Ch. Shyamsunder Reddy v. The State Of Telangana And 2 Others

I 32s6 | HIGH COURT FOR TI{E STATE OF TELANGANA - AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SEVENTH DAY OF FEBRUARY - TWO THOUSAND AND TWENTY TI{REE PRESENT .tHE HONOURABI,E SRI JUSTICE MUNIN{INENI SUDHEER KUMAR -- WRIT PETITION NO: 15211 OF 2022 ,.'

Betrvecn:

Ch. Shyamsunder Reddy, S/o Late Yella Reddy, Occ. Business, R/o Plot No.6/P, HMT Shatavahana Nagar, Kukatpally, Hyderabad, Telangana State. ...PETITIONER ."

AND I . The State of Telangana, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad.

2. The Cornmissioncr and Inspector Gencral of Stamps and Registration, Mojamjahi Market, Hydcrabad.

3. The Sub-Registrar, Balanagar, Medchal-Malkajgiri District. RESPONDENTS Petition under p,rticle 24 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in t e r nature of Writ of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring the action of the 3rd Respondent in registering document presented by me in respect of l/4th undivided ownership and possession of the premises bearing door no.5-9-28612/59 and 60 of plot bearing nos.59 and 60 in a total extent of 1728sq.yds., in Sy.Nos.l96, 197, 198 and 201 of Moosapet village, Kukatpally Mandal and GHMC Circle, Medchal-Malkajgiri District as pending document by assigning pending document no.

P7 of 2022 instead of registering the same as regular document by assigning regular registration number and also detaining the document so registered as pending document as arbitrary, illegal, without jurisdiction and contrary to the provisions of Registration Act, 1908 and in violation of thc Articlo 14 of the Constitution of India and consequently to direct Respondent no.

IA NO: I OF 2022 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 directions to the 3rd Respondent to forthwith release the sale deed presented by me and which was registered on 3l-01-2022 as pending document bearing no.P712022 by registering the same as regular registered document by assigning regular registration number for the same. Award costs Counsel for thc Petitioncr : SRI. PASHAM RAVINDRA REDDY -,"

Counsel for thc Rcspondcnts: AGP FOR STAMPS AND REGISTRATION (TG) The Court made the following:

// // THE HON'BLE SRI JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No.15211 of 2o22 ORDER:

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

2.

This writ petition is filed questioning the action of respondent No.3 in not registering the sale deed dated 31 .O1.2O22 in respect of the subject property by assigning pending document No.7 of 2022, as illegal and arbitrary. l, I I 3.

When the matter is taken up for consideration, iearned I Assistant Government Pleader for Stamps and Registration placed before this Court the written instructions received from respondent No.3. A perusal of the said written instructions shows that the pending document No.7 of 2022 is already registered as document No.5371 of 2022 on 19.11.2022. 4.

In view of the same, the cause in the writ petition does not survive for adjudication and no orders need be passed in this writ pel"ition.

5.

However, as it is submitted by learned counsel for the petitioner that the said registered document is not released in favour of the petitioner, respondent No.3 is directed to release the said document in favour of the petitioner, if the same is not already released.

6.

The writ petition is accordingly disposed of. There shall be no order as to costs.

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

\ SD/- MOHD. SANAULLAH ANSARI ASSISTANT RE,GISTRAR //TRUE COPYII @__ SECTION OFFICER To,

1. The Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad, State of Telangana.

2. The Commissioner and Inspector General of Stamps and Registration, Mojamjahi Market, Hyderabad.

3. The Sub-Registrar, Balanagar, Medchal-Malkajgiri District.

4. One CC to SRI. PASHAM RAVINDRA REDDY Advocate [OpuC]

5. Two CCs to GP FOR STAMPS AND REGISTRATION, High Courr for the State of Telangan4 Hyderabad. [OUT]

6. Two CD Copies

HIGH C()URl'

MSI(. J DATED: 07102/2023 1,r9 9TATE o ,)c ? 4 t.r.B 1[8

ORDER

WP.No.l52ll of 2022 WRIT PBTITION IS DISPOSI.]D OF WITIIOUT COSTS