Syed Imtiazuddin v. State Of Telangana

[ 32551 HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY FOUR PRESENT THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION NO: 1923 OF 2024 Between:

Syed lmtiazuddin, Sio Syed Refeequddin Aged 54 years, Occ. Business Rl/o H.No. 11-2-982, Bazar Ghat, IVallepally, Hyderabad-500001 ...PETITIONER AND State of Telangana, Rep by its Principal Secretary, Revenue (Stamp and Registration Dep., Secretariat, Hyderabad The District Register, Stamps and Registration Department, Ranga Reddy District.

The Sub- Registrar, Stamps and Registration Department, SRO, ShamShabad, Ranga Reddy District.

...RESPONDENTS 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 Writ of Mandamus or any other appropriate writ order or order by declaring the action of the respondents more particulaily Respondent no 3 in refusing to receive the sale deed presented by the petitioner for the open Plot No.245 admeasuring 400 Sq. Yards or 334.44 Sq. Mtrs in Sy. No 19/20, 19122,19123,19125,19126, and 19148, situated at 'Lakshmi Meridian City' Ammapally Village, Shamshabad Mandal, Ranga Reddy District which is illegally arbitrary and vioaltive of principles of natural justice and violative of Provisions of Stamps and Registration Act and consequently direct the Respondent no 3 to receive, register, and release the sale deed pertain to open Plot No. 245 admeasuring 400 Sq. Yards or 334.44 Sq. Mtrs in Sy. No 19120,19122,19123,19125,19126, and 19/48, situated at 'Lakshmi Meridian City'

Ammapally Village, Shamshabad IVIandal, Ranga Reddy District which was presented by the petitioner.

lA NO: 1 OF 2024 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 direct the respondent no 3 to receive, register, and release the sale deed pertain to the property in open Plot No. 245 admeasuring 400 Sq. Yards or 334.44 Sq. Mtrs in Sy. No 19120,19122.19123,19125,19126, and 19/48, situated at "Lakshmi Meridian City" Ammapally Village, Shamshabad lVlandal, Ranga Reddy District which was presented by the petitioner pending disposal of the above writ petition.

Counsel for the Petitioner: SRI B.SRIRAM KARTIK Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT P TION No.1923 0F 2tJ24 ORDER:

i Heard learned counsel for the petitioner and Learned Government I Pleader for Stamps and Registration appearing for respondent Nos.1 to 3. l With the consent of the parties, the writ petition is being taken up for disposal at the admission stage itself.

2.

This writ petition is filed seeking following prayer '.declaring the action of the respondents more particularly respondent No.3 in refusing to receive the sale deed presented by the petitioner for the open plot No.245 admeasuring 400 Sq. Yards or 334.44 Sq Mtrs in Sy No.19120, t9/22, L9/23, 79/25, 19/26 and 79/48, situated at..Lakshmi Meridian City" Ammapatly Village, Shamshabad t'1andal, Ranga Reddy District, as illegal and consequently direct the respondent No.3 to receive, register and release the sale deed presented by the petitioner in respect of the subject property".

3.

Today when the matter is taken up for hearing, learned counsel r.or the petitioner submits that in similar circumstance this Court :n \ W.P.No.28248 of 2O23 dated 10.10.2023, passed the following order:- "In view of the above made submissions coupled with the provision under Section 71 of the Act,1908, this writ petition is disposed of directing the Registering Authority to receive and process the subject document, subject to the petitioners complying with the provision of the Act,l91g as well as the Indian Stamp Act,1899. It will be open to the Registering Authority to refuse the document presented before him, if he has any objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioners. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioners to get the subject document registered."

) -\K \ 4.

Learned counsel for the petitioner further pray this Court to pass I I similar orders as passed in W'P'No'28248 of 2023 dated 10'10'2023' I 5.

Learned Government Pleader appearing for respondents has not disputed the same.

6.Inviewoftheabovesubmissionscoupledwiththeprovisionunder Section 71 of the Act, 1908 and in terms of order passed by this Couft in W.P.No.28248 of 2O23 dated 10'10'2023. this writ petition is disposed of directing the Registering Authority to receive and process the subject document, subject to the petitioner complying with the provision of the Act,1908 as well as the Indian Stamp Act,1899' It will be open to the Registering Authority to refuse the document presented before him' if he has any objection. by duly assigning reasons in support of such decision and communicate the said decision to the petitioner' It is made clear that this i I l - Court has not expressed any opinion on merits of the case as to the I entitlement of the petitioner to get the subject document registered' 7.

Accordingly, this writ petition is disposed of' Miscellaneous applications, if any pending, shall stand closed' No order as to costs '

SD/. T. JAYASR ASSISTAN IS R //TRUE COPY// SECTION OFFICER To,

1. The Principal Secretary, Revenue (Stamp and RegiStration Dep.), Secretariat, Hyderabad.

2. The District Registrar, Stamps and Registration Department, Ranga Reddy District.

3. The Sub- Registrar, Stamps and Registration Department, SRO, Shamshabad, Ranga Reddy District.

4. One CC to SRI B.SRIRAM KARTIK, Advocate [OPUC]

5. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana at Hyderabad [OUT] Two CD Copies ct BSR&*- GJP

HIGH COURT DATED: 2510112024 irrJ S l-.{r€ -1, O5 FEB i) ?-

ORDER

* DFsp,rJcrrft WP.No.1923 of 2024 DISPOSING OF THE WRIT PETITION, WITHOUT COSTS