Anil Kumar Narsingoj v. State Of Telangana

[ 32561 HIGH COURT FOR THE STATE OF TELANGANA ATH (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY THREE , PRESENT THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KUMAR Between:

S/o. N. Laxmana Chary, Aged. 35 Years, Occ.

163, Woods Venture, Kompally, Medchal-Malkajigiri Anil Kumar Narsingoj, Employee, C/o. Plot No District.

...PETITIONER AND 1.

2.

4.

...RESPONDENTS Petition under Article 226 ot lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to. 1. lssue a Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring. i. The Letter of the Respondent No..5 vide Lr.No. F112051106 dated 28-01-2017, as illegal, arbitrary, high handed, without authority of law, discriminatory, and void, being in derogation of Articles 14, 19,21 and 300A of the Constitution of lndia, so also, the provision of Registration Act, 1908 and the rules framed thereunder, ii. The Memo issued by the Respondent No. 4, vide Memo No. 3712023 dated 24- 01-2023, whereby the Respondent No. 4 has refused to register the Sale Deed dated 13-04-2022 bearing pending registration No. P29412022, in respect of the land bearing Plot No. 92-G, admeasuring 500 Square Yards, in Survey No. 335, situated pt Tellapur, Ramachandrapuram Mandal, Sangareddy District, on pretext of letter of the Respondent No. 5 vide

Lr.No. F112051106 dated 28-01-2017, as illegal, arbitrary, high handed, without authority of law, discriminatory, and void, being in derogation of Articles 14, 19,21 and 300-4 of the Constitution of lndia, so also, the provision of Registration Act, 1908 and the rules framed thereunder, 2. Consequently, direct the Respondent No. 4 to register and release the Sale Deed dated 13-04-2022 bearing pending registration No. P29412022, in respect of the land bearing Plot No. 92-G, admeasuring 500 Square Yards, in Survey No. 335, situated at Tellapur, Ramachandrapuram Mandal, Sangareddy District. lA 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 to direct the Respondents No.

4 to register and release the Sale Deed dated 13-04-2022 bearing pending registration No. P29412022, in respect of the land bearing Plot No. 92-G, admeasuring 500 Square Yards, in Survey No. 335, situated at Tellapur, Ramachandrapuram Mandal, Sangareddy District. Counsel for the Petitioner: SRI M.

r..

THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION o-7462 of 2o23 ORDER:

Heard learned counsel appearing for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents.

2.

This Writ Petition is filed questioning the refusal order passed by respondent No.4 vide Memo No.3712023, dated 24.01.2023, refusing to register the pending document bearing No.P.294 12022, in respect of the land bearing Plot No.92-G, admeasuring 500 square yards in Survey No.335, situated at Tellapur, Ramachandrapuram Mandal, Sangareddy District, on the pretext of letter of respondent No.S vide Lr.No.F1/205I106, dated 28.O1.2OL7.

The reasons assigned in the refusal order by respondent No.4 read as under:

'The District Collector, Sangareddy has directed not to entertain any sale transactions on the lands transacted by the Industrial Employees Cooperative House Building Society vide Lr.No.F1/2051/06, dated 28.11.2006 and 28.01.2017 read with G.O.Ms.lO77, dated 07.O8.2OOT and cl186612006, dated 03.02.2007.

In view of the above, the pending document bearing No.294/2022 has been refused for registration. "

;- - 4Learned counsel for the petitioner submitted that the issue involved in this writ petition is squarely covered by the common order passed by this court in w.p.No .9604 of 2020 and Batch, dated 28.02.2029 and the same is not disputed by learned Assistant Government pleader for Stamps and Registration. The relevant portion from the said common order reads as follows:

_ "ln the light of the above, the impugned orders passed by the respondents in the Uatctr of writ petitions by referring to the letters of the District Collector, Sangareddy District i.e., L.R.No.F1/2OSl l06, dated 28.tt.2006 and 28.07.2017 and G.O.Ms.No.IOTT, dated 07.O8.2OO7 are unsustainable and accordingly, they are hereby set aside."

Following the said common order and for the reasons stated therein, this writ petition is also allowed by setting aside the Memo No.37/2o2s, dated 24.o1.2o2g issued by respondent No.4 and consequently respondent No.4 is directed to receive, register and rerease the subject document presented by the petitioner for registration, without reference to the reasons mentioned in the impugned Memo, dated 24.07.2023 issued by respondent No.4 and complete the process, in accordance with law, within a period of three (3) weeks from the date of preseniation of the document by the petitioner and release the same in favour of the petitioner,

subject to the said document complying with the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899. Miscellaneous Petitions, if ooy, pending in this writ petition shall stand closed.

SD/.AV.S.PRASAD //TRUE COPY/ OFFICER To 4.

6.

7.

State of Telangana, at Hyderabad. [OUT] Two CD Copies 8.

PSK.

?

r'

tt

HIGH COURT DATED:16/03/2023

ORDER

tilE $r4 !,,a:

WP.No.7462 of 2023 3 1 IEAR ?[?3 '..j'

.".

,,:.:t?..

.b.

-- rii!r.4...

ALLOWING THE WRIT PETITION WITHOUT COSTS.

@,da b-- -a-r\d"'