2024 Supreme(Online)(Telangana) 48161
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N.V. SHRAVAN KUMAR, J
ALLE YASHODA – Appellant
Versus
THE STATE OF TELANGANA – Respondent
WP/6571/2024
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.6571 of 2024
ORDER
Heard learned counsel for the petitioners and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission.
2. This writ petition is filed seeking the following prayer:
“to declare the proceedings of the 7th respondent No.B/1582/2018, dated 26.07.2018 and consequential action of the respondent No.4 in not receiving and issuing challan for registration of the sale deed documents of the writ petitioners herein pertaining to their residential plots under the guise of said proceedings of the respondent No.7 as illegal arbitrary and contrary to contrary to section 17 read with 22-A and section 71 of Indian Registration Act and consequently direct the respondents to receive and admit the sale deed documents of the petitioners 1 to 11 herein the Petitioner No.1 Plot No.136 admeasuring 266.66 square yard in Sy No.14, Petitioner No.2 Plot No.135 admeasuring 266.66 square yard in S No.14, Petitioner No.3 Plot No.134 admeasuring 266.66 square yard in Sy No.14, Petitioner No.4, H.No.5-100/1/1, admeasuring 120.00 Square Yard Sy No.122, Petitioner No.5 Plot No.33 admeasuring 200.00 square yard in Sy No.29 Petitioner No.6 Plot Nos.55 and 56 Part and Flat No.204 admeasuring 25 square yard, 900 Sft in Sy No. 80 Petitioner No 7, Plot admeasuring 182.00 square yard in Sy No. 129, Petitioner No.8 H.No.4-100003, admeasuring 123.53 Square Yards in Sy No.119 and 120, Petitioner No.9 Plot No.17 admeasuring 200.00 square yards in Sy No.29, Petitioner No.10, Plot admeasuring 231.00 square yard in Sy No.118, Petitioner No.11 Plot No.219 and H No.1-81/4/4/3/1/3/2/A/1 admeasuring 266.66 square yards in Sy No.15 respectively of Rekurthy Village and Gram Panchayat Kothapalli Mandal and ZillaParishad and within Municipal Corporation and District Karimnagar by setting aside the proceedings of the 7th respondent No B/1582/2018, dated 26.07.2018”.
3. Learned counsel for the petitioners submits that petitioners are the absolute owner and possessor of the subject properties and intends to sell the subject properties in favour of third party and accordingly petitioners approach Registering Authority to register the sale deed, however the but the Registering Authority are refusing to receive and process the subject properties without assigning any reasons.
4. Learned counsel for the petitioners further submits that this Court in WP No.44223 of 2018 has elaborately dealt the same issue wherein at para No.6 and 12, which reads as :
“6. In the present writ petitions, the Tahsildar, Kothapally addressed a letter dated 26.07.2018 to the Sub-Registrar, Gangadhara village requesting not register any properties till final orders are passed in W.P. Nos. 24485 of 2003, 25622 of 2003, 25824 of 2003, 25825 of 2003, 25826 of 2003, 25827 of 2003, 25829 of 2003 and 84 of 2004. Subsequently, a note Endt.No.PC/3187/2018 dated 28.07.2018 was addressed by the District Registrar, Stamps and Registration, Karimnagar to the Sub-Registrar, Gangadhara to restrain fromregistering properties appended to the said note dated
28.07.2018.
12. It is also relevant to note that Mr. G.V. Mallikarjuna Rao, learned counsel appearing for respondent No.6 in the said batch of 2003 writ petitions, had filed a memo dated 18.11.2021 stating that the land in 2003 batch writ petitions is in particular Survey Numbers and its respective extents, which is specifically mentioned below:
Survey Number
Ext ent of l and in disput e
Sy No.6
Ac.2-34 Gt s
Sy No.27
Ac.2-12 Gt s
Sy No.44
Ac.0-38 Gt s
Sy No.20
Ac.1-32 Gt s
Sy No.50
Ac.3-03 Gt s
Sy No.216
Ac.0-30 Gt s
Sy No.18
Ac.9-28 Gt s
Sy No.26
Ac.2-09 Gt s
Sy No.27
Ac.1-28 Gt s
Sy No.58
Ac.3-35 Gt s
Sy No.194
Ac.88-21 Gt s
Sy No.186
Ac.17-35 Gt s
Sy No.157
Ac.2-05 Gt s
Sy No.158
Ac.0-12 Gt s
5. Learned counsel for the petitioners submits that the pet