M Sekhar Reddy v. State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRIJUSTICE T.AMARNATH GOUD WRIT PETITION NO: 3524 OF 2021 Between:
Venkat Reddy, Aged about. 42 Occ. Employee, Vidyanagar colony, Chandanagar, Opp. Reddy l\,4 Sekhar Reddy, S/o l\,4.
R/o. H No l-3611t15t11768, colony, Hyderabad 500050.
...PETITIONER AND 1, State of Telangana, Rep by its Principal Secretary Revenue, Department Secretariat, Hyderabad.
2. District Registrar, Ranga Reddy District.
3. Joint Sub Registrar l, & ll, RO Ranga Reddy Ranga Reddy District. ,,.RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue any writ order or direction more particularly one in the nature of writ of mandamus declaring the action of the 3rd respondents in not receiving and refusing to receive register and release the sale deed for the subject property admeasuring an extent flats bearing No.201 in second Floor of "LOTUS FLOWER" with a Built up area of 1 1 10 Sq. ft. U.D.S. of 50 Sq. Yards. (out of 400 Sq. Yards) Constructed on Plot No. 114 and 115 in Sy no. 5211 and 5212 Situated at HMT Swarnapuri Colony Colony MAKTHA IVAHABOOPET VILLAGE, GHtr/C Serilingampally Ranga Reddy Dist.
which was under Notification dated 26.09.2013 would demonstrate that the District Collector, Ranga Reddy District, purported to issue the said Notification notifying lands under Section 22-A(1)(a) of the Registration Act, 1908 (for brevity, the Act of 1908') as illegal arbitrary and violative of Art '14 21 and 300 A Constitution of lndia and principles of natural justice and consequently to direct the respondents to receive and process the documents presented by the petitioners without reference to the Notification dated 26.09.20"13 issued by the District Collector, Ranga Reddy District.
lA NO: 1 OF 2021 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 3rd Respondent to receive register and release the sale deed for the subject property admeasuring an extent flats bearing No.201 in second Floor of "LOTUS FLOWER" with a Built up area of 1110 Sq. ft. U.D.S. of 50 Sq. Yards. (out of 400 Sq. Yards) Constructed on Plot No. '1 14 and 1 1 5 in Sy no. 5211 and 5212 Situated at HIVT Swarnapuri Colony Ir/AKTHA MAHABOOPET VILLAGE, GHMC Serilingampally Ranga Reddy Dist.
Counsel for the Petitioner: SRI S. N. VEERENDER SINGH Counsel for the Respondents: GP FOR REVENUE The Court at the stage of admission made the following: ORDER
THE HON'BLE SRI JUSTICE T.AMARNATH GOUD WRIT PETITION No.3524 of 2O2l ORDER:
Heard learned counsel for the petitioner and learned Government Pleader. With their consent, the writ petition is disposed of at the stage of admission'
Learned counsel for the petitioner has submitted that tI I on earlier occasions, this Court in W.P.No'19O69 of 2014, t dated 25.08.2014 and W.P.No.5912 of 2O2O dated 20.04.2020, has passed orders directing the registration of the documents presented/pending before the authorities; the cause of action in the present writ petition also pertains to the same.
Accordingly, the writ petition is disposed of directing the Sub-Registrar to receive and process the deeds of conveyance without reference to the District Gazettee notification dated 26.09.2013 in accordance with the Indian Registration Act, i908 and the Indian Stamp Act, 1899. However, it is open to the registering authority to refuse to register/ receive the deeds presented before him, if he has any other objection, by duly assigning reasons in support of such decision and communicate the decision to the petitioner' It is made clear that mere registration of deed of conveyance does not confer title to the property' It is also made clear that this order does not preclude the Government to take appropriate steps as warranted by law and to assert its title ' If any
proceedings/ suit/ appeal are pending between the executant of the document/ Government or any other interested party' the registration of the document will be subject to the result of that proceedings / suit/ appeal' There sha11 be no order as to co sts.
Miscellaneous petitions, if any' pending in this Petition' shal1 stand closed SD/- B.SATYAVATHI ASSISTANT REGISTRAR (rr"
//TRUE COPY// SECTION OFFICER to'',. ,nu Principal Secretary Revenue' Department' State of Telangana' Secretariat' Hvderabad.
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ORDER
19 rEB 202t o WP.No.3524 ot 2021 * * DISPOSING OF THE WP WITHOUT COSTS