Smt. R. Rukum Bhai, R. Rukkum Bai v. The State Of Telangana And 4 Others
[32s6 | (SHOW CAUSE NOTICE BEFORE ADMISSION) IN TIIE IIIGI{ COURT FOR THE STATE OF TELANGANA AT IryDERABAI) MONDAY, THE TWENry SEVENTH DAY OF MARCH TWO THOUSAND AND TWENry THREE :PRESENTi THE HONOURABLE SRI JUSTICE MUMMINENI SUDHEER KI,'MAR WRIT PETITION NO: 8338 OF 2023 Between:
Smt. R. Rukum Bhai@ R. Rukkum Bai, Wo R.Ramulu Petitioner AND l. The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad.
3. The Sub-Registrar, Qutubullapur, Medchal Malkajgiri District. Respondents WHEREAS the Petitioner above named through her Advocate SRI. B SAMPATH KUMAR presented this 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 to issue any Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3, Sub-Registrar, Qutubullapur, Medchal-Malkajgiri District in refusing to receive and register the Deposit of Title Deeds presented by the Petitioner in respect of all that the house bearing No.31-091, (PTIN No.1150302298) on Plot No. 212 and 213 total admeasuring 180 sq. yards in Sy.No.
49117 Part, situated at Bhagath Singh Nagar, Gajularamaram Village, Quthbullapur Mandal, Medchal-Malkajgiri District basing on the prohibitory list under Sec. 22-A of the Regisffation as per the Ranga Reddy District Gazette Notification communicated by the Joint Collector, Ranga Reddy District vide File No. 851473012013 dt. 25-09-2013, Qutubullapur, Nizampet and (ii) Deputy Collector and Tahsildar, Qutubullapur Mandal in File No.8i583/2012 dt. 1710212012 and (iii) Gazette Notification No. 134, dt. 10-03-2005 and G.O.Ms.No. 292, Revenue (Registration-I) dt. 09-03-2005 communicated by the Commissioner and Inspector of General (R and S), Hyderabad vide File No. Gl/4661/2005 dt.
02-07 -2005 is illegal, arbitrary and violative of provisions of the Registration Act and violative of Principles of natural justice and consequently direct the respondent No.3 to receive, process, register and release the Deposit of Title Deed in respect of all that the house bearing No. 3 I -091 , (PTIN No.1150302298) on Plot No. 212 and 213 total admeasuring 180 sq. yards in Sy.No.49117 Part, situated at Bhagath Singh Nagar, Gajularamaram Village, Quthbullapur Mandal.
AND WHEREAS the High Court upon perusing the petition and affidavit filed herein and upon hearing the arguments of Sri B SAMPATH KUMAR Advocate for the Petitioner and Asst GP for Stamps and Registration takes notice on behalf of respondents, directed issue of notice to the Respondents herein to show cause as to why this WRIT PETITION should not be admitted.
You viz:
1. The Principal Secretary, Revenue Department, Secretariat Buildings, State of Telangana. Hyderabad,
3. The Sub-Registrar, Qutubuliapur, Medchal Malkajgiri District. are directed to show cause on or before 12.06.2023 to which date the case stands posted as to why in the circumstances set out in the petition and the affidavit filed therewith (copy enclosed) this WRIT PETITION should not be admitted. 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 to direct the respondent No.3 to receive, process, register and release the Deposit of Title Deed in respect of all that the house bearing No.31-091, (PTIN No.1150302298) on Plot No. 212 autd 213 total admeasuring 180 sq. yards in Sy.No.49117 Part, situated at Bhagath Singh Nagar, Gajularamaram Village, Quthbullapur Mandal, Medchal Malkajgiri District, pending disposal of WP No. 8338 of 2023, on the file of the High Court. The Court made the following:
ORDER:
Notice before admission, Learned Assistant Government Pleader for Stamps and Registration takes notice on behalf of the respondents.
Learned counsel for the petitioner submits that this Court, while dealing rvith similar issue in W.P.No.lO4ll of 2022, by order dated 10.03.2022, granted interim orders with a direction to the respondents to receive and process the documents. In view of the above and for the reasons alike in the order, dated 10.03.2022, subject to further consideration of the issue after the judgment of the Hon'ble Supreme Court in Civil Appeal No.4223 of 2018 and batch, the provisions of Section 22-A of the Registration Act, 1908, and the orders passed by this Court in various writ petitions, b1' way of interim order, the respondent-Registering Authority is directed to receive and process the subject document, without reference to the letter, dated 17.02.2012, and the Gazette Notification, dated 25.09.2013, subject to compliance of provisions of the
Registration Act, l90E and the Indian Stamp Act, 1899 and to ascertain the status of Iand, as reflected in the revenue records.
If the document complies with all the requirements and there is no embargo in accepting the same for registration, the Registering Authority shall register and release the document. However, any such action shall abide the result of the writ petition. Further, the petitioner is directed not to resort to further conveyance of the subject property without leave of this Court.
Registry shall make an endorsement on the writ petition to the effect that the same shall not be permitted to be withdrawn, Post on 12.06.2023.
SD/- P. CE. NAGABHUSANIBA ASSISTANT RI,GISTRAR //TRUE COPYII @_ SECTION OFFICER To, I . The Principal Secretary, Revenue Department, Secretariat, Buildings, State of Telangana. Hyderabad,
3. The Sub-Registrar, Qutubullapur, Medchal Malkajgiri District. ( I to 5 by RPAD- along with a copy of petition and Affidavit)
6. One CC to SRI. B SAMPATH KUMAR Advocate [OPUC]
7. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court of Telangana at Hyderabad. [OUT]
8. One spare copy
/ IIICH COURT NTSK, J DA"lEDt2'?10312023 NOTE: POST ON 12.06.2023.
NOTICE BtrFORE i\DN{ISSION ls if 'Lg s$$ *
ORDER
WP.No,833tt of 2023 i INTERINI DIRECTION