CHINNARAMAIAHGARI SHIVA RAJULU Vs. STATE OF TELANGANA

JUDGEMENT

(1.) Since the issues involved in these writ petitions are common for consideration they are being disposed of by this common order.

(2.) W.P. No.9645 of 2021 has been filed seeking a writ of mandamus to declare the action of the 3rd respondent i.e., Sub Registrar, Qutbullapur, Medchal-Malkajgiri District, in refusing to receive and register the sale deed presented by the petitioners in respect of property House bearing No.03-022, and Plot bearing No.03-022/NR, with a plinth area of 435 sq.fts., Commercial and 400 sq.fts., Residential in Ground Floor and 835 sq.fts., on first floor, thus totally 435 sq.fts., Commercial in Ground Floor and 1235 sq.fts., residential in Ground and first floors, on Plot No.1034, and land admeasuring 142 sq.yds., covered under Block No.3 and Ward No.1, in Sy.No.107, situated at Weaker Sec. Housing Colony, Suraram Colony of Suraram village, Quthbullapur Mandal, and Municipality, under GHMC, Medchal-Malkajgiri district (herein after referred to as 'the subject property') basing on prohibitory list under Sec. 22-A of Registration Act as per the 1. Ranga Reddy District Gazette Notification R.R.No.83, communicated by Joint Collector, Ranga Reddy vide File No.E5/4730/2013/Quthbullapur/ Nizampet dtd. 25/9/2013, 2. Deputy Collector and Tahsildar Quthbullapur Mandal, File No.B/583/2012, dtd. 17/2/2012 and 3. Gazette Notification No.134, dtd. 10/3/2005 and G.O.Ms.No.292, Revenue (Registration.I), 9/3/2005 communicated by Commissioner and Inspector General (R&S), Hyderabad vide File No.G1/4661/2005, dtd. 2/7/2005, is illegal, arbitrary, in violation of Articles 14, 21 and 300-A of Constitution of India and also in violation of Registration Act, 1908 besides in violation of principles of natural justice and consequently direct the respondent No.3 herein to receive and register the sale deed presented by the petitioners, in respect of the House bearing No.03.022, and plot bearing No.03-022/NR, with a plinth area of 435 sq.fts., commercial and 400 sq.fts., residential in ground floor and 835 sq.fts., in first floor, thus totally 435 sq.fts., commercial in ground floor and 1235 sq.fts., residential in ground and first floors on plot No.1034 and land admeasuring 142 sq.yds., covered under Block No.3 and Ward No.107, situated at Weaker Sec. Housing Colony, Suraram Colony of Suraram Village, Quthbullapur Mandal and Municipality, under GHMC, Medchal-Malkajgiri district.

(3.) W.P. No.26353 of 2023 has been filed seeking a writ of mandamus questioning the action of the respondent No.3, Sub-Registrar, Quthbullapur, Medchal-Malkajgiri in not receiving and registering the sale deed presented by the petitioner in respect of all that the House No.28-169/4/2/1 (PTIN No.1151601839), with plinth area of 450 Sft., of RCC in ground floor and 450 Sft., of RCC in first floor, thus the total plinth are is 900 Sft., (G+1) of RCC admeasuring 100 square yards or 83.67 sq.meters (covered under Block No.28) in Survey No.151, situated at Maruthi Nagar of Quthbullapur village and Mandal, under GHMC Quthbullapur Circle, Medcal-Malkajgiri district, Telangana State (hereinafter referred to as 'the subject property') on the basis of prohibitory list under Sec. 22-A of the Registration Act, 1908 as per the 1. Ranga Reddy District Gazette Notification R.R. No.83, communicated by Joint Collector, Ranga Reddy vide File No.E5/4730/2013/Quthbullapur/Quthbullapur dtd. 25/9/2013, 2. Deputy Collector and Tahsildar Quthbullapur Mandal, File No.B/583/2012, dtd. 17/2/2012 and 3. Gazette Notification No.134, dtd. 10/3/2005 and G.O.Ms.No.292, Revenue (Registration.I), 9/3/2005 communicated by Commissioner and Inspector General (Revenue and Stamps), Hyderabad vide File No.G1/4661/2005, dtd. 2/7/2005, as illegal, arbitrary, in violation of Articles 14, 21 and 300-A of Constitution of India and also in violation of Registration Act, 1908 besides in violation of principles of natural justice and consequently direct the respondent No.3 to receive and register the subject property without reference to the Gazette No.83.