High Court · 2025

'..RESP.NDENTS Petition under Article 226 oI the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue a Writ or order or direction more particularly one in the nature writ of Mandamus declare the action of 2nd respondent in passing the Refusal ,l ,1 .2024' as illegal, arbitrary, and without jurisdiction order No. o5t2o24 dated ,1 B' andunconstitutionalandconsequentlysetasidetheRefusalorderNo.0Sl2024 datedlB.'ll.2024bydirectingthe2ndrespondent/Sub-Registrar'Yadagirrgutta' to receive and process the registration in General Power of Attorney deed in Pending Document No.4Bl2O24 presented by the petitioner' lA NO: 1 oF 2025 . Petition under Section 151 CPC praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased to direct the 2nd respondent, to receive and process the registration of pending Document No. 4812024 without insisting on the production of land conversion documents, pending disposal of the above writ petition. Counsel for the Petitioners: SRI N.RAVI PRASAD Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE IIONOURAEILE SRI JUSTICE N.V.SHRAVAN KUMAR PETITI ON No 1444 of 5 ORDER: This writ petition has been fiied seeking to issue a Writ or Order or Direction more par-ticurarry one in the nature writ of Mandamus declaring the action of 2nd respondent in passing the Refusar order No.05/2024 dated 18.11.2024 as illegal arbitrary and without jurisdiction and unconstitutional and consequently, set_aside the , Refusal Order No.OS/ 2024 dated 1g.71.2024 by directing the 2nd respondent/ sub-Registrar, Yadagirigutta to receive and process the registration in General power of Attorney deed in pending Document No.48/2024 presented by the petitioner. 2 The facts in brief are that the petitioners claims to be joint owners of proper$r situated at Sharajipet Village, Alair Mandaj, Yadadri Bhongir District. The petitioners executed General power of Attorney (GPA) deed in favour of M/s. Guntas ReaJt5r, represented by its Managing partner for the purpose of managing the schedule property. On 18.11.2O24, the Sub_Registrar, yadagirigutta refused to register the document vide Refusal Order No.OS/ 2024 citing non_ production of original land conversion copies, as the sole ground for refusal. Questioning the same, the present writ petition is filed.

3. Learned counsel for the petitioners submitted copies of the original documents i.e., 1) 1-B Namuna (ROR), dated 31.OS.2Olg, 2) I 2 No.4al2024' Death Certifrcate, dated 22 'O8 '2023 ' 3) Family members certi-{icate ' dated 27.1O'2O22' lMarket Value Assistance' dated 23'lO'2O24' 5\ Aadhar Card, dated 2S'12'2012' 6) Pan Card dated O2'O5'2O18' 7l prohibited properties List (22A), B) copy of General of Attorney with 23'10'2024' 9) (Sale Power) in pending document No'45I2024 '-dated Copy of General of Attorney with (Sale Power) in pending document No.4612024, dated,23.|o.2o24, ,o| Copy of General of Attomey with (SaIe Power) in pend'ing document No'47 12024' dated' 23' 10'2O24' LL) Copy of General of Attorney with (Sa1e Power) in pending document dated 23.10.2O24, l2l Pending document No'45 I 2024 refusalorderNo'O212024'13)Pendingdocument along with No.4612024 along with refusai order ' 03l2024' 14) Pending document No.47 12024 along with refusal order No'4 12024 ' 15) Pending document No.aLl2O24a1ong with refusal order No'5/2024 (hereinafter referred as "subject documents')' which are relevant for the purpose of However, the rnain ground for refusal of further adjuclication' subject document by the Sub-Registrar' registration of the account of non-production of lilnd conversron Yadagirigutta is on copies. Learned counsel draws attention of this Court to the document which is for appropriate value issued' by the Government of Telangana' Starnps ald Registration Department downloaded from the official vrzebsite wherein the said lands has been classified as residential and the subject survey number which is sought for registration as per the schedule propertjr in the documents i.e., G.p.A dated 23.10.2 O24, trre I I -1 said properties in the said survey number has been classified as residential to an extent of lOO square yards with a market value of Rs.70,000/-. Learned counsel further draws attention of this Court that the petitioner has paid the stamp duty on the basis of extent of land and challal to that effect has also been filed: Now the petitioners have placed ttre copies ofthe originals of subject documents.

4. Learned counsel for the petitioners further submits that once lands itself has been classilied as residential, there is no requirement to r file any land conversion copies for the reason that the government itself has classified the said lands as residential and however, in support of his case has placed copies of the original documents (subject I documents).

5. Learned Assistant Government Pleader appearing for stamps and registration submits that appropriate orders be passed.

6. In view of the same, since the reasons for refusal made by the Sub-Registrar, Yadagirigutta is that the parties have not produced the original land conversion documents, however, the respondent authorities themselves have classilied the subject land being as residential, at this point of time insisting for production of original larrd conversion documents is un-sustainable. That part, the petitioner has 1 ) already paid stamp duty in terms of yard basis and cha-llan has been Iiled along with material papers, as such refusal order dated I I

18.11.2024 is set-aside and this writ petition is disposed of directing I 4 the Sub-Registrar, Yadagirigutta/registering authority to consider the documents frled by the petitioners for the purpose of registration and examine the same and pass appropriate orders strictly in accordance with law, as expeditiously as possible, preferably, within a period of two (2) weeks from the date of furnishing of subject documents by the petitioners, subject to the petitioners comp\ring with the provisions of the Indian Registration Act, 190g, and Indian Stamps Act, 1g99. It is also open to the Registering Authorit5r to refuse to register the subject document, by specifically assigrring the reasons in terms of Section 71 , of the Act, 1908 and communicate the said decision to the petitioners. 7 . It is made clear that mere registration of the document does not confer title on the subject property and it is also made clear that this order would not have any bearing on all those matters where title/rights of the parties are pending before the authorities either in revision/appeals for adjudication and in any other case this order also does not preclude the parties in asserting their rights before a competent Court of law. 8. With these observations, this writ petition. is accordingly disposed of. No order as to costs. Miscellaneous applications, if any pending, shall stand closed. To iiTRUE COPY/i SD/-K. SRE:E RAMA MURTHY DEFUTY REGISTRAR SECTION OFFICER 1 2 J The Principal Secreta ry, Department of Reqistrat Hyderabad. State of Tel angana The Sub-Registrar, Yad agrngutta, Office of the Sub-Registrar, yadagirigutta, Tela ngana Ihe District Regrstrar, Nalgonda, Office of the District Registrar, Nalgonda, Telangana. nd Stamps, Secretariat, 1 I 4 5 One CC to SRI N RAVI PRASAD, Advocatg [9P!.CJ.. i#" ddriJcp ron'srnrvrpt Aiio nEcrstnAloN, Hish court for the Siaiu oi r"tangana, at Hyderabad [OUT] Two CD CoPies 6 PSK. BS \w i IL I HIGH COURT DATED:12t0212025 ) ) ORDER WP.No.1444 of 2025 'rHt s !.1 /5' ( oa o o ,t \ * 21 wn ygfi i1\ r z PoTcxEo * I DISPOSING OF THE WRIT PETITION WITHOUT COSTS arll1 lzx-