Idamakanti Harsha Vardhan Reddy v. The State Of Telangana And 3 Others

Date: 5.7.2019 Between :

Idamakanti Harsha Vardhan Reddy Petitioner And State of Telangana, rep. by its Principal Secretary, Revenue (Stamps and Registration) Department, Secretariat, Hyderabad and others. Respondents This court made the following :

ORDER:

This writ petition is filed under Article 226 of the Constitution of India, seeking the following relief:

"To issue a Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not registering the Sale Deed/mortgage deed/release deed/conveyance deed submitted by the petitioner for registration with regard to the House Bearing No 3-1/30 Plot No 30 admeasuring 157.50 sq yards having plinth area of 418 sq. feet in Sy.Nos.44/5 and 119 of Maktha Mahaboobpet village, Serilingampally Mandal, R R District as highly illegal, arbitrary and consequently direct the 3rd respondent to receive, register and release the Sale Deed/Mortgage/release/conveyance deed submitted by the petitioner after due registration relating to the House Bearing No 3-1/30 Plot No.30 admeasuring 157.50 sq yards having plinth area of 418 sq feet in Sy Nos.44/5 and 119 of Maktha Mahaboobpet village. Serilingampally Mandal. R R District without reference to the proceedings of the District Collector dated 26.9.2013".

2.

Today, when the matter is called, it is represented by the learned counsel for petitioner and as well as the learned Government Pleader appearing for Respondents that the issue in the present writ petition is squarely covered by the order passed by this Court in W.P.No.19069 of 2014 dated 25.8.2014 and a copy of the same is placed on record by the learned Standing Counsel.

3.

Following the above referred order and for the reasons recorded therein, this writ petition is also disposed of directing the SubRegistrar to receive and process the deeds of conveyance without reference to the District Gazette Notification dated 26.9.2013 in

accordance with the Indian Registration Act, 1908 and the Indian Stamp Act, 1899. However, it is open to the registering authority to refuse to register the deeds presented before him, if he has any other objection, by duly assigning reasons in support of such decision and communicate the decision to the petitioner. It is made clear that mere registration of deed of conveyance does not confer title to the property and it is made clear that this order does not preclude the Government to take appropriate steps as warranted by law and to assert its title. As a sequel, the miscellaneous petitions, if any, shall stand closed. There shall be no order as to costs.

____________________ P. NAVEEN RAO, J Date: 5.7.2019 Note:

Office to enclose copy of order passed in W.P.No.19069 of 2014 dated 25.8.2014 while dispatching this order.

(b/o) DA

5.7.2019 DA