Smt. Balya Kiranmai vs The State of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE EIGHTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE A.

ABHISHEK REDDY WRIT PETITION NO: 35140 oF 2022 Between: AND Smt.

Balya Kiranmai, W/o Sri Balya Madhu Goud, Aq Occ: Housewife, RJo H.No.3-16-110/745.

Vasavi Mandal, Medchal-Malkajgiri District. ed about 28 years, Nagar, Ramanthapur, Uppal ...PETITIONER 1.

Ttte State of Telangana, Rep. by its Principal Secretary, Revenue ^ (Registration and Stamps) Department, Secretariat Building, Hyderabad 2.

The Commissioner and lnspector General of Registration and Stamps, Telangana State at Hyderabad.

3.

The Sub-Registrar, Uppal, Medchal-Malkajigiri District.

4.

The District Collector, Medchal-Malkajigiri bistrict.

5.

The Hy.derabad Metropolitan Development Authority, Represented by its Commissioner, Ameerpet, Hyderabad. ...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 to issue a Writ, Order or Direction, more particularly, one in the nature of Writ of Mandamus, by declaring the action of the 4th respondent in not communicating to the 3rd respondent of the De-Notifying and deleting the property of the petitioner from prohibition list of properties under section 22-A of Registration Act, as arbitrary, illegal, unlawful, without jurisdiction and contrary to the provisions of the Registration Act, 1 908 and in violation of Article 14 of Constitution of lndian and consequently to direct the respondent Nos.

3 and 4 to receive, register and release the Sale Deed presented by the petitioner in respect of the piece and parcel of Plot No.'13lPart, in Survey Nos.5912 and 6312, admeasuring 68 Sq.Yards., or 56.84 Sq.Mtrs., situated at Block No.

Block No.1, Ramanthapur Bagayath, under GHMC, Uppal Circle, Uppal Mandal, Medchal- Malkajgiri District, Telangana State, by De-Notifying the same under section 22-A of Registration Act. il2il lA NO: 1 OF 2022 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 respondent Nos.3 and 4 to receive, register and release the Sale Deed presented by the petitioner in respect of the piece and parcel of Plot No.13/Part, in Survey Nos.59/2 and 63/2, admeasuring 68 Sq.Yards., or 56.84 Sq.Mtrs., situated at Block No.1, Ramanthapur Bagayath, under GHIt/C, Uppal Circle, Uppal Mandal, Medchal-Malkajgiri District, Telangana State, by De- Notifying the same under section 22-A ol Registration Act, during the pendency of the above writ petition.

Counsel for the Petitioner: SRl.

METTU SHANKAR Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI V.

NARASIMHA GOUD, SC FOR HMDA The Court at the stage of admission made the following: ORDER THE HON'BLE SI(I JUS'IICE A.

ABTIISHEK REDDY WRIT PETITION No.35140 of 2022 This writ petition is filed seeking a writ of nnndrurtus directing the respondent Nos.3 and 4 to receive, registcr antl release the sale deed presented by the petitioner in respect of subject propcrty situated at Block No.1, Ramanthapur Bagayath, Uppal Mandal, Meclchal_Malkajgiri District.

Learned counsel for the petitioner has statetl that in similar circumstances, this Court has passed orders in W.p.No,2g224 of 2022, dated 22.07.2022, and prayed this Court for passing similar orcler in the The above said submission is not disputed by the learned Government Pleader Having regarci to the order datetl 22.07.2022 passed by this Court in W.P.No.28224 of 2022, without going ir. going ir.rto thc mcrits or rlemerits of the ( ( / ORDER: Heard the learned counsel for the petitioncr, the learne<i Government Pleader for Revenue appearing for respondent Nos.1 to 4, and Sri V.

Narasimha Goud, the learnecl Standing Counsel for HMDA appearing for respondent No.5.

With their consent, the present Writ Petition is being clisposed of at the stagc of admission. prescnt writ petition.

I To, case, this Writ Petition is disposed of directing the respondent No.3 _ Sub Registrar, Uppal, Medchal-Malkajgiri District to receive and process the sale decd presented by the petitioner in respect of thc subject property, without reference to the Notification issued by the'respondent No.4 arde Nocl/3677/2005, dated 05.07.2006, pubrished in Andhra pradcsh Gazette Notification in R.R.No.40, dated 06.07.2006, if the same is otherwise in compliance with the provisions of the Registration Act, 190g, and Indian Stamp Act, 1899.

Miscellaneous petitions pending, if any, shall stand closed.

Thcre shall be no order as to costs. ,TRUE COPY// 4 5 u CHR il""'e!f 5"9ffi ,yBp^x;[?liixigl,j?bnJ'JBi',,,., Iy$fr?,|:,GP ror Revenu""H,gh CJr"ft'r;'. i-nf'st"tu or reransana at ffS 33 to Sri ,V.

Narasimha Goud, SC FoR HMDA [opUC] One Spare bopy 1 2 3 I I 2 Sd/- B.

SATYAVATHI DEPUTY REgI2TRAR SECTION OFFICER I N-" HIGH COIJRT AAR,J DATED:0810912022 ORDER W.P.No.35140 of 2022 DISPOSING OF THE WRIT PETITION AT THE STAGE OF ADMISSION WITHOUT COSTS 26 sEP ?$7l ..,'/. -../: ,/ {v1k 'Y!