LAWS(TLNG)-2022-10-84

ABBURI UMA MAHESWARA RAO Vs. STATE OF TELANGANA

Decided On October 13, 2022
Abburi Uma Maheswara Rao Appellant
V/S
State of Telangana Respondents

JUDGEMENT

(1.) Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue for the respondents.

(2.) It is the case of the petitioners that one K.S.Amarnath had purchased the land admeasuring Acs.5.33 gts., situated in Sy.No.186 of VattinagulaPally Village, the then Rajendra Nagar Mandal, Ranga Reddy District in the year 1996 under a registered sale deed bearing document No.10088/2002. However during his life time, the said extent of land was not mutated in his name as he was otherwise busy. It is the further case that after the demise of said K.S.Amarnath, his wife and son stated to have succeeded to the said interest and executed an Agreement of Sale cum GPA, dtd. 28/8/2019 in favour of the petitioners herein.

(3.) When the said document was presented for registration before respondent No.4, the same was assigned pending No.648/1998. But finally the same was returned by respondent No.4 on the ground that respondent No.2 herein issued instructions through circular Memo No.G3/5079/2018, dtd. 20/5/2019, stating that the provisions of Sec. 6(B) and Sec. 6(D) of the Telangana Rights in Land and Pattadar Pass Books Act, 1971 (for short 'the Act, 1971'), applies equally to the Agreement of Sale cum GPA. Aggrieved thereby, the petitioners filed an appeal before respondent No.3 herein and respondent No.3, by an order dtd. 11/10/2019, dismissed the said appeal confirming the refusal order passed by respondent No.4. Aggrieved by the said refusal order dtd. 13/9/2019 and the appellate order dtd. 11/10/2019, the present Writ Petition is filed while challenging the circular Memo No.G3/5079/2018, dtd. 20/5/2019.