IN THE HIGH COURT OF JUDICATURE AT HYDERABAD FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH THURSDAY, THE FIFTH DAY OF JUNE, TWO THOUSAND AND FOURTEEN :PRESENT:
THE HON'BLE SRI JUSTICE RAMESH RANGANATHAN WP .NO: 30401 of 2011 Between:
1 Rajesh Khurana, S/o Brahmdev Khurana, Occ: Business, R/o 5-9-29/40/2, Basheerbagh, Hyderabad.
2 Umesh Jethwani, S/o Purushotham Jethwani, Occ: Business, R/o 5-9-30/1, Chandan Bhavan, Basheerbagh, Hyderabad.
. Petitioners AND
1 The Government of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, A.P. Secretariat, Hyderabad.
2 The District Registrar, Hyderabad District (South), Hyderabad.
3 The Joint Sub-Registrar-I, Hyderabad South, Hyderabad District.
4 The District Collector, Hyderabad, Lakdikapul, Hyderabad. (R4 is impleaded as per Court order dated 25-07-2012 in WPMP.No.27961 of 2012) . Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a Writ of mandamus or any other appropriate Writ or Writs, Order or Orders declaring the action of the Respondents more particularly Respondent No.3 in not releasing the sale deed dated 11.08.2011 which is presented on 12.08.2011 in respect of Semi-finished Residential Flat of 1st Floor, admeasuring 2110 sq.ft, Two Car Parkings together with undivided share of land admeasuring 93 sq.yds out of total area of 950 sq.yds or equivalent to 785 sq.mts in the building called MJ PRIDE on the premises bearing No.8-2-311 (Corresponding to Old No.G-2-311), situated at Nandi Nagar, Banjara Hills, Hyderabad as the same is illegal, arbitrary and without any authority, procedure laid under the Indian Registration Act 1908, and consequently direct the Respondents to release the document which is presented for Registration on 12.08.2011.
The petition coming on for hearing, upon perusing the Petition and the affidavit filed herein and upon hearing the arguments of Sri Resu Mahender Reddy, Advocate for the Petitioners and the learned Government Pleader for Revenue for the Respondents, the Court made the following ORDER:
Despite several adjournments, learned Government Pleader for Revenue requests further time. I see no reason to accede to her request.
The only manner in which the allegations in the writ affidavit can be ascertained is if the second respondent is directed to be personally present in the Court along with the entire records.
Post on 10.06.2014 in the Motion List, on which day the second respondent shall be personally present in the Court at 10:30 AM along with the entire records.
Learned Government Pleader for Revenue is present in the Court and undertakes to inform the second respondent of his obligations under this order.
SRINIVASULU To //TRUE COPY// Sd/- P. ASSISTANT REGISTRAR For ASSISTANT REGISTRAR
1 The District Registrar, Hyderabad District (South), Hyderabad. (By Spl. Messenger)
2 One CC to Sri Resu Mahender Reddy, Advocate (OPUC)
3 Two CCs to the G.P. for Revenue, High Court, Hyderabad. (By Spl. Messenger)
4 One spare copy. nnr HIGH COURT RR,J DATED: 5-6-2014 NOTE: For appearance, Post on 10-6-2014 in motion list ORDER W.P.NO. 30401 OF 2011 DIRECTION HIGH COURT Nnr Date of Drafting : 6-6-2014 RR,J DATED: 5-6-2014 NOTE: For appearance, Post on 10-6-2014 in motion list ORDER W.P.NO. 30401 OF 2011 DIRECTION