Sri Chinthalla Srinivas v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY ONE PRESENT THE HON'BLE SRI JUSTICE T. AMARNATH GOUD WRIT PETITION NO: 24449 OF 2020 Between:

Sri Chinthalla Srinivas, S/o. Late Lakshmipathi, Aged about 56 years, Occ: Singareni Job, R/o. H.No.B/22, Sector-1, Godavarikhani, Karimnagar. ...PETITIONER AND

1. The State of Telangana, Department of Revenue (Stamps and Registration), Secretariat Buildings, Hyderabad, Rep by its Principle Secretary.

2. The District Registrar of Assurance Stamps and Registration Department, Karimnagar District.

3. The Sub-Registrar, Gangadhara, Karimnagar District. RESPONDENTS Petition under Article 226 of ihe 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 one in the nature of Writ of Mandamus and declare the action of the Respondent No. 3 in not receiving and registering the Sale Deed offered by the Petitioner in respect of land in Sy.No.1 5 admeasuring 266.66 Sq.Yards as illegal, arbitrary and violative of Article 14,19,21 and 300 (A). lA NO: 1 OF 2020 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 and register the Sale Deed in respect of the land in Sy.No,15 admeasuring 266.66 Sq.

Yards, situated at Rekurthi Village of Karimnagar Revenue l\,4andal and District, pending disposal of the Writ Petition. Counsel for the Petitioner: SRl. K.

THE HON'BLE SRI JUSTICE T,AMARNATH GOUD WRIT PETITION No.24449 of 2O2O ORDER:

Heard learned counsel for the petitioner and learned Government Pleader. With their consent, the writ petition is disposed of at the stage of admission.

This writ petition is fi1ed to declare the action of the 3.a respondent in not receiving and registering the sale deed of the petitioner in respect of the subject property as illegal and consequently direct the 3rd respondent to receive and register the sale deed of the petitioner.

t , Learned counsel for the petitioner would submit that when the petitioner presented the sale deed before the 3'd respondent, he refused to receive and register the same on some pretext or the other and hence, direct the 3rd respondent to receive and register the same.

Learned Government Pleader, on instructions, u,ould submit that the subject lands are surplus lands and that the petitioner has not approached the 3rd respondent for registration of any document and hence, the question of receiving and refusing the document does not arise by the 3rd respondent. On perusal of the writ affidavit, the petitioner has not stated an5rwhere that when he has presented the document, details of the documents and payment of stamp duty and registration charges as required. Therefore, the writ petition is premature and the same is liable to be dismissed.

Accordingly, the writ petition is dismissed. However, upon hearing the contentions of learned counsel for the petitioner, this

Court is of the view that as and when the petitioner present the document in full form before the 3'd respondent, the same shall be received and processe d in accordance with 1aw bearing in mind whether the properties are under prohibited list or government list or any surplus lands under the Ceiling Act. There shall be r-ro order as to costs.

Miscellaneous petitions, if any, pending in this Petition, shall stand closed.

SDi-N.CHANDRA SEKHAR RAO ASSISTANTNEGISTRAR (rr.:

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HIGH COURT DATED:1110212021 ,\, E STA 1H .l li oo 18FEB

ORDER

* * W.P.No.24449 of 2020 DISMISSING THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS z\