1. Zakiya Begum v. Depa(ment of
Case Details
Telanqana. Telangana. Petition under Article 226 of 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 Order No. O4t2O24dated 1811 2024 ' asillegal' arbitrary' and without jurisdiction and u nconstitutional and consequently set aside the Refu5al Order No 04l2O24 .18.11.2024 by directing the 2nd respondent/ Sub-Registrar' Yadagirigutta' in General Power of Attorney deed in to receive and process tt Pending Document No' 4112024 presented by the petitioner' "'"gi't"tion IA NO: 10F2 025 Petition under Section 151 CPC praying that tn the affidavit filed in support of the petition' the High Co the circumstances stated in to direct urt may be Pleased the 2nd respondent, to receive and process the registration of pending Document No. 4712024 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 I I I THE HONOURABLD SRI JUSTICE IY.V.SIIRAYA.IY KUII{AR WRIT PETIT N No. 1453of 2025 IO ORDER: This writ petition has been Iiled seeking to issue a Writ or Order or Direction more particularly one in the nature Writ of Mandamus declaring the action of 2nd respondent in passing the Refusal Order No.O4/2O24 dated 18.17.2024 as illegal arbitrary and without jurisdiction ald unconstitutional ald consequen y, set_aside the , Refusal Order No.O4l 2024 dated 18.11.2024 by directing the 2"d respondent/Sub_Registrar, yadagirigutta to receive and process the registration in General power of Attorney deed in pending Document No.47 /2024 presented by the petitioner.
2. The facts in brief are that the petitioners claims to be joint owners of propert5r situated at Sharajipet Village, A1air Mandal, Yadadri Bhongir District. The petitioners executed General power of Attorney (GPA) deed in favour of M/s. Guntas Realty, represented by its Maaaging partner for the pulpose of managing the schedule property. On 18.11.2O24, the Sub_Registrar, yadagirigutta refused to register the document vide Refusal Order No.04/2024 citing non_ production of original land conversion copies, as the sole ground for refusal. Questioning the same, the present writ petition is filed. l a !) Learned counsel for the petitioners submitted copies of the original documents i.e., 1) 1-B Namuna (ROR), dated 31.0S.2O18, 2) I 1 2 Death Certificate, dated 22 'Oa '2023 ' 3) Family members certi{icate ' dated 27.1O'2O22' 4\ Market Value Assistance' dated 23 ':rO '2024 ' 5\ Aadhar Card, dated 28'12'2012' 6) Pan Card dated O2'O5'2O18' 7) prohibited, properties List (22A), 8) copy of General of Attorney with (Sale Power) in pending document No'4512O)4''dated' 23'\O'2O24' 9) Copy of General of Attorney with (Sale Power) in pending document No.46l2024,dated 23'1O'2 O24' LO\ Copy of General of Attomey with (Sa1e Power) in pending document No '47 12024' dated 23'70'2024' Ll) Copy of General of Attorney with (Sale Power) in pending document No. al2024, <1ated 23'10'2 O24' 12\ Pending document No'4512024 along with refusal order No'o2 12024 ' 13) Pending document No.4612024 along with refusal otder ' 03l2024' 14) Pending document No.47 12024 along with refusal order No'412024' 15) Pending d.ocument No.4812024 along with refusal order No'5/2024 (hereinafter referred as "si-rbject documents')' which are relevant for the purpose of further ad.jutlication' However' the main ground for refusal of of the subject document by the Sub-Registrar' is on account of non-production of land conversion Yadagirigutta copies. l,eamed counsel draws attention of this Court to the document which is for appropriate value issued by the Government of Telangana' starnps a-ted Registration Department downloaded ft1m the OIfiCial websire wrrerein the said rands has been classified as residentiar and the subject su rvey numl which is sought for registration as per the schedule propert5r r., an. It documents i.e., G.p.A dated 23.1O.2 O24, the registration 3 said properties in the said survey number has been classified as residential to an extent of 100 square yards with a market value of Rs.70,00O/-. Learned counsel further draws attention of this Court that the petitioner has paid the stamp dut5r on the basis of extent of land and challan to that effect has also been filed. Now the petitioners have placed the copies of the originals of subject documents.
4. Learned counsel for the petitioners further submits that once lands itself has been classified as residential, there is no requirement to file any land conversion copies for the reason that the government itself has classilied the said lands as residential and however, in support of his case has placed copies of the original documents (subject documents).
5. karned 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 classified the subject land being as residential, at this point of time insisting for production of original land conversion documents is un-sustainable. That part, the petitioner has t I already paid stamp duty in terms of yard basis and challan has been filed along with material papers, as such refusal order dated ! t la)1.2o24 is set-aside and this writ petition is disposed of directing 4 the Sub-Registra r, Yadagirigutta/registering authority to consider the documents filed by the petitioners for the purpose of registration and examine the sanre 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 complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1g99. It is also open to the Registering Authority 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 propertjr and it is also made clear that this order would not have arly 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. //TRUE COPY// SD/-K. SREE RAMA MURTHY E:I)UTY REGISTRAR S;ECTION OFFICER To I I The Principal Secretary, Department of Registratio and Stamps, Secretariat, Hyderabad, State of Telangana The Sub-Registrar, Yadagirigutta, Office of the Sub-Registrar, Yadagirigutta, Telangana. The District Registrar, Nalgonda, Office of the District Regrstrar, Nalgonda, Telangana. 1 4 One CC to SRI N RAVI PRASAD' Advocate [OPUC-l q rwo ccs to GP FoR s iAi/P*s'litio n"e-cistnATloN High court for the " si;i"";i;lrngrna at HYderabad loUTl 6. Two CD CoPies I'SK tls w - I I I HIGH COURT DATED:1210212025 I , ) ORDER WP.No.1453 of 2025 Eo( 1|rE s t:q \(. o \ * 21 nra y6 z c) .i .3' * 19 I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ 214
Telanqana. Telangana. Petition under Article 226 of 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 Order No. O4t2O24dated 1811 2024 ' asillegal' arbitrary' and without jurisdiction and u nconstitutional and consequently set aside the Refu5al Order No 04l2O24 .18.11.2024 by directing the 2nd respondent/ Sub-Registrar' Yadagirigutta' in General Power of Attorney deed in to receive and process tt Pending Document No' 4112024 presented by the petitioner' "'"gi't"tion IA NO: 10F2 025 Petition under Section 151 CPC praying that tn the affidavit filed in support of the petition' the High Co the circumstances stated in to direct urt may be Pleased the 2nd respondent, to receive and process the registration of pending Document No. 4712024 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 I I I THE HONOURABLD SRI JUSTICE IY.V.SIIRAYA.IY KUII{AR WRIT PETIT N No. 1453of 2025 IO ORDER: This writ petition has been Iiled seeking to issue a Writ or Order or Direction more particularly one in the nature Writ of Mandamus declaring the action of 2nd respondent in passing the Refusal Order No.O4/2O24 dated 18.17.2024 as illegal arbitrary and without jurisdiction ald unconstitutional ald consequen y, set_aside the , Refusal Order No.O4l 2024 dated 18.11.2024 by directing the 2"d respondent/Sub_Registrar, yadagirigutta to receive and process the registration in General power of Attorney deed in pending Document No.47 /2024 presented by the petitioner.
2. The facts in brief are that the petitioners claims to be joint owners of propert5r situated at Sharajipet Village, A1air Mandal, Yadadri Bhongir District. The petitioners executed General power of Attorney (GPA) deed in favour of M/s. Guntas Realty, represented by its Maaaging partner for the pulpose of managing the schedule property. On 18.11.2O24, the Sub_Registrar, yadagirigutta refused to register the document vide Refusal Order No.04/2024 citing non_ production of original land conversion copies, as the sole ground for refusal. Questioning the same, the present writ petition is filed. l a !) Learned counsel for the petitioners submitted copies of the original documents i.e., 1) 1-B Namuna (ROR), dated 31.0S.2O18, 2) I 1 2 Death Certificate, dated 22 'Oa '2023 ' 3) Family members certi{icate ' dated 27.1O'2O22' 4\ Market Value Assistance' dated 23 ':rO '2024 ' 5\ Aadhar Card, dated 28'12'2012' 6) Pan Card dated O2'O5'2O18' 7) prohibited, properties List (22A), 8) copy of General of Attorney with (Sale Power) in pending document No'4512O)4''dated' 23'\O'2O24' 9) Copy of General of Attorney with (Sale Power) in pending document No.46l2024,dated 23'1O'2 O24' LO\ Copy of General of Attomey with (Sa1e Power) in pending document No '47 12024' dated 23'70'2024' Ll) Copy of General of Attorney with (Sale Power) in pending document No. al2024, <1ated 23'10'2 O24' 12\ Pending document No'4512024 along with refusal order No'o2 12024 ' 13) Pending document No.4612024 along with refusal otder ' 03l2024' 14) Pending document No.47 12024 along with refusal order No'412024' 15) Pending d.ocument No.4812024 along with refusal order No'5/2024 (hereinafter referred as "si-rbject documents')' which are relevant for the purpose of further ad.jutlication' However' the main ground for refusal of of the subject document by the Sub-Registrar' is on account of non-production of land conversion Yadagirigutta copies. l,eamed counsel draws attention of this Court to the document which is for appropriate value issued by the Government of Telangana' starnps a-ted Registration Department downloaded ft1m the OIfiCial websire wrrerein the said rands has been classified as residentiar and the subject su rvey numl which is sought for registration as per the schedule propert5r r., an. It documents i.e., G.p.A dated 23.1O.2 O24, the registration 3 said properties in the said survey number has been classified as residential to an extent of 100 square yards with a market value of Rs.70,00O/-. Learned counsel further draws attention of this Court that the petitioner has paid the stamp dut5r on the basis of extent of land and challan to that effect has also been filed. Now the petitioners have placed the copies of the originals of subject documents.
4. Learned counsel for the petitioners further submits that once lands itself has been classified as residential, there is no requirement to file any land conversion copies for the reason that the government itself has classilied the said lands as residential and however, in support of his case has placed copies of the original documents (subject documents).
5. karned 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 classified the subject land being as residential, at this point of time insisting for production of original land conversion documents is un-sustainable. That part, the petitioner has t I already paid stamp duty in terms of yard basis and challan has been filed along with material papers, as such refusal order dated ! t la)1.2o24 is set-aside and this writ petition is disposed of directing 4 the Sub-Registra r, Yadagirigutta/registering authority to consider the documents filed by the petitioners for the purpose of registration and examine the sanre 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 complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1g99. It is also open to the Registering Authority 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 propertjr and it is also made clear that this order would not have arly 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. //TRUE COPY// SD/-K. SREE RAMA MURTHY E:I)UTY REGISTRAR S;ECTION OFFICER To I I The Principal Secretary, Department of Registratio and Stamps, Secretariat, Hyderabad, State of Telangana The Sub-Registrar, Yadagirigutta, Office of the Sub-Registrar, Yadagirigutta, Telangana. The District Registrar, Nalgonda, Office of the District Regrstrar, Nalgonda, Telangana. 1 4 One CC to SRI N RAVI PRASAD' Advocate [OPUC-l q rwo ccs to GP FoR s iAi/P*s'litio n"e-cistnATloN High court for the " si;i"";i;lrngrna at HYderabad loUTl 6. Two CD CoPies I'SK tls w - I I I HIGH COURT DATED:1210212025 I , ) ORDER WP.No.1453 of 2025 Eo( 1|rE s t:q \(. o \ * 21 nra y6 z c) .i .3' * 19 I I DISPOSING OF THE WRIT PETITION WITHOUT COSTS @ 214