021 in Lr.No.E5,2g25/2021 and the similar letter dated 29.09.2021 in which re.ference ql' ,etter dated 10.06.20r1 was made, are only letters submitted fiy Districr Collector, Ranga Rr:ddy District to Disrrict Registrar, Resistrotion & ,gtamps Departnent. Ranga Reddy Distrit.t for tuking furtlttr ncce,,\ary action and that ::anrutt be the basis for refusal Jbr regisrr.otion of ,he subject properD). It is also pertinent to ttorc lhat subsiqur.ntl;,, no notificitiotz vas issued by respondent authorities with respect to the li,;t of lands mentionecl in the letter dated 10.06.2022. In yietr of the some. letter Juttd 1 U.06.2U2 I in Lr.No. tt5 )525/20) t tnd rhe .sittilar I ,rrcr date d 29.09.2021 submitted by District Collector, Ranga Rettdl, District to Districl Registrar, Registration & Stamps Departntent, Rango Reddy Districl a,e not in consononce to the provisions of Section ,2_A of the Act and )2(A)(1)(e) and Clause (vi) of the gttidclines and the same connot be referred for the purpo.re of dcnying t.egi.\trution of :he subject properties. Consequently, reference madc vidc Lr.llto.E5t.lg25/2021. datetl l(1.06.2021 and similar tetter dated 29.09.2021 arc per se illepial, arbitrarlt and bad in law and are hereby set osi(le ani wt.it petition slLtnds allota,ed. Registering Authorities are direcletl to recei,e, register and release the sale deed presented by the petitio er in res7ect of the subiect properly, subject to the petitioner complying yith thc pr<tvisions of the Indian Registration Act, 1908, and Indian Stuntps Act, lggg. h is also open to lhe Registering Authority to refu.te to register the subject document, by specifically assigning the reasons in terrns of Settion 71 of the Act, 1908 and communicate lhe said decision to lhe petitioner

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Needless, to state that respondent Authortiies shall scrupulou::ly follow the directions and shall nol littther rtfer to the I-r. No. E5/.]82 5/202 1 dated l0 06.2021aruL similar lenitr clated 29.(19.202,t as a reason for refusal of registration arul ltegistering Authorities shall verify the same before denying thc registerng on thi siniltu grrrund which has already been addressed in this y,rit Detition. It is made clLtar that mere registration of the document does not r.onfer title on the subiecl property and it is also made clear tlrut this or,ler vtould not hdve any bearing on all those matters where title,,rights of ,Irc parties are pending before the authorities either in ret ision/apoeals for

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adjuclication and in any other^{casethis orderalso does not preclude the} parties in asserting their^{rightsbeforea competentCourt of law.} 15. Accordingly, v)rit^petition is^{allowed with the above} observations."

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Learned counsel for the^{petitionerfurther pray this Court to pass} similar orders^as Passed^{in W.P.No.16109 of 2024 dated79'07 '2024'}

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Learned Assistant Government^{Pleader appearingfor respondents} have placed instructions^{submittedby sub-Registrar,serilingampalli} before this Court and^{would submit that the refusal 0rderwas issued} prior to the orders^{passedby this Hon ble Court vide W'P'No16109of} 2024 and, currently,^{they are registeringthe documents in said survey} numbers based on^{the common orders passedby this Hon'ble Court in} w.P.No.16109 of 2024.^{The said written instructions are placed on record.}

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Recording the submissions^{made bythe learnedcounsel} appearing on either side^{and in termsof order passed by this Court in} W.P.No.16109 of 2024^{dated' 79.07.2024, this writ petition is allowedby} setting aside the^{refusalorder No.37ol 2022dated 13 07'2022,and the} Registering Authority^{is directedto receive, register and release the} subject document^{presentedby the petitioner in IesPect of the subiect} property, subject to the^{petitioner complyingwith the} Provisions^{of the} Indian Regishation^{Act,1908,and Indian Stamps Act, 1899' It is made} clear that if the said^{document cannot be registeredfor any other}

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reasons/ the Iregistering Authority sharl record a,d cornmunicate the same io the pt''titioner. It is arso made clear that mere reg ish.ation of the document docs not confer title on the subject property itnci this order would not have any bearing on all those ma tters r^",here titl_./rights of the parties are pr:nding before the authorities either. in revision/ appears for adjudication and in any other case this order also cloes not preclude the parties ir asserting their rights before a competent Court ol law.

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