Smt. Kothakapu Haritha Vs The State of Telangana

Petition Under Article 226 of the Constitution of lndia prayrng 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 Letter/Notification in Lr.No.E1l338712024 d|.0310-2024 issued by the 3rd respondent whrch was communicated by the 2nd respondent vide Endorsement No G3/'l 184712024 dt.07-10-2024 to the 4th respondent including the lands in Sy No.44l5/A of Maktha Mahaboobpet village, Serilingampally Mandal, R.R. District in the Prohibitory Register under Sec.22A(1)(b) of the Registration Act and the Refusal Order No.317 of 2023 d1.24-102024 issued by the 5th respondent in refusrng to register the lrlemorandum of Deposit of Title Deed in respect of the House Plot No.30, admeasuring 266.7^sq.

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yards in Sy.No.4415/A, situated at Maktha ltrlahabubpet village, Serilingampally Mandal under GHMC Serilingampally Circle, R.R.District as highly illegal, contrary to law and set asrde the same and arbitrary and consequently direct the respondents 1 to 3 to delete the lans from the prohibited Sy No.44l5/A of Maktha Mahaboobpet village Serilingampally Mandal, R.R. District and direct the sth respondent to receive, register and release the ltilemorandum of Deposit of Title Deed Pending document No.737 of 2024 in respect of the House Plot No 30, admeasuring 266 7 sq. yards in Sy.No.44l5/A, situated at Maktha Mahabubpet village, Serilingampally Mandal under GHMC Serilingampally Circle, R.R.District.

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l.A.NO:1 OF 2024

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Petition Under Section^'151 CPC prayrng that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 5th respondent to receive. register and release the Memorandum of Deposit of Title Deed Pending document No.737 of 2024 in respect of the House Plot No.30, admeasuring 266.7 sq. yards in Sy.No.44l5/A, situated at Maktha Mahabubpet village, Serilingampally Mandal under GHMC Serilingampally Circle, R.R.District by suspending the Letter/Notification in Lr. No.E11338712024 dt.0311012024 issued by the 3rd respondent and the Refusal Order No.317 of 2024 dt.24-10-2024 issued by the 5th respondent pending disposal of the writ petition

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Counsel for the Petitioner : SRI N.M.KRISHNAIAH

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Counsel for the Respondents : SMT S.SRAVANTHI, AGP FOR REVENUE

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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.35O93 of 2024

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ORDER:

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Heard Sri N.M.lfuishrraiah, learned Counsel for the petitioner and Smt S.Sravanthi, learned Assistant Govcrnment Pleader lor Stamps and Registration appearing for the respondents and pcrused the material on record.

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The learned Counsel for the petitioner has submitted that on earlier occasion, this Court passed order in W.P.No.33O9O of 20'23 clared 06.12.2023 and directed the respondent auth<>ritics to rcgistr:r thc documcnts prescnted /pending^{before thc respondentauthorities with regard to} the samc sur-vcy number without reference to the Notification dated 26.09.2013. Thc subject land ir-r the present u,rit pctition also pertains to the sarne survey number and zr.iso similar lcttcr issued by thc respondent No.3 in I-r.No.lil 13387 12024, dated 03.1O.2024. In view of the same, the respondcnt No.5 issued impugnecl Relusal Orclcr No.317 ol 2023, dated 24. 1O.2O24.

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W.P.No.35O93 of 2024SK,J -

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Learn r:d counsel for the petitioner firrther submits that there is a chequered history of Sy.No 44 situated at Maktha Mahabubpet Village, Serilingarnyrally Mandal, Ranga Rerldv District. With regard to the cntries of Sy.No.44 in revenue records, the orders passed by the Chiel Commissioner ol Land Administration in File

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No.P3/a5ir/20 13, dated 29.O5.2O14 was set aside bv this Court earlier in W.P.No.23574 of 2014, d:rted 17.0L.2A17 and grantcd liberty to the authorities to tzrke action as per the order passed by the Joint Collector ir.r Ell7306 11999 on 19.01.2013 and the Joint Collector in his order dated 19.O1.2013 directed the Deputy' Collector and Tahsildar, Serilingampally Mar-rdal, Ranga Reddy [)islrict to examine the recor<ls in respect ol the subject lar-rds and if he found any fabrrcated material produced relating to fraud for issuance of supplementary sethu,ar irn<l lor obtaining correction of revenue records, lile comprehensive Civil Suit for declaration of title and for recoven' of possession 1n favour of Government in accordance with 1avr,. Aggrieved by the orders in W.P.No.23574 of 2014, dalcd 72.O1.2O17, the

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SK,J W.P.No.35O93 of 2024

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respondent authorities have liled W.A.No.1499 ol 2018 and the same was dismissed bv the Division Bench of this Court on 25.11.2024. In spite of that the respondents again shou,ing the suit schcduie property in the prohibited list and the same is contrary to the orders of this Court.

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Learned counsel lor the petitioner further submits tlrat this Court passed orclers in W.P.No.33O9O of 2023, dated 06. 12.2023 and directed the registering authorities to register the lands without refercnce to the notification dated 26.O9.2O13. The subject land ir-r the present writ petition also pertains to same survcy number and thc respondent No.3 in Lr.No.E1/3387 12024, dated 03.lO.2024 before the dismissal of W.A.No. 1499 ol 2018, dated 25.11.2024. Basing on the letter dated 03.1O.2024 issued by the respondent No.3, the respondcnt No.5 issued impugned Relusal Order No.317 ol 2023. dated 24.10.2024 and the same has to be liable to be set asidc.

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On the other hand, learned Assistant Government Pleader for Stamps and Registration not disputing the

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W.P.No.35093 of 2024SK,J -

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disposal of thc W.P.No.3309O ol 2023 derlt'c1 06.12.2023 and also the orders in W.P.No.23574 of 2014, dated 17.o1.2O1i' and W.A.No.1499 of 2018 clate'd 25.11.2024 and reques;ted to pass appropriate orders

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Recording the above submission mzrde by learned counsel on either side and without exprcs:j Lr'lg an-1' opin ion or.r the merits of the case, this n'rit petition is disposcd of dirccting the Registering Authority to recerve, register and release the subject document preser-itecl b1. the petitioner, rvithout reference to the letter dated 03.1C).2024 issued bv the respondent No.3 and without reference to the impugned Refusal Order No.317 ol 2023, dated 24.1O.2024 issued by the respondent No.5, subject to the petitioner complying ri'ith the provisions of the h-rdian Registratron Act, 1908 and Indian Stamps Act, 1899. It is also open lt; the Registering Authority to refuse to register the docurrent if arn-y other objection and communicate the said decision to the petlt.1oner.

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SK,J W.P.No.35O93 of 2024

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It is also made clear that this order does not preciude the Government/District Coilector to take appropriate steps as warranted by law and to assert its title. If any proceedings/ suit/ appeal pencling betu,een the executants ol the document/ Government or any other interested pafiy, the registration of the document will be subject to the result of that proceedings/suit/appcal

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Accordingly, this writ petitior-r is disposed of. No order as to costs.

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Miscellaneous Petitions, if aly, pending in this writ petition sha-ll stand closed.

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SD/-A. JAYASREE ISTANT REGIST

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//TRUE COPY//

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SECTION^OFFICER

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of Telangana^at To 1. The Secretary, Revenue Department' Secretariat' St Hvderabad.

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z ifr" Ci*rissioner^{and lnspector, General of Registration and Stamps'}

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Telanoana,^HYderabad.

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a in" OLtri"t^{Collector Ranga Reddy District'} 4 The Di.tti"t^{Registrar. Ranga Reddy Drstrtcl} 5 i';; l;i;iSub-ilesistiar-t,^{Ro (oa)'RangaReddv District} , -, - 6. Two CCs^{to Gp FOR REViNU'E,-*igf, Cturtfor ihe State of Telanganaat} Hvderabad [OUT]

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