Naragoni Krishna Goud v. The State Of Telangana And 2 Others
HIGH COURT FOR THE STATE OF TELANGANA (Special Original Jurisdiction) TUESDAY, THE THIRD DAY OF IVARCH TWO THOUSAND AND TWENTY PRESENT THE HONOURABLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION NO: 4682 OF 2020 Between:
Naragoni Krishna Goud, S/ o. Naragoni Narasimha Goud, Aged about 37 years, Occ Business, R/o. H.No.2-38, lzzath Nagar, Khanamet, Kondapur, Ranga Reddy District. PETITIONER AND The State of Telangana, Rep. by its Principal Secretary, Stamps and Registration Department, Secretariat, Hyderabad The District Registrar, Ranga Reddy District. The Joint Sub-Registrar-1 and 2, District Register Office, 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 a Writ, Order or direction more particularly one in the nature of Writ of l\rlandamus declaring the action of the 3rd respondent in refusing to register and release the sale deed presented by the petitioner in respect of Part of House bearing No.
2-44115141A, admeasuring to an extent of B0 sq.yds with a plinth area of 'l 00 sq.ft in Sy. No.41113/Pa rt situated at Khanamet Village, Serilingampally Mandal, Ranga Reddy District, as illegal, arbitrary and contrary to the law and consequently direct the respondents to register the document presented by the petitioner as directed by this Honble Court in W.P. Nos. 19069/2014 dated 25.08.20'14 and 2368012015 dated 30. 1 0.20 1 9.
lA NO: 1 OF 2020 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 register and release the sale deed presented by the petitioner in respect of Part of House bearing No-2-44115141A, admeasuring to an extent of 80 sq.yds with a plinth area of 100 sq.ft in Sy.No.4111 3/Part situated at Khanamet Village, Serilingampally Mandal, Ranga Reddy District forthwith, pending disposal of the above writ petition.
Counsel for the Petitioner: SRl. S. SRIDHAR Counsel for the Respondents I to 3: GP FOR REVENUE The Court made the following: ORDER
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION No.4682 of 2O2O ORDER:
This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the follorving relief: "to issue a Writ Order or direction more particularly one in the nature of Wri.t of Mandamus declaring the action of the 3.a respondent in refusing to register and release the sale deed presented by the petitioner in respect of Part of House bearing No.2-4al /5 /a /A, admeasuring to an extent of 80 sq.yds with a plinth area of 100 sq.ft in Sy.No.41/ l3/part, situated at Khanamet Village, I Serilingampally Mandal, Ranga Reddy District, as il1ega1 arbitrary and contrary to the law and consequently direct the respondents to register the document presented by the petitioner, as directed by this Hon'ble Court in W.P.Nos 7906912014 dated 25.08.2014 and 2368612019 dated
30. 10.2019."
2.
Learned counsel for the petitioner would submit that the issue involved in this Writ Petition is squarely covered by the order of this Court, dated 30.10.2019, in W.P.No.23686 of 20i9. The same is not disputed by learned Assistant Government Pleader for Revenue appearing for the respondents.
3.
Foliowing the said order and for the reasons stated therein, this Writ Petition is also disposed of directing the 3ra respondent to receive and process the sale deed presented by the petitioner, without reference to the Notification, dated 26.09.2013, subject to compliance of the provisions of the Indian Registration Act, 1908 and the Indian Stamp Act, 1899. It is also open to the registering authority to refuse to register the sale deed 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 sale deed 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.
Miscellaneous petitions, if any, shall stand closed. SD/-N,CHANDRA SEKHAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary, State of Telangana, Stamps and Registration Department, Secretariat, Hyderabad
2. The District Registrar, Ranga Reddy District.
3. The Joint sub-Registrar-1 and 2, District Register office, Ranga Reddy District.
4. One CC to Sri. S Sridhar Advocate [OPUC]
5. Two CCs to GP for Revenue,High Court for the State of Telangana. [OUTI
6. Two CD Copies Ssv PLP
HIGH COURT DATED:0310312020 TA S e t\ \ o fl P r) o
ORDER
.& .* WP.No.4682 of 2020 DISPOSING OF THE WP WITHOUT COSTS a (,/ le