Sirigiri Poonamma Vs The State of Telangana

The Sub-Registrar, Serilingampally 1 -60 13017 61 134, 1 -60130177 I 134, AnjaiahNagrar, Gachibowli, Hyderabad, Ranga Reddy District, Telangana - 500081

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...RESPONDENTS

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Petition under Article 226 ot lhe Constitution of India 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 action of the respondents, more particularly that of the respondenl Nos.4 in passing the refusal order bearing No. 35 of 2022, dated 13.07.2022, whereby and where under the respondent No.4 has refused to register the subject plot being covered by the alleged notification bearing No.E5l2B25l2O1 1 dated 10.06.2021 issued by the respondent No.2 in respect of pending Document bearing No. P-12712022, dated 08.07.2022, executed in favour of the petitioner by M/s. Magna lnfra Developers, in respect of the petitioner's Part of Plot No.6 and Plot No.7, admeasuring 365 Sq.yards or 305.14 Sq.meters, in

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Sy.No.36/'r 1, in^phase -il, situated at Vinayak Nagar (HAL) Mutuafiy Aided cooperative Housing society Ltd., Gopanpaily Viflage, seriringampaily Mandar, under GHMC serilingapally circle, Ranga Reddy District, is challenged in this writ petition as being arbitrary, iilegar and viorative of Articres i4, 19 (d), 21 and 3oo-A of constitution of rndia and consequenfly set aside the impugned Notification bearing No.E5r2825r201 1 dated 10.06.2021 issued by the respondent No.2 and direct the respondent No.3 and 4 to receive the sare deeds presented by the petitioner bearing pending Document Nos. p-12712022, dared og.o7.2022,without reference to the impugned proceedings of the respondent No.2 dated 10.06.2021 vide Notification No. E5/2825t2O1 1.

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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 fired in support of the petition, the High court may be preased to direct the respondent No.4 to receive, process and register the sare deed bearing pending document No. p 127 t2022, dated 0g.07.2022, in respect of the petitioner,s Plot No. 33, admeasuring 300 Sq.yards or 251 Sq.meters, in Sy.No.36/1 1, in Phase - ,, situated at Vinayak Nagar (HAL) Mutuary Aided co operative Housing Society Ltd., Gopanpa[y Village, Serilingampally Mandal, under GHMC Serilingapally Circle, Ranga Reddy District.

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Counsel for the petitioner: SRI SRTKANTH SUTARI

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counsel for the Respondents: Gp FoR srAMps AND REGrsrRATroN

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The Court made the following: ORDER

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THE HONOURABLE SRI IUSTICE N.V.SHRAVAN^I(UMAR

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WRIT PETITION No.3777 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 Registration^{appearing for respondent} Nos.1 to 4. With the consent of the parties, the writ petition^{is being taken up for} disposal at the admission stage itself.

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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 tlu respondent Nos.4 in passing the ret'usal order beaing No.35 of^2022, rlated 13.07.2022, tohtreby and zolure under tlu respondtnt No.4^has reltLsed to register the subject plot being cottered by^thealleged notification beaing No.E5p8252011 dated 10.06.2021 isnrcd by^the respondent No.2 in respect o.f penrling Doutment benring No. P' -1272.022, dated 08.07.2022, exeatetl in fnaour of the petitioncr by lWs Magna Infra Detelopers, in respect of tlte petitioner's Part of Plot^No.6 and Plot No.7, admeasuing 365 Sq.yards or 305.-14 Sq.nrcters, in^Sy No.36171, in Plwse-ll, situated at Vinaynk Nagar^(HAL) Muttutlly Aided Cooperntiae Housing Society Ltd., Gopanpnlly^VilLage, Serilingnmpally MnndnL untler CHMC Serilingapally Circlc,^Ranga Redtly District, is clmllenged in tlris turit petition as being arbitrary, illcgal nnd ttiolatiue of Articles 14, 19^(d), 21 and 300-A of ConstitLttion of India and consequently set aside the inrpugned Notifcation benring No.E528252011 dnted 10.06.2021 issued by the respondent No.2^and direct the respondent No.3 and 4 to receirte the sale deeds prcsented by tlu petitioner bearing peruling Douonent Nos.P-1272022, dated 08.07.2022, toithout reference to the impttgned proceedings of the respondent No.2 dnted 10.06.2021 ztida Notifcntion No.E5282520'11."

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Today when the matter has been taken up for hearing, learned counsel for thc petitioner submits that writ petition is squarely covered by the order passed by this Court in W.P.No.16109 of 2024 dated 79.07.2024, rclcvant paragraphs are extracted hereunder:-

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" 13. ,4; sLtth. ihe leuer dared 10.06.2021 in Lr. No. Ei/2825/202 t and lhe similor letter ,lated 29.09.2021 in which reference of letter dated 10.06.202 I was tnade. are only letters submitted by District Collector, Ranga RcddS, Districl to Disttict Regislrar, Registration & Stamps Deportment, Ranga Retldy District for taking further necessary action and thal canrutt be the basis for refusal for registration of the subject property. lt is also pertinent to note that subsequently, no notiJication was issued by re.spondent authorities wilh respect to the list of lands menlioned in the lctter dated 10.06.2022. In vietv of lhe same, letter dcttetl 10.06.2021 in l-r. No. E5/28 25/2021 aud tlu similar lelter dated 29.09.2021 suhmitretl by Distt.ict Collector, Ranga Reddy District to Disn-ict Regi.strar, Registration & Stamp"- Departn ent, Ranga Reddy District ore not in tonsondnce lo the provisions of Section 22-A of the Act and )2(A)(l)(c) und Clouse (vi) of the guidelines and the same cannot be re.ferrad./iv the purpose of denying registration of the subject properties.^{('onsequcntly,} reference made vide Lr. No. E5/2825/2021 , dated 10.06.202 I ond sintilar letter dated 29.09.2021 are per se illegal, arbitrary, and bad in lan and are hereby set aside and writ petition stands ullowed. Registering Authorities are directed to receive, register and release thc sule deed presented by the petitio er in respect of the subject property, .\ biect to the petitioner complying wilh the provisions of the Indian Registrotion Act, I 908, and lndian Stamp,s Act, 1899. It is also open Io the Registering Authority to refuse to regi.tter the subject docuntent. hy, sltcti/irully assigning the reasons in tcrms of Section 7t of the Act, 1908 und conmunicate the said decision to the petitioner.

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Needlass. to slate ihat respo dent Authoriries shall scrupulousll' {ollou' the directions and shall not further refer to the Lr.No.E5,2825t202 I dared 10.06.2021ond similor letter dated 29.09.2021 us o reu.\on .for refusal of registrotion ond Registering Authoritit,s shall rurifi lhe .same before denying the registering on the similar ground which has already been addres,sed in this writ petition. It is nnde cleur thul ntere registration of the document does not confer title on the suhject propert.y and it is also made clear that this order would nol hove any hcuring on all those matters where title/rights of the parties are pending bcJore thc aulhorities either in revision/appeals for adjudication and in any other case this order also does not preclude the parties in usserling thcir rights beforc a cdmpetent Courl of law. I 5. Accordingl.y, writ petition is allowed with the above ob.sertat ions. "

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Learned counsel for the petitioner further pray this Court to pass similar orders as pasaed in W.P.No.16109 of 2024 dated^-19.07.2024.

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Learned Assistant Covernment Pleader appearing for respondents has not disputed the same and submits that the refusal bearing No.35 of 2022, dated 13.07.2022 was passcd prior to the order passed in W.P.No.16109 of 2024 dated r'

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1,9.07.2024 and submits that at present the registering authority basing on the

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aforesaid order are registering the documents in said survey numbers.

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Rccording the submissions made by the learned counsel appearing on either side and in tern6 of order passed by this Court in W.p.No.16109 of 2024 dated 19.07.2024, this writ petition is allowed by setting aside the refusal order No.35 of 2022, dated 13.07.2022, and the Registering Authority is directed to teceive, register and release the subject document presented by the petitioner in respect of thc subiect property, subject to tl.re petitioner complying with the provisions of the [ndian Registration Act, 1908, and Indian Stamps Act, 1899. It is made clear that if the said document cannot be registered for any other reasons, the Registering Authority shall record and comrnunicate the same tcr the petitioncr. It is also made clear that mere rcgistration of the document does not confer titie on tire subject property and this order would not have any bearing on all those matters where title/rights of the parties are pending before the authorities either in revision/appeals for adjudication and in a.v other case this order also does not preclude the parties in asserting their rights before a compctent Court of law.

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AccorclinBlv, this writ petition is allorved. Miscellaneous applications, if

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any pending, shall stand closed. No orcler as to costs.

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SD/.^A.V.S.PRASAD T NT^REGISTRAR ASS /,TRUE^COPY//

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SECTIO^{N OFFICER}

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