Telangana High Court
Marikanti Rajender Reddy vs The State Of Telangana And 3 Others on 26 August, 2021
Author: P.Naveen Rao
Bench: P. Naveen Rao
HONOURABLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION No. 19645 of 2021
Date : 26.8.2021
Between:
Marikanti Rajender Reddy
S/o M Jangi Reddy Aged about 40 Years Occ Business
RIo 46 Mort Street Black Town N S W 2148 Australia
Petitioner
And
The State of Telangana and 3 others
Rep by its Principal Secretary Revenue Department
Stamps and Registration Secretariat Hyderabad
& others
Respondents
The Court made the following:
2
HONOURABLE SRI JUSTICE P. NAVEEN RAO
WRIT PETITION No. 19645 of 2021
ORAL ORDER:
Heard Sri Praveen Kumar Challa, learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue for the respondents. With their consent, the Writ Petition is disposed of at the stage of admission.
2. In this writ petition, petitioner seeks the following relief:
"to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the order of 3rd respondent No 117/2021/R00B dated 22/04/2021 refusing to register the Sale Deed dated 19/04/2021 in respect to Plot No. 119 admeasuring 111 Sq yards out of total extent of 500.00 Sq Yards in Sy No. 5/3 situated at Nandi Hills Mutually Aided Co-operative Housing Society Ltd Layout RaidurgPanmaktha village, Serilingampally Mandal Ranaga Reddy District basing on the alleged notification dated 26/09/2013 issued by the 4th respondent which is already set a sided by this Honourable court as being illegal arbitrary discriminatory and violative of Article 14 of the Constitution of India and consequently direct the 3rd respondent to register the document without reference to the proceedings of the District Collector dated 26/09/2013 and to pass.."
3. The main grievance of the petitioner is that the official respondents are not registering the documents presented by the petitioner in respect of the Plot No. 119 admeasuring 111 Sq yards out of total extent of 500.00 Sq Yards in Sy No. 5/3 situated at Nandi Hills Mutually Aided Co Operative Housing Society Ltd Layout, Raidurg Panmaktha Village, Serilingampally Mandal, Ranga Reddy District. The learned counsel for the petitioner has 3 submitted that on earlier occasions, this Court in W.P.No.5598 of 2020, dt.12.03.2020, W.P.No.1436 of 2020, dt.04.01.2020, and W.P.No.1894 of 2018, dt.24.01.2018, has passed orders directing the registration of the documents pending before the authorities and the subject land of the present writ petition also pertains to the said survey number. The above position is not disputed by the learned Assistant Government Pleader and he fairly conceded for passing similar order in this writ petition.
4. In view of the above submissions, the Writ Petition is disposed of directing the Registering Authority to receive and process the subject document without reference to the District Gazette Notification, dated 26.09.2013, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899. It will be 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 Collector to take appropriate steps as warranted by law and to assert its title. It is made clear that the order of the Special Court in I.A.No.353 of 2004 in L.G.C.No.13 of 2004 (Renumbered as L.G.O.P.No.1083 of 4 2016 on the file of the XV Additional District Judge, Miyapur) shall be binding on the petitioner and her vendor(s), and the transaction in question shall be subject to the result of the L.G.O.P. and the petitioner shall not claim any equities. The miscellaneous petitions pending, if any, shall stand closed. There shall be no order as to costs.
_________________ P.NAVEEN RAO, J Date: 26.8.2021 Tvk 5 HONOURABLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION No. 19645 of 2021 Date : 26.8.2021