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High Court for State of TelanganaWP/24704/2019disposed of no costs

V.V.Murali Krishnam Raju v. The State Of Telangana

2019-11-11P Naveen Rao3 pages

THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.24704 OF 2019 Date: 11.11.2019 Between:

V.V.Murali Krishnam Raju S/o.Late Naga Raju, Aged about 42 yrs, Occu : Business, R/o.Flat No.401, Sri Pavithra Residency, Near Old Age Home, Nizampet Village, Bachupally Mandal, Medchal-Malkajgiri District, Rep., by his GPA Holder Sri Gadiraju Latchi Raju and another .....Petitioners And The State of Telangana, Rep., by its Principal Secretary, Registration and Stamps Department, Secretariat, Hyderabad & others.

.....Respondents The Court made the following:

- 2 - THE HONOURABLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION NO.24704 OF 2019 ORDER:

Heard learned counsel for the petitioners and learned Government Pleader for Revenue.

2.

The document presented by the petitioners was refused for registration on two grounds. The first ground is with reference to the District Gazette Notification dated 25.09.2013. A similar Gazette notification was issued on 26.09.2013. The said notification was considered by this Court in W.P.No.19069 of 2014. By order dated 25.08.2014 the same was set aside and held the Notification dated 26.09.2013 as not valid. However liberty was granted to the Government to take appropriate steps to protect the Government Property. Therefore, refusal of document for registration on this ground is not valid. 3.

With reference to second ground, petitioners have remedy of appeal before the District Registrar. Without availing the remedy of appeal, this writ petition is filed. This Court is not inclined to entertain the writ petition at this stage, when petitioners have effective and efficacious remedy of appeal, wherein they can agitate all aspects including the issue of validated document as a link document.

4.

Thus, granting liberty to petitioners to avail the remedy of appeal on second aspect of rejection and directing the District Registrar-2nd respondent to consider the appeal objectively as and when preferred by the petitioners, the Writ Petition is disposed of. If petitioners succeed before the appellate authority on second objection, the registering authority shall undertake

- 3 - processing of document for registration without reference to the Gazette Notification dated 25.09.2013. Pending miscellaneous petitions, if any, shall stand closed.

___________________ P.NAVEEN RAO, J 11th November, 2019 Rds