K.Kapali, S/O.Late Krishna Swamy Iyyer v. State Of Telangana , Rep.By Its Secretary
HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION NO.88 OF 2015 ORDER:
This writ petition is filed seeking a writ of Mandamus declaring the action of the 3rd respondent in not entertaining any document for registration in respect of Plot No.110, H.No.110 in Survey No.74/12 admeasuring 266 Sq.yards at Road No.2, Timurthi Colony, Mahendra Hills, East Marredpally, Secunderabad, as illegal and arbitrary.
2. The case of the petitioners is that the 1st petitioner has purchased the said property from his vendor under registered sale deed dated 28.07.1978 and since then, he has been in possession and enjoyment of the same, by constructing a house after obtaining necessary approval. The 1st petitioner with an intention to sell the said property to the 2nd petitioner, went to the office of the 3rd respondent along with the 2nd petitioner for registration of the document, but the 3rd respondent refused to receive the same on the pretext that the Government imposed ban on registration of the land covered by the above Survey Number. Hence, this Writ Petition.
3. Heard the counsel for the petitioners.
4. In view of the above, the 3rd respondent is directed to receive the document presented by the petitioners, if the same is in order. If the 3rd respondent finds that the document filed by the petitioners cannot be registered because of any prohibition, he shall intimate the same to the petitioners. Otherwise, he can proceed with the registration of the document.
5. Accordingly, the Writ Petition is disposed of. No costs. Miscellaneous petitions, pending if any, shall stand closed.
_____________________ A.RAJASHEKER REDDY, J Date: 07.01.2015 va/md