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High Court for State of TelanganaWP/2285/2020disposed of no costs

K. Sreelatha v. The State Of Telangana And 3 Others

2020-02-05A.Rajasheker Reddy3 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No. 2285 of 2020 ORDER:

This writ petition is filed for the following relief; "...to pass an order or direction or writ particularly in the nature of Mandamus declaring the action of 3rd respondent in refusing the registration on pretext of notification of the 2nd respondent herein E5/4/4733/2013/Serlingampally/Khajaguda, dated 26.09.2013, as illegal, arbitrary and against the principles of natural justice, and against the rights conferred under Article 300 (A) Constitution of India and consequently, set aside the above notification and direct the 3rd respondent to register the sale deed in respect of Plot number 17, admeasuring to an extent of 300 Sq.Yards situated in Survey No.27/2, at Block No.1 Khajaguda Village, Serilingampally Mandal, under GHMC, Serilingampally Circle, Ranga Reddy District in the interest of justice and to pass such other and further orders as the Honourable Court may deem fit and proper in the circumstances of the case."

Heard learned counsel for the petitioner who submits that the lis in the writ petition is squarely covered by order dt.27.01.2020 passed by this Court in WP.No.1569 of 2020.

The said submission is not disputed by the learned Assistant Government Pleader for Revenue.

In view of the same and for the reasons alike in the said order dt.27.01.2020 in WP.No.1569 of 2020, this writ petition is also disposed of directing the Registering authority to receive and process the subject document without reference to the District Gazette Notification dated 26.09.2013 subject to compliance of the provisions

of the Indian Registration Act, 1908 and Indian Stamp Act, 1899. It is also open to the registering authority to refuse to register/receive the document presented before him, if he has any other objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner. It is made clear that mere registration of document does not confer title to the property. It is also made clear that this order does not preclude the Government/District Collector to take appropriate steps as warranted by law and to assert its title. No order as to costs.

As a sequel to the disposal of this petition, miscellaneous petitions, if any, pending shall stand closed. __________________________ A.RAJASHEKER REDDY, J 05.02.2020 tk

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No. 2285 of 2020 05.02.2020 tk