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2024 Supreme(Online)(Telangana) 53446
[ 32s5 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE TWELFTH DAY OF I\iIARCH
TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR
WRIT PETITION NO: 4919 OF 2024
Between:
Talla Somi Reddy, S/o Talla Surya Narayana Reddy, Aged about 6lyears,
Occ. Business, R/o H.No. 12-7111 , Sri Krishna Nialayam, Shanthi Nagar,
Patancheru Town and [.ilandal, Sangareddy District
...PETITIONER
AND
1. The State of Telangana, Rep. by its Principal Secretary Revenue
(Registration and Stamps) Department Secretariat, Hyderabad
2. The Commissioner and lnspector General Registration and Stamps
Department, Government of Telangana, Ir,,4.J.Road, Hyderabad
3. The District Registrar, Registration and Stamps Department, Sangareddy
District, Sangareddy
4. The Joint Sub Registrar-|, Registration and Stamps Department, RO (OB),
Patancheru, Sangareddy District
5. The District Collector, Sangareddy District, Sangareddy
...RESPONDENTS
Petition under Article 226 of lhe Constitution of lndia praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be
pleased lo issue a Writ, Order or Direction more particularly one in the nature of
Writ of Certiorari by calling for the records relating to and in connection with the
4th Respondent's refusal order dl.14lO2l2o24 communicated vide Memo No.
7812024, dt.1410212024 and quash the same and further direct the 4th
Respondent to register and release the document P.No.66/2024.
lA NO: 'f OF 2024
Petition under Section 151 CPC praying that in the circumstances stated
in the affidavit filed in support of the petition, the High Court may be pleased to
direct the 4th Respondent to register document P-No. 66/2024, executed on
07.O2.2O24, without reference to any instructions issued by the 5th Respondent,
including Lr.No. F'l12051/06, dt. 28.O1 .2O17 and release the same to the
Petitioner, pending disposal of the Writ Petition.
Counsel for the Petitioner: SRI P. ROY REDDY
Counsel for the Respondents: ASST. GP FOR STAMPS & REGISTRATION
The Court made the following: ORDER
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION No.4919 of 2024
ORDER
Heard learned counsel for the petitioner 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 lollowing relief "to call for the records relating to and in connection with the 4th Respondents refusal order dated 14 l02l2024 communicated vide Memo No 7a12O24, dt 14lO2/2O2a aod quash the same and further direct the 4m Respondent to register and release the document P No.66/2O24."
3. Learned counsel for the petitioner submits that the sale deed was presented before registering authority for registering, after duly paying the requisite stamp duty. However, the registering authority had refused to register the document and the same was informed to the petitioner, vide Memo No.78 12024, dated 14.O2.2024. The relevant portion of the said letter is extracted hereunder:
- "The District Collector, Sangareddy has directed not to entertain ang sale transaction on the lands transacted by the Industial Emplogees Co-op House Building Societg Vide Lr.No.Fl/ 2051/ O6, 28.01.2017 read uith G.O.Ms.No.1O77, dated O7-08.2OO7. In uieu of the aboue pending d.ocument being No.66/ 2024 has been refus e d I he re gi stration.
4. Learned counsel for the petitioner submits that the Lr.No.F1/2o51/O6, dated 28.1I.2006 and 28.01.2017 and G.O.Ms.No.1077, dated. 07.O8.2OO7 is set aside by this Court in WP No.9604 of 2O2O and batch, dated 28.02.2023 and the paragraph Nos.9 and 1O of the order, reads under:
- "9. In the light of the aboue, the impugned orders passed bg the respondents in th-ese batch of Wit Petitiott s by refedng to the letters of the District Collector, Songa Reddg Distict i.e. Lr.No.Fl/2051/06 doted 28.11.2006 and 28.01.2O17 and G.O.Ms.No.1077 dated 07.08.2007 are unsustainoble and accordinglg, theg are herebg set aside and consequentlg, the respondent-registering authoities are directed to receiue th.e retunted doatments couered bg impugned refusal orders in the respectiue Wnt Petitions and process the same for registration uithout reference to the Lr.No.Fl/2051/ O6 dated 28.11.2006 and 28.01.2O17 and G.O.Ms.No.1O77 dated 07.08.2007 and complete tlrc process in accordance u-tith law uithin a peiod of three (3) uLeeks from tLe date of presentation of the retumed docaments bg the respectiue petitioners and release the same in fauour of the respectiue petitioners, subject to the said document complying with the requirements of the Registration Act, 19OB and the Indian Stamp Act, 1899.
10. Accordingly, all the Wit Petitions are alloued, os indicated aboue'
5. Learned counsel for the petitioner further pray this Court to dispose of the present writ petition in terms of the order passed by this Court in W.P.No.96O4 of 2O2O and batch, dated 28.02.2O23 as the t]
- reasons stated in the refusal order dated 14.02.2024 herein is one and the same.
6. Learned Assistant Government Pleader for Stamps and Registration appearing for respondents has not disputed the same and fairly submits that similar order may be passed in this writ petition.
7. Recording the above submission made by learned counsel on either side, and the reasons alike in W.P.No.9604 of 2O2O and batch, dated 28.02.2023, the Registering Authority is directed to receive, register and release the subject document(s), without reference to Lr.No.Fl/2051/O6, dated 2a.II.2OO6 and 28.01.2Ot7 and G.O.Ms.No. 1077 dated 07.O8.2OO7, subjecr to the petitioner
