THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.19817 of 2025

ORDER:

Heard learned counsel for the petitioner and Smt S.Sravanthi, 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 issue a writ direction or order more particularly one in the nature of a Writ of Mandamus questioning the order of the Respondent No.5 in Lr.No.1954/ROOB/2024 dated 27/11/2024 refusing to receive and register the sale deeds of the Petitioner dated 23.10.2024 pertaining to Arine Emerald in B.K.Enclave, Plot Nos.50 and 51 constructed in an extent of 800 sq. yards in Sy.No.44/4 (Old 44) situated at Maktha Mahabubpet Village, Serilingampally Mandal, Ranga Reddy District, basing upon a letter issued by the Respondent No.3 in Lr.No.E/3387/2024 dated 03.10.2024 despite the several orders of this Hon’ble Court on the same subject matter for being illegal, arbitrary and violative of provisions of the Registration Act, 1908 and consequently set aside the letters dated 27.11.2024 of Respondent No.5 and letter dated 03/10/2024 of the Respondent No.3 and direct the respondent No.5 to receive and register the sale deeds/documents of the petitioner’s flats in ‘Arine Emerald’ Plots Nos.50 and 51 B.K.Enclave in an extent of 800 sq.yards in Sy.No.44/4 (Old 44) Maktha Mahabubpet Village, Serilingampally Mandal, Ranga Reddy District and pass…”

3. The learned counsel for the petitioner has submitted that on earlier occasion, this Court passed order in W.P.No.33090 of 2023 dated 06.12.2023 and directed the respondent authorities to register the documents presented /pending before the respondent authorities with regard to the same survey number without reference to the notification dated 26.09.2013. The subject land in the present writ petition also pertains to the same survey number and also similar letter issued by the respondent No.3 in Lr.No.E1/3387/2024, dated 03.10.2024. In view of the same, the respondent No.5 issued impugned Lr.No.1954/RO(OB)/2024, dated 27.11.2024

4. Learned Assistant Government Pleader has not disputed the disposal of W.P.No.33090 of 2023 dated 06.12.2023 and further stated that the petitioner without presenting the document approached this Court by filing the present writ petition. If the petitioner presented the document, the respondents will follow the procedure contemplated under Section 71 of the Registration Act, 1908 (for short, ‘the Act, 1908’).

5. Recording the above submission made by learned counsel on either side and without expressing any opinion on the merits of the case, this writ petition is disposed of directing the Registering Authority to receive, register and release the subject document(s) presented by the petitioner, without reference to the letter dated 03.10.2024 issued by the respondent No.3, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899. It is also open to the Registering Authority to refuse to register the documents by specifically assigning the reasons in terms of Section 71 of the Act, 1908 and communicate the said decision to the petitioner.

6. 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. If any proceedings/suit/appeal pending between the executants of the document/government or any other interested party, the registration of the document will be subject to the result of that proceedings/suit/appeal.

7. Accordingly, this writ petition is disposed of. No order as to costs.

Miscellaneous Petitions, if any, pending in this writ petition shall stand closed.

_____________________ JUSTICE K.SARATH Date: 18.07.2025

spk/krk