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High Court for State of TelanganaWP/2301/2020disposed of no costs

Smt. Nadimpalli Padmavati, v. The State Of Telangana,

2020-02-05A.Rajasheker Reddy3 pages

HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITON No. 2301 of 2020 ORDER:

This writ petition is filed for the following relief; "...to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not registering the Gift Settlement Deed/Sale/ Mortgage/Release/Conveyance deed submitted by the petitioner for registration with regard to the House Plot No.229, admeasuring 300 Sq.Yards, in Sy.No.44 (Sub-division Nos.44/ 3/1, 44/2 and 44/5) of Maqtha Mahaboobpet Village, Serilingampally Mandal, R.R.District, as highly illegal, arbitrary and consequently direct the 3rd respondent to receive, register and release the Gift Settlement Deed/Sale submitted by the petitioner after due registration relating to the House Plot No.229, admeasuring 300 Sq.Yards, in Sy.No.44 (sub-division Nos.

44/3/1, 44/2 and 44/5) of Maqtha Mahaboobpet Village, Serilingampally Mandal, R.R.District, without reference to the notification of the District Collector, dt.26.09.2013 and pass such other relief or relief as this Hon'ble 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.24.06.2019 passed by this Court in WP.No.12440 of 2019.

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.24.06.2019 in WP.No.12440 of 2019, this writ petition is also disposed of directing the Registering authority to receive and process

the Gift Settlement Deed/Sale/Mortgage/release/conveyance deed submitted by the petitioner, 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 the deeds 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 deeds of conveyance 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. There shall be 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. 2301 of 2020 05.02.2020 tk