Smt. Gadiraju Padma v. The State Of Telangana And 3 Others
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY ,THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO: 13473 OF 2021 Between:
Smt Ga-dirajq _ f41nq, W/o Shri. Raghu Raju. Aged 48 R/o H.No.2-2-25lP/8 DD Colony, Bagh Amberpet Hyderdbad- 500013. years, ...PETITIONER AND
1. The State of Telangana, rep. By its Secretary, Revenue, (Stamps and Registration) Department Secretariat, Hyderabad
2. The District Registrar, Ranga Reddy District.
3. The Joint Sub-Registrar, Ranga Reddy District.
4. The District Collector, Ranga Reddy District. ...RESPONDENTS Petition under Article 226 ol the 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 Mandamus declaring the action of the respondents in refusing to register the Development Agreement cum GPA submitted by the petitioner for registration with regard to the Plot bearing No.44, admeasuring 500 sq. yards in Sy.No.11l3l ol Khanamet village, Serilingampally Mandal, R.R. District vide Refusal Order No. 107/2021lRO (OB) dated 1510312021 as highly illegal, arbitrary and consequenfly direct the 3rd respondent to receive, register and release Development Agreement cum GPA submitted by the petitioner for registration with regard to the Plot bearing No.44, admeasuring 500 sq. yards in Sy.No. 11131 of Khanamet Village, Serilingampally Mandal, R.R. District, without reference to the proceedings of the District Collector dl. 2Bl 06 I 201 9.
lA NO: 1 OF 2021 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 receive, register and release the Development Agreement cum GPA submitted by the petitioner for registration with regard to plot bearing No.44, admeasuring 500 sq. yards in Sy.No.11l31 of Khanamet Serilingampally Mandal, R.R. District, without reference to the proceedings of the District Collector dated 2810612019 pending disposal of the writ petition. Counsel for the Petitioner : M/S INDUS LAW FIRM Counsel for the Respondents: AGP FOR REVENUE The Court made the following: ORDER
-2I I THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No. t3473 0F 2o2L ORDER:
Heard learned counsel for the petitioner, and learned Assistant Government Pleader for Revenue.
2.
This writ petition is filed praying to grant the following relief: ".., to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action oi the respondents in refusing to register the Development Agreement cum GPA submitted by the petitioner for registration with regard to the Plot bearing No.44 admeasuring 50O sq yards in Sy.No.1 1/31 of Khanamet village, Serilingampally Mandal, R. R. District vide Refusal Order No.tO7 12021 IRO OB dated 15.03.202 1 as highly illegal, arbitrary and consequently direct the 3'd respondent to receive, register and release Development Agreement cum GPA submitted by the petitioner for registration with regard to the Plot bearing No.44 admeasuring 500 sq yards in Sy. No. 11 131 of Khanamet Viilage, Serilingampally Mandal, R. R. District without reference to the proceedings of the District Collector dated 28.06.2019 and pass such other relief or reliefs as this Hon'ble court may deem fit and proper in the circumstances of the case."
3.
Learned counsel for the petitioner would sr-rbmit that the issue involved in this writ petition is squarely covered by the order of this Court, dated 25.08.2014, in W.P.No.19069 of 2014. The same is not disputed by learned Assistant Government Pleader for Revenue appearing for the respondents.
-3 4.
Following the said order and for the reasons stated therein, this writ petition is also disposed of directing the 3rd respondent to receive and process the document submitted by the petitioner for registration in respect of the subject property, 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, 1 899. It is also open to the registering authority to refuse to register the document 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 document does not confer title to the property. It is also made clear that this order does not preclude the Government/ District Coliector to take appropriate steps as warranted by law and to assert its title Miscellaneous petitions, if any, pending, stand closed.
ASSISTAN?D{-JSJqII* //TRUE COPY// \\ -,, SECTION OFFICER To,
1. The Secretary, Revenue (Stamps and Registration) Department, State of Telangana, Secretariat, Hyderabad.
2. The District Registrar, Ranga Reddy Disirict.
3. The Joint Sub-Registrar, Ranga Reddy Distrlct.
4. The District Colleclor, Ranga Reddy District.
5. One CC to M/s. lndus Law Firm Advocate [OPUC]
6. Two CCs to GP for Revenue, High Court for the State of Telangana at Hyderabad. [OUT]
7. Two CD Copies B. One Spare Copy sl.t.l \ \- -_..---*'--
HIGH COURT AATED:1710612021 S rA e
ORDER
o t) c:
z8l\lt{20t1 WP.No.13473 oi 2021 -k rt DISPOSING OF THE WP WITHOUT COSTS o*il'