High Court · 2025

Petition under Anide 226 of the Constitution of India 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. 0212024 dated 18.11.2024, as illegal, arbitrary, and without jurisdiction and unconstitutional and consequently set aside the Refusal Order No. O2l2O24 dated 18.11.2024 by directing the 2nd respondenU Sub-Registrar, Yadagirigutta, to receive and process the registration in General Power of Attorney deed in Pending Document No. 4512024 presented by the petitioner. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 2nd respond'3nt, to receive and process the registration of pending Document No. 4512024 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 THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.1 436 of2O25 ORDER: This writ petition has been fiied seeking to issue a Writ or Order or Direction more particularly one in the nature Writ of Mandamus declaring [he action of 2"rl respondent in passing the Refusal Order No.O2/2024 dated tB.lt.2024 as illegal arbitrary and without jurisdiction and unconstitutional and consequently, set_aside the Refusal Order No.O2l 2024 d,aLed 18.11.2024 by directing the 2"d respondent/Sub Registrar, yadagirigutta to rcceive and process the registration ii-r General power of Attorney deed in pending Document No.45/2024 presented by the petitioner.

2. The facts in brief are that the petitioners ciaims to be joint owners of property situated at Sharajipet Village, Alair Mandal, Yadadri Bhougir District. The petitioners executed General power of Attorney (GPA) deed in favour of M/s. Guntas Realty, represented by its Managing Partner for the purpose of managing the schedule property. on 18.71.2024, the Sub-Registrar, yadagirigutta refused to register the document vide Refusal Order No.O2 / 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.O5.201g, 2) 'I // l i i 2 Death certificzrte, dated 22.oa.2023, 3) Famil.v nrembers certificate, daLed, 27.1O.'2C)22, 4l Market Value Assistance , dir'ted 23 lO'2O24, 5i Aadhar Carci, dated 28.12.2012,6) Pan Carcl datcd O2't)5'2O18, 7) ProhibitedpropcrticsList(22A),8)CopyofGeneralofAttorneywith (Sale Power) irL pcnding document No 4512024, dated 23 lO 2024' 9\ Copy of General of Attorney with (Sale Power) in pendinl3 document No.4612024, iLated 23. 1O.2O24, 10) Copy of Gcneral of At'torney with (Sa1c Porver) irL oendir-rg documenl No.47 12024, dated 23 10'2024' \ll Copy of General of Attorney with (Salc Power) in pending document No.4812024, rlated 23 1O 2024, 12) Pending document No 45l2024 along with refusal order No 02 I 2024, 13) Pending document No.46l2O2a a..ong u'ith refusal order, 0312024, 14) Pendir"g document No.47 12024 along with refusal order No 4/2024, I5) Pending document No..t8l2024 along with refusal order No.5/2O24 (hereinafter relerred as "srtbject docltments"), which are relevaat for the purpose of further aclj r-rd ication. Howcver, the main ground for refr-rsal of registration ol the subject documeut by tl-re Sub-Registrar, Yadagirigutta is on account ol non-production of land conversion copies. Learned counsel draws attention of this Court to the document which is for aoltroprtate value issued by the Government c'f Telangana, stamps and Ilegistration Department is downloaded fromthe ofhcial website wherein the said lands has been classifie d as res;idential and the subject survey number which is sought for registraticn as per the schedule property in the documents i.e., G.P.A dated 23.10.2024, the 3 said properties in the said survey number has been classilted as resiclential to an extent of 100 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 challan to that effect has also been hled. 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 residentiai, there is no requirement to hle any land conversion copies for the reason that the government itself has classified rhe saicl lands as residential and however, in support of his case has placcd copies of thc original documents (subject documen ts).

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

6. In view of the same, since the reasons for refusal made by the Sub-Registrar, Yaclagirigutta is that the parties have not produced the original land conversion docurnents, however, the respondent authorities themselves have classihed 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 already paid stamp duty in terms of yard basis and challan has been hled along with material papers, as such refusal order dated La.11.2024 is set-aside and this writ petition is disposed of directing \ t l i I I I ) I I I l the Sub-Regis:rar, Yadagirigutta/ re gistering authority to i:onsider the documents hled by the petitioners for the purposo of regi:;tration and examine the same and pass appropriate orders strictlv in accordance with 1aw, as t:xpeditiously as possible, preferably, within a period of two (2) weeks from the clate of furnishing of subject docunrents by the petitioners, subject to the petitioners complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Acr, 1899. lt is also open to the Registering Authority to refuse to register the subject document, by specifrcally assigning thc reasons in terms of Section 71 of the Act, I gCrB and con'rmuniczrtc the said decisiotl to tl-rc pe[itioners'

7. It is marle clear that mere registration of the docume'nt does not confer title on the subject propcrty and it is also rnade clear that this orde r woukl not have any bearing on all thrlse mat lers where title/rights of tl.re partics are pending before the authorities either in revision/ appe'rls for adjudicatiou and in any other case this order aLso does not pre clude the partles in asserting th,:ir rig[-r t-s be fore a competent Co urt of law.

8. With these obsetwations, this writ petition is accordingly disposed of. No order as to costs. Miscel laneous applicatior-rs, if any pcnding, shall sta'rcl closed //TRUE COPY// SD/- P. PADMANABH ASSNTENT RE It \ --= UsecroN A REDDY GISTRAR OFFICER To .

1. The Principal Secretary, Department of Registration and Stamps, Secretariat, Hyderabad, State of Telangana.

2. The Sub-Registrar, Yadagirigutta, Office of the Sub-Registrar, '/adagirigutta, 3. The District Registrar, Nalgonda, Office of the District Registrar, Nalgonda, Telangana. *4 . I i *'-..i.:3}i&ffi*.-*-=: Telanqana. =--- :' ***" "****5-*"*-'J -- ':1

4. One Ct to SRt N.RAV! PRASAD, Advocate [opUC] 5. Two CCs to GP FOR STAMPS AND REG|SiRAT|ON, High Court for the 6. Two CD Copies State ofTelangana, at Hyderabad. [OUTI I I PSK. BM ft_-_ / (:''{ ( CC TODAY HIGH COURT DATED:1210212025 t I -t ORDER WP.No.1436 of 2025 .af .'\ t1E ST47€ \ \ 19 ilrq zffi a i) ,'1:, P C)n .,!.i-,. T.\ DISPOSING OF THE WRIT PETITION WITHOUT COSTS o.8' .Ss5 \1\-