Telangana High Court
WP/36814/2021 of M/s Vaslogistructure Corpo Vs The State of Telangana and 3 others on 30 December 2021
THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY , THE THIRTIETH DAY OF DECEIVBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY WRIT PETITION NO: 36814 0F 2021 Between: I\//s Vaslogistructure corpo, a partnership firm having its
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD(Special Original Jurisdiction)
THURSDAY ,THE THIRTIETH DAY OF DECEIVBERTWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE SRI JUSTICE B.VIJAYSEN REDDY
WRIT PETITION NO: 36814 0F 2021
Between:
I\//s Vaslogistructure corpo, a partnership firm having its registered office at 2D,Nandanavanam. V^eng_al Rao Nagar, Hyderabad, rep. b-y its H/a-naging partner, Sri T.Srinivas, S/o Late Sri T. HanumanthaR-ao, aged 53 yeais.Nandanavanam. V^eng_al Rao Nagar, Hyderabad, rep. b-y its H/a-naging partner, Sri T.Srinivas, S/o Late Sri T. HanumanthaR-ao, aged 53 yeais.
...PETITIONER
AND
'1 . The State of T_elangana, rep. By its Secretary, Revenue (Stamps andRegistration) Department, Secretariat, Hyderabad.Registration) Department, Secretariat, Hyderabad.
2. The District Registrar, Ranga Reddy District.
3. The Joint Sub-Registrar, Ranga Reddy District.
4. The District Collector, Ranga Reddy District.
...RESPONDENTS
Petition under Article 226 of the Constitltion of tndia praying that in thecircumstances stated in the affidavit filed therewith, the High Court may be pleasedto issue a Writ, Order or Direction more particularly one in the nature of Writ ofcircumstances stated in the affidavit filed therewith, the High Court may be pleasedto issue a Writ, Order or Direction more particularly one in the nature of Writ ofMandamus declaring the action of the respondents in not registering the SaleDeed/mortgage / Release/ conveyance Deed submitted by the petitioner forregistration with regard to the House Plot No.60 and 61 admeasuring 300 and 332sq. yards respectively in Sy.No.18 of Gachibowli village, Serilingampally Mandal,sq. yards respectively in Sy.No.18 of Gachibowli village, Serilingampally Mandal,R.R. District, on the ground of draft notification No.86 dt.26-09-2013 andLr.No.E5/282512021dt.10-06- 2021 and d1.29-09-2021 issued by the 4th respondentand further declare the draft notification No.B6 dt.26-09-2013 andand further declare the draft notification No.B6 dt.26-09-2013 andLr.No.E5/282512021dt.10-06- 2021 and dt.29-Og-2021 issued by the 4th respondent,as highly illegal, arbitrary and set aside the same and consequen y direct the 3rdas highly illegal, arbitrary and set aside the same and consequen y direct the 3rdrespondent to receive, register and release the Sale Deed/ mortgage deed/Release/ conveyance Deed submitted by the petitioner for registration with regard tothe House Plot No.60 and 61 admeasuring 300 and 332 sq. yards respectively inSy.No.18 of Gachibowli village, Serilingampally Mandal, R.R. District, withoutthe House Plot No.60 and 61 admeasuring 300 and 332 sq. yards respectively inSy.No.18 of Gachibowli village, Serilingampally Mandal, R.R. District, withoutreference to the proceedings of the District Collector dt.26-09-2013 and the Lettersdt.10-06-2021 and 29-09-2021.dt.10-06-2021 and 29-09-2021.
Petition under Section 151 CPC praying that in the circumstances stated inthe affidavit filed in support of the petition, the High Court may be pleased to directthe 3rd respondent to receive, register and release the Sale Deed/mortgage /Release/ conveyance Deed submitted by the petitioner for registration with regard tothe House Plot No.60 and 61 admeasuring 300 and 332 sq. yards respectively inSy.No.18 of Gachibowli village, SerilingampallyMandal, R.R. District, withoutreference to the draft notification dt.26-09-2013 and letters d1j0-O6-2021 and 29-09-2021 issued by District Collector, R.R.District pending disposal of the writpetition.
Counsel for the Petitioner:SRl. N M KRISHNAIAH
Counsel for the Respondents: GP FOR REVENUE / GP FOR STAMPS ANDREGISTRATION
The Court made the following: ORDER
""i
To,
THE HON'BLE SRI JUSTICE B.VIJAYSEN REDDY
WRIT PE'I'ITION No.36814 of 2021
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ORDER:
Heard learned counsel tbr the parties.
2. When the matter is taken up, it is submitted by the leamedcounsel for petitioner that the issue involved in this writ petition issquarely covered by the earlier orders passed by this Court inW.P.No.30967 of 2021, dated 29.11.2021.
3. In view of the above submission. for the reasons recorded in theaforesaid order', this wlit petition is disposed o1' directinq theRegistering Authority to receive and process the sub.ject document,without relercnce to the Cazette Notiflcation, dated 26.09.2013 andthe letters dated 10.06.2021 and 29.09.2021 addressed bv the DistrictCollector to the Registration Authorities, subject to the compliance ofthe provisions of the Indian Registration Act, 1908 and the IndianStamp Act, 1899. It is also open to the Registering Authority torefuse registration, by duly assigning reasons for such refusal andcommunicate the same to the petitioner. There shall be no order as tocosts.
Pending miscellaneous applications, if any, shall stand closed.
SD/.I,NAGALAKSHMIASSISTANT REGISTRAR( //TRUE COPY//Il)SECTION OFFICER
1. The Secretary, State of Telangana, Revenue (Stamps and Registration)Department, Secretariat, Hyderabad.
2. The District Registrar, Ranga Reddy District.3. The Joint Sub-Registrar, Ranga Reddy District.3. The Joint Sub-Registrar, Ranga Reddy District.
4. The District Collector, [Ranga Reddy ][District. ]---..-
---..-s. one cc to sri. [N ][M ][KRISFNAIAH ,Advocate ][[oPUC] ]. .6. i;; ccrio [-cp ][for Revenue,High ][Court ][for the State ][of ]- [Telangana ][at]Hyderabad [OUT]6. i;; ccrio [-cp ][for Revenue,High ][Court ][for the State ][of ]- [Telangana ][at]Hyderabad [OUT]?. i,ir;-cc;ig'-cp ior sTAMpS [AND ][REGTSTRATTON ,High ][court ][for ][the State of]Telangana at HYderabad [OUT]Telangana at HYderabad [OUT]8. Two CD CoPies9. One Spare CoPY.9. One Spare CoPY.
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HIGH COURT
DATED:3011212021
ORDERWP.No.36814 of 2021
DISPOSING OF THE WRIT [PETITION]
WITTIOUT COSTS
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1ii?STAiC:Joo2 [4 ][JAN ][2022]