V. Gopala Krishna Vs The State of Telangana

Petition under Article 226 of the Constiturtion 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 declaring the Refusal Order No.387 of 2f,25 dt.1549-2025 refusing to receive, register and release the Sale Deed bearing P.No.589/2025 relating to the House Plot No.209, admeasuring 266.66 sq. yards, along with proposed built up area of 10925 sft, forming part of Layout in File No.1284IMP2|HUDN91, in sy.No.44 (sub-Division l,los.44l311, M2 and 44ts), situated at Maktha Mahabubpet village, Serilingampally Mandal under GHMC

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Serilingarnpally Circle,^{R.R.Districtand the Letter Lr.No.E1133871202:4dt.03-10-} 2024 issured by the 3rd respondent^{without establishing title to the lands, as highly} itlegal, ccrntrary to law and^{set asidethe Lr.No.E1l33S7nO24dt.03-10'2024 and} the refus;al order No.387 of^{2025 dt.15-09-2025and consequentlydirect the 5th} respondent to receive, register^{and release the Sale Deed bearing P.No.5&9/2025'} relating to the House Plot^{No.209, admeasuring 266.66sq. yards, alongwith} proposed built up area of 10925 sft, forming^part of Lay-out in^File No.1284|MP2IHUDN91, in Sy.No.44^{(Sub-DivisionNos.44l3/1,4412 and 44151,} sitr.rated at Maktha Mahabubpet^{village, Serilingampally Mandalunder GHMC} Serilingarnpally Circle, R.R.District.

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lA NO: I OF 2025

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Petition under Section 151 CPC^{praying that in the circumstances statedin} the affidervit filed in support of the^{petition, the High Court maybe pleased to} direct the Sth respondent to receive,^{registerand releasethe Sale Deed bearing} P.No.589/2025 relating to the House^{Plot No.209, admeasuring 266.66 sq. yards,} along with^proposed built up area of^{10925 sft, forming part of Lay-out in File} No.1284|MP2/HUDAI91, in Sy.No.44^{(Sub-DivisionNos.44l3/1} ,^{4412 and 4415),} situated^rat Maktha Mahabubpet village,^{Serilingampally Mandalunder GHMC} Serilingampally Circle, R.R. District^{without reference} to^{the Letter} No.E1l3387t2O24 dt.O3-10-2024 issued by the^{3rd respondent and the Refusal} Order No.387 of 2025 dt.15-09-2025 issued^{by the Sth respondentpending} disposal of the writ^petition.

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Gounsel for the Petitioner: SRt N.M.KRISHNAIAH

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Gounsel forthe Respondents: Smt.S.SRAVANTHI,^{AGP FOR STAMPS AND} REGISTRATION

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The Gourt madg the following: ORDER

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THE HONOURABLE SRI JUSTICE K.SARATH

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WRIT PE"IITION No.3336O of 2025

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Heard Sri N.M.Krishnaiah, learned Counsel for the petitioner and Smt S. Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the material on record. With their consent, this writ petition is disposed of at the stage of admission itself.

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The learned Counsel for the petitioner has submitted that on earlier occasion, this Court passed order in W.P.No.33O90 of 2023 dated 06.12.2023 and directed the respondent authorities to register the documents presented /pending^{beforethe respondent authorities with regardto} tJ'e same survey number without reference to^' the Notification dated 26.O9.2OL3. The subject land in tJ:e present writ petition also pertains to the same survey number and also similar letter issued by the respondent

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No.3 in Lr. No .El / 3387 I 2024 , dated 03. 1O.2O24. In view of the s€une, the respondent No.S issueci impugned Refusal --'''

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sK,J W.P.[o.3336O of 2(,25

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Order t{o.387 of 2025, dated 15.09.2025^{and the same is} arbitrary and illegal.

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Learned counsel for the^{petitionerfurther submits} that there is a chequered history^{of Sy.No.44 situated at} Makttra Mahabubpet Village, Serilingampally^Mandal, Ranga Reddy District. With regard to^{the entries of} Sy.No.44 in revenue records, the^{orders passed by the Chief} File Commi,ssioner. of Land Administrationⁱⁿ No.P3/,+56/2013, dated 29.05.2014^{was set aside by this} Court t:arlier in W.P.No.23574 of 2014,^{dated 17.OL-2OL7} and gremted liberty to the authorities^{to take action as per} the order passed by the Joint^{Collector in EL/73O611999} on 19.01.2013 and the Joint Collector in^{his order dated} 19.01.21013 directed the Deputy Collector^{and Tahsildar,} Serilin6;ampally Mandal, Ranga Reddy^{District to examine} the reccrds in respect of the subject^{lands and if he found} any fabricated material^{produced relating to fraud for} issuar,rce of supplementary sethwar^{and for obtaining} correctLon of revenue records, file comprehensive^{Civil Suit} for declaration of title and for recovery of^possession in

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SKr., W;P.No.3336O ot2ol25

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the orders in W.P.No.23574 of 2014, dated 1'7.OL.2OL7, the respondent authorities have filed W.A.No. L499 of 2018 and the same was dismissed by the Division Bench of this Court on 25.LL.2O24. 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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t earned counsel for the petitioner further subrnits tlrat tlris Court passed orders in W.P.No.33O90 of 2023, dated O6.L2.2O23 and directed the registering authorities to register the lands without reference to the notilication dated 26.O9.2OL3. The subject land in the present writ petition also pertains to same survey number and the respondent No.3 in Lr.No.El13387 /2024, dated 03.1O.2O24 before the dismissal of W.A.No.l499 of 2018, dated 25.L1.2O24. Basing on the letter dated O3.1O.2O24 issued by the respondent No.3, the respondent No.5 issued impugned Refusal Order No.387 of 2025, dated 15.09.2025 and the sarne has to be liable to be set aside.

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SK'J W.P.Ifo.3336O of 2025

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On the other hand, learned Assistant Government O Pleader for Stamps and Registration not disputing the disposril of the W.P.No.3309O of 2023 dated 0,6.12.2023 and also the orders in W.P.No.23574 of 2O14, dated l7.Ol.i|Ol7 and W.A.No.l499 of 2018 dated 25.112024 and rerluested to pass appropriate orders.

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Recording the above submission made by learned counsel on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document presented by the petitioner, without reference to the letter dated O3.1O.2O24 issued by the respondent No.3 and without reference to the impugned Refusal Order No.387 of 2025, dated 15.09.2O25 issued by the re:;pondent No.S, subject to the petitioner complying 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 document if any other \1 objection and the said decision to the petitioner.

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sKrJ W.P.No.3336O of 2ol25

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It is also made clear that this^{order does not preclude} the Government/District Collector to take^{appropriate steps} as wa:ranted by law and to assert^{its title. Ifany} proceedings/suit/appeal pending between the executants^of the document/Government or any other^{interested party,} the regrs.tration of tJ:e document will^{be subjectto the result} of that proceedings/ suit/ appeal.

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