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(sHow CAUSE NOTTCE BEFORE ADMTSS|ON)
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
(Special Original Jurisdiction)
TUESDAY, THE THIRTIETH DAY OF APRIL
TWO THOUSAND AND TWENTY FOUR
:PRESENT:
THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR
WRIT PETITION NO: 8635 OF 2024
Between:
1. Kothapalli Nagaraju, S/o. Late K. Narayan Raju
2. C.N. Chiranjeevi Reddy, S/o. C.N. Chandra Sekhar Reddy
...Petitioners
AND
'l . The State of Telangana, Rep. by its Principal Secretary, Stamps and
Registration Department, Secretariat, Hyderabad.
2. The District Collector, Ranga Reddy District.
3. The District Registrar, Ranga Reddy District.
4. The Joint Sub-Registrar-l and 2, RO (OB), District Register Office, Ranga
Reddy District.
...Respondents
WHEREAS the Petitioners above named through their Advocate
M/s. S. SRIDHAR presented this 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 to issue a Writ, Order or direction more particularly one in the
nature of Writ of Mandamus, declaring the proceedings in Lr.No.ESl2B25l2021
dated 10"06.2021 and 29.09.2021 issued by 2nd respondent in so far as including
lands in Survey Nos.41 112 and 41113 ot Khanamet Village, Serilingampally Mandal,
Ranga Reddy District, as illegal, arbitrary and without jurisdiction and consequently
direct the 4th respondent herein to forthwith register and release the General Power
of Attorney (bearing P.No.14612024) dated 01.03.2024 presented by petitioners in
respect of Part and parcel of the land' admeasuring 5445 Sq. Yards in Survey
No.41113/A, situated at Khanamet Village, Serilingampally Mandal, Under GHMC
Serilingampally Circle, Ranga Reddy District, without reference to Letter bearing
Lr.No.E5/2825l2021 daled 10.06.2021 and 29.O9.2021 issued by the 2nd respondent.
AND WHEREAS the High Court upon perusing the petition and
affidavit filed herein and upon hearing the arguments of M/s. S. SRIDHAR Advocate
for the Petitioners and the learned Government Pleader for Stamps and
Registrations, who takes notice on respondent Nos.1 to 4, directed issue of notice to
the Respondents herein to show cause as to why this WRIT PETITION should not
be admitted.
You viz:
1. The Principal Secretary, Stamps and Registration Department, State of
Telangana, Secretariat, Hyderabad.
2. The District Collector, Ranga Reddy District.
3. The District Registrar, Ranga Reddy District.
4. The Joint Sub-Registrar-'l and 2, RO (OB), District Register Office, Ranga
Reddy District.
are directed to show cause on or before 09-07 -2024 to which date the case stands
posted as to why in the circumstances set out in the petition and the affidavit filed
therewith (copy enclosed) this WRIT PETITION should not be admitted.
lA NO: 1 OF 2024
Petition under Section 151 CPC praying that in the circumstances stated in
the affidavit filed in support of the writ petition, the High Court may be pleased to
direct the 4rh respondent herein to forthwith register and release the General Power
of Attorney (bearing P.No.14612024) dated 01.03.2024 presented by petitioners in
respect of Part and parcel of the land admeasuring 5445 Sq. Yards in Survey
No.41113/A, situated at Khanamet Village, Serilingampally Mandal, Under GHMC
Serilingampally Circle, Ranga Reddy District, without reference to Letter bearing
Lr.No.E5/282512021 daled 10.06.2021 and 29.09.2O21 issued by the 2nd respondent
as directed in W.P.No.5206 oI 2024 dated 06.03.2024 forthwith, pending disposal of
WP.No.8635 o'f 2024, on the file of the High Court.
THE COURT MADE THE FOLLOWING ORDER:
Notice before Admission.
Learned Government Pleader for Stamps and Registrations takes notice
on respondent Nos.'l to 4 and seeks time to file counter.
Learned counsel for petitioner stated that this Court while dealing with
similar issue in W.P.No.5206 ol 2024 by order dated 06.03.2024 has passed the
following order:-
"ln the present case on hand, in the letter dated 10.06.2021 vide
Lr.No.E5/2825/2021 issued by Collector and District Magistrate to District
Registrar, Sfamps and Registration, the updated list ot prohibited lands have
been furnished and a list of prohibited lands was also enclosed along with the
said letter for taking necessary action. ln the said list, the subject Sy.Nos.41/12
and 41/13 admeasuring Ac.5-00 gts., and Ac.4-00 gts., respectively were shown.
ln the said order of the Hon'ble Division Bench of this Court cited supra
in paragraph 30, while referring to paragraph Nos.155 and 156 of the judgment
of the Hon'bte Futl Bench of this Court in the case of Vinjamuri Rajagopala
Chary v. Revenue Department at (vi) held as follows:
vi) The properties covered under clause (e) of Section 22-A shall be notified in
the official gazetle of the State Governments and shall be forwarded, along with
the list of properties, and a copy of the relevant notification/gazette, to the
concerned registering authorities under the provisions of Registration Act and
shall also place the said notification/gazette on the aforementioned websites of
both the State Govemments. The Registering authorities shall make available a
copy of the Notification/Gazelte on an application made by an aggrieved party.
Admittedly, there is no notification subsequent to the letter issued by
Collector to the District Registrar dated 10.06.2021 to place the subject lands in
the prohibitory list.
Thus, Respondent No.3 - Sub-Registra r, Serilingampally, Ranga Reddy
District, is
directed to receive and register the Sa/e deed that would be
presented by the petitioner in respect of the subject property i.e., Plot bearing
No.2-41/5/2 on eastern part of plot bearing No.1, admeasuring 100 sq.yds in
Sy.No.41/12 and 41/13 situated at rest of area not covered in any colony of
Khanamet Village, Serilingampally mandal, Ranga Reddy District and release
the said document without reference to the letler issued by respondent No.4
vide letter No.E5/2825/2021. However, the document presented shall be in
accordance to law, more pafiicularly, the provisions of the Registration Act,
1908 and the lndian Stamp Act, 1899. However, such registration would be
subject to the final result of this writ Petition. lt is clarified that mere
registration of the document will not confer any right on the petitioner and
would be subject to the final result of the Writ Petition. The parties of the
document shall not enter into further transactions in respect of the subject
property except on obtaining required permission from this Court.
Registry is directed to make an endorsement on the writ Petition to the
effect that the same shall not be permitted to be withdrawn."
ln similar circumstances, this Court in W.P.No.32726 of 2023 dated
01.12.2023 and W.P.No.31619 of 2021 dated 27.12.2021 pertaining to same
survey numbers has directed the respondent authorities to receive, register
and release the documents presented by the petitioner.
Learned Government Pleader for Stamps and Registrations has not
disputed the same.
ln view of the above and for the reasons alike in the orders dated
27 .12.2021 , 01.'12.2023 and 06.03.2024 this Court deems it appropriate to permit
the petitioner to proceed with the transaction subject to the final orders that
would be passed in this Writ Petition.
Thus, Respondent No.4-Joint Sub-Registrar-1 and 2, RO(OB), Ranga
Reddy District is directed to receive, register and release the General Power of
Attorney sought to be submitted by the petitioner for the purpose of
registration of land admeasuring 52145 sq.yds., in Sy.No.41l13/A, situated at
Khanamet Village, Serilingampally mandal, Ranga Reddy District, without
reference to the letter date 10.06.2021 communicated by the 2nd respondent.
However, the document presented shall be in accordance to law, more
particularly, the provisions of the Registration Act, 1908 and the lndian Stamp
Act, 1899. However, such registration would be subject to the final result of
this writ Petition. lt is clarified that mere registration of the document will not
confer any right on the petitioner and would be subject to the final result of the
Writ Petition. The parties to the document shall not enter into further
transactions in respect of the subject property except on obtaining required
permission from this Court.
f Registry is directed to make an endorsement on the writ Petition to the
effect that the same shall not be permitted to be withdrawn.
List on 09.07.2024, for counter.
SD/.MGI{I}. ISMAU_,
ASSISTANT REGIST{{IT
,TRUE COPY//
s
^l
SECTION OFFICER
To,
1 . The PrincipalSecretary, Stamps and Registration Department, State of
Telangana, Secretariat, Hyderabad.
2. The District Collector, Ranga Reddy District.
3. The District Registrar, Ranga Reddy District.
4. The Joint Sub-Registrar-1 and 2, RO (OB), District Register Office, Ranga
Reddy District (RR 1 to 4 by RPAD along with a copy of petition and affidavit).
5. One CC to M/s. S. SRIDHAR, Advocate [OPUC].
6. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the
State of Telangana at Hyderabad [OUTj.
7. The Section Officer, WP(Non-Service), High Court for the State of Telangana
at Hyderabad.
8. One spare copy
ZEE
HIGH COURT
NVSKJ
DATED:30/0412024
LrsT oN 09.07.2024
NOTICE BEFORE ADMISSION
WP.No.8635 of 2024 --#:::*\
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DIRECTION :i **