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High Court for State of TelanganaWP/7059/2023disposed of no costs

Y.Venkataram Reddy v. State Of Telangana,

2023-03-16Mummineni Sudheer Kumar5 pages

13256 | HIGH COURT FOR THE STATE OF TELANGAIYA (Special Original Jurisdiction) THURSDAY,THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY TIIREE PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR Between:

1. Y.Venkataram Reddy, S/o.Sri Y.Pulla Reddy, Occ.Engineer, R"/o.H.No.538, 8th .

Cross, 3rd Phase, J.P.Nagar, Bangalore South, Bangalore, Karnataka State. ...PETITIONER AND

1. State of Telangana,, rep. by its Principal Secretary, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad.

2. The District Collector,, Ranga Reddy District.

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

4. The Sub Registrar, Reddy District.

Stamps and Registration Departm6nt SRO, Shamshabad, Ranga ...RESPONDENT'S Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased tobe pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents more particularly the 4'n respondent in orally refusing to receive and register the documents presented by the petitioner in respect of land bearing Plot No.164 of Southern Paradise, Phase-I, admeasuring 322 sq. yards, under Sy.No.725l8, situated at Shamshabad Village and Mandal, Ranga Reddy District, on the ground of issuance of the Gazette Notification dated.26.09.

2013 issued by the 2nd respondent herein, as illegal, arbitrary, unjust, unconstitutional, violation of principles of natural justice and also contrary to the provisions of Registration Act, 1908, and consequently direct the respondents 3 and 4 to register and release the documents presented by the petitioner in respect of subject land without reference to the Gazette Notification dated.26.09.2013 issued by the 2no respondent herein, and to pass -.'

IA NO: 1 OF 2023 .

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 be pleased to

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direct the respondent's 3 and 4 to receive, register and release the documents presented by the petitioner in respect of land bearing Plot No.l64 of Southern Paradise, Phase-I, ud.ru*ri, g 322 sq. yards, under Sy.No.ZZSl8, situated at Shamshabad Village and Mandal, Ranga neaay District, .without reference to the Gazette Notification dated.26.0g.Z1l3 issued by the 2nd respondent herein, pending disposal of the writ petition, and to pass counsel for the Petitioner(s):sRl. MOHD MOIN AHMED QUADRI Counsel for the Respondent's I TO 4: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR ORDER:

Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ It I petition is disposed of at the stage of admission. 2.

Learned counsel for the petitioner submits that the issue raised in this writ petition is squarely covered by the order' passed by this Court in W.P.No.l5LL7 of 2021, dated 07.07.202t.

3.

In view of the same, this Writ Petition is disposed of, directing the Registering Authoritv to receive and process the subject document presented by the petitioner in respect of lanci bearing of Plot No.164 of Southern paradise, phase-I, admeasuring 322 square yards, under Survey No.725/8, situated at Shamshabad Village and Mandal, Ranga Reddy District, without reference to the notification dated 26.09.2OL3 issued by the District Cclllector, Ranga Reddy District, subjecr to the petitioner complying with the provisions of the Registration Act, 1908 and the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse/receive the document presented

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before him, if he has any other objection, by duly assigning I I reasons in support of such decision and communicate the said decision to the petitioner. No costs.

Miscellaneous Petitions, if atry, pending in this writ petition shall stand closed.

i ASSISTANT //TRUE COPY// SDCTION OFFICER To,

1. 'Ihe Principal Secretary, Revenue (Stamps and Regishation) Department' Secretariat' State of Telangana, HYderabad

2. The District Collector,, Ranga Reddy District'

3. The District Registrar, Stamps and Registration Department, Ranga Reddy District'

4. The Sub Registrar, Stamps and Registration Department SRO, Shamshabad' Ranga Reddy District.

5. One cc to SRI. MOHD MOIN AHMED QUADRI Advocate [oPUC]

6. Two CCs to GP FOR STAMPS AND REGISTRATION ,High court for the state of Telangana. [OUT]

7. Two CD CoPies I ii i

HIGH COURT MSK,J DATED:1610312023 { $E S'fA14:

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ORDER

WP.No.7059 of 2023 WP IS DISPOSED OF WITH OUT COSTS