Telangana High Court
Vonteri Suryanarayana Reddy vs State Of Telangana And 3 Others on 17 August, 2021
Author: P.Naveen Rao
Bench: P.Naveen Rao
THE HON'BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.18933 of 2021
Date:17.08.2021
Between:
Vonteri Suryranarana Reddy,
S/o. Sri V. Bhoom Reddy,
Aged about 59 years, Occ: Doctor,
R/o.House No.3-4-69, Civil Hospital
Road, Karimnagar .. Petitioner
And
State of Telangana, rep., by its
Principal Secretary, Revenue (Stamps
And Registration) Department,
Secretariat, Hyderabad and others .. Respondents
The Court made the following:
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THE HON'BLE SRI JUSTICE P.NAVEEN RAO
WRIT PETITION No.18933 of 2021
ORDER:
The prayer sought in the writ petition reads as under:
"... to issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 3rd respondent in not receiving, registering and releasing the Sale Deed submitted by the petitioner in respect of the Plot No.119/A consisting of Ground Floor and First Floor in Survey No.5/3 admeasuring 500 Square Yards or 417 Square Meters situated at Nandi Hills of Raidurg Panmaqtha Village, Serilingampally Mandal under GHMC Serilingampally Circle, Ranga Reddy District, as illegal, arbitrary, contrary to law, violative of the provisions of the Registration Act, 1908, discriminatory unconstitutional and in violation of Articles 14 and 300-A of the Constitution of India and consequently set aside the said Notification dated 26.09.2013 of the 4th respondent and direct the 3rd respondent to receive register and release the sale Deed document presented by the petitioner in respect of the aforesaid property without reference to the notification of the 4th respondent dated 26.09.2013 and without insisting for any clearance from the Revenue Authorities and pass such other order or orders as are deemed fit and proper in the circumstances of the case."
2. Heard Sri Srikanth Kaveti, learned counsel for the petitioner, and the learned Assistant Government Pleader for Revenue. With their consent, the writ petition is disposed of at the stage of admission.
3. The main grievance of the petitioner is that the official respondents are not registering the document presented by the petitioner in respect of the Plot No.119/A consisting of Ground Floor and First Floor in Survey No.5/3 admeasuring 500 sq. yards or 417 sq. meters situated at Nandi Hills of Raidurg, Panmaqtha Village, Serilingampally Mandal, under GHMC Serilingampally Circle, Ranga Reddy District.
4. The learned counsel for the petitioner has submitted that on earlier occasions, this Court in W.P.No.5598 of 2020, dated 12.03.2020, W.P.No.1436 of 2020, dated 04.01.2020, and W.P.No.1894 of 2018, dated 24.01.2018, has passed orders directing -3- 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.
5. The above position is not disputed by the learned Assistant Government Pleader and he fairly conceded for passing similar order in this writ petition.
6. 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/receive 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 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. Pending miscellaneous petitions, if any, shall stand closed.
___________________ P.NAVEEN RAO, J Date:17.08.2021 KH -4- THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.18933 of 2021 Date:17.08.2021 KH