High Court · 2025

.....RESPONDENTS Petition Under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired ther6with, the High court may be pleased to issue any writ order or direction more particurarry one in the nature of writ of Mandamus decraring the refusar order dated- 1oro1t2o2s vide Letter no-o912o25 passed by the 3rd respondent as ilegar arbitrary and unconstirutionar and consequently direct the Respondent to receive process and register the sare deed vide pending document no. p -02r202s presented by the petitioner in respect of the schedule Property i.e. open land bearing prot No.251, admeasuring 300 Sq.Yards or its equivalent to 250.g Sq. meters, in Survey No. 96, 97 and 1O3 situated at Kunfloor Viilage, (Erstwhire Hayathnagar Rev. Mandar), presenfly Abdullapurmet Revenue Mandar, Ranga Reddy District, under pedda Amberpet Municipality. 7 |.A.NO:1 OF 2025 Petition Under lsection 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to issue interim directiorrs to the Respondent No.3 to receive, regisbr and release the sale deed vide pending document no. P.O2l2O25 presented by the petitioner in respect of the schedule property i.e. open land bearing Plot No.251, admeasuring 300 Sq. Yards or its equivalent to 250.8 Sq. meters, in Survey No. 96, 97 and 103 situated at Kuntloor Village, (Erstwhile Hayathnagar Rev. Mandal), presently Abdullapurmet Revenue Mandal, Ranga Reddy District, under Pedda Amberpet Municipality by duly suspending the refusal order dated 1OlO1l2O25 in Letter no. 0912025, pending disposal of the writ petitic n. Counsel for the Petitioner : SRI RAJAGOPALLAVAN TAYI Counsel forthe Respondents : AGP FOR REVENUE The Court made the following ORDER r" THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.154O of 2025 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission.

2. This Writ Petition is hled seeking the following relief: "to declare the impugned refusal order dqted 10.01.2025 uide Lr.No.9/2025 passed by respondent -l[o.3 as illegal and consequentlg direct th.e Respondent No.3 to register and to release peruding document No.O2/ 2025 in respect schedule propertg i.e., open plot beaing No.251, admeasuring 300 sq.gds., in Sg.Nos.96, 97 and 1O3 at Kuntoloor Village, presentlg Abdullopurmet Manda| Ranga Reddg Distrtct, pedda A mb erp et Municip alitg. "

3. Learned counsel for the petitioner would submit that petitioner's vendor is absolute owner and possessor of the subject property having purchased the sarte through unregistered sale deed in File No.E1/VaI/1O32/1992 dated

13.03.1997. Thereafter, petitioner vendor intended to sell the subject property to the petitioner herein and accordingly 2 petitioner exocuted sale deed dated 07.01.2025. Learned counsei would furthe:r submit that the said sale deed u,a s presented before registering authority for registration, after duly paying the requisite stamp duty. However, the registering authority had refused to register the document and the same was informed to the petitioner, uide Lerter No.O9 l2O2S, dated 10.0i.2025. The relevant por:ion of the refusal letter dated 10 01.2025 is extracted her,:under' "As per the instntctions of the Commissic,ner and- Inspectcr General of Registration and_ Stamps e ndorse ment N o. C IGMAIL / AR/ 2 O O B, d-ated_ O 2. (,t 1 . 2 O 0 B, unregistered and ualtdated document can.not be acceptecl as a ualid link document for registral.ion. So, the document is refused from registration. "

4. Learned counsel for the petitioner would submit that the letter/circular issued by commissioner and Inspector General of Stamps and Regisrration, uide CIG.MAIL/AR/2OOB, dated

02.Ol.2OOB hLas already been set asid.e by this Court in W.P.No.16310 of 2Ot9 and batch, dated i1.01.20:23 and the relevant paragraph Nos.19 to 2l of the order, reads under: .19. In. the light of the aboue, this Court is unhesitant to hold that tlte respond,ent registeri.ng authoitie,_s are not entitled to refuse registration c1f a document on the ground that the ltnk d.ocum,znt ,,/ J refered to in the respectiue document is a ualidated document or to refuse registration of such dodlment by placing reliaruce on endorsement, dated 02.O1.2008, issued by the Commissioner and lnspector General of Stamps and Registration. Accordinglg, th.e impugned orders in the respectiue Wit Petitions are set aside and Writ Petitions are aLloued with a further direction to the respondent registeing authoities to receiue the retunted documents and to process the same subject to tLrc condition of the said documents complging tuith the prouisions of the Registration Act, 19OB and the Indian Stamp Act, 1899.

20. Insofar as the objection on tLrc ground of failure to submit Form-32A, as required under G.O.Ms.No.246, Reuenue (Registration.I) Department, dated 27.O2.2008 is concented, it is for the petitioner in W.P.Nos.4O412 and 40406 of 2022 to complg uith such requirement. Houteuer, it is made clear that such a requirement of complging tuith Form-32A cannot be insisted for the documents that u.tere executed prior to the date of issuance of G.O.Ms. No.246, i.e., dated 27. 02.2008. 2 1 . Accordingly, all the Wit Petitions are allotued as tndicated hereinaboue. There shall be no order as to costs. As a sequel, miscellaneous petitions, pendinQ if ang in all the Wit Petitions, shall stand closed." 4 .'1

5. Learned counsel for the petitioner would further submit that aggrieved by the learned Single Judge or,ler, dated I I .O 1 .2023 , one Sri M. Rama Krishna, preferred ,:.ntra court appeal uide W.A.No.326 of 2023 and the Hon,ble Divirsion Bench of this Court irLitially granted interim stay, in I.A.No.3 of 2023 in W.A.No.326 ol 2023, dated 16.O3.2024. Subsequently, the Hon'ble Divisic,n Bench disposed of the Writ Appeal No.326 of 2023 on 17.06.2024, relevant paragraph Nos.3 & 4 extracted here under: "3. Adm,ittedly, tle oppellant is not a partg to i.he ord-er dated 11.01.2023 passed by the learned Single ,Jud-ge in W.P.Nos.;6310 of 2019 and 40406, 4O4i2, 40537 and 44181 oJ 2022. The aforesaid order therefore tToes not bind the appellant. In uiew of lou-t laid. dotur,. bg the Supreme Court in Shiudeu Singh u. State of punja,lt as tueLl os Diuision Bench of this Court in palaualasa Padmanabham u. State of A.P., learned coufts€l. for the appellant afier arguing the matter to some extent submits that the appeLlant be granted liberty either tc Jile an applicatio.t seeking reuieu.t of the said order or to file a fresh uit petition challenging the order dated 11.01.2023 passed bu the learned Single Judge and the consequentiaL action taken in pursuance thereof.

4. With the aforesaid libertg, the Wit Appeal is d-isposed. of" ,/' I I )

6. Learned counsel for the petitioner pray this Court to dispose of the present writ petition in terms of the order passed by this Court in W.P.No. 163 1O of 2019 and batch, dated Il.Ol .2023 as the reasons stated in the refusal order herein are one and the same and the Writ Appeal No.326 of 2023 which was preferred against the W.P.No. 163 1O of 2019, dated lI.OI.2023 has also been disposed of on 11.06.2024.

7. Learned Assistant Government Pleader for Stamps and Registration appearing for respondents has not disputed the same and fairly submits that similar order may be passed in this writ petition. B. Recording the above submission made by learned counsel on either side, and the reasons alike in WP No.163 10 of 2019, dated ll.Ol.2023, the refusal order dated lO.OI.2025 uide Letter No.O9/2025 is hereby set aside. The Registering Authority is directed to receive, register and release the subject document in terms of order passed in W.P.No.163 10 of 2OI9 and batch, dated 11.OI.2O23, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899, as expeditiously as possible, preferably within a period of three (03) weeks from the date of re--int of copy of 6 this order. [t is a]so open to the Registering Authority to refuse the document.s presented before him, if he has any other objection, by duly assigning reasons in support of su,.:h decision ald communicral6 1L" said decision to the petitioner. It is made clear that merr: registration of the document does not ,:onfer title on the subject property a,d it is also made clear that this order would not ha.ve any bearing on a_ll those matt,.:rs where title / rights ol' the parties are pending before the i,ruthorities either in revisic,n / appeals for adjudication and in any rrther case this order also does not preclude the parties in asserting their rights before a <:ompetent Court of law.

9. Accordingly, this writ petition is ailowed. Mis<:ela,eous applications, if any pending, shall stand closed. No o:.der as to CoStS /ffRUE COPY// SD/.T. TIRUMALA DEVI REGISTRAR ASSI ON OFFICER To SA BS Secretariat, State of Telangana at Hyderabad '

1. The Principal Secretary, Revenue (Stamps and Registration) Department' Z. ihe Districi Registrar, Ran-ga Reddy District, atmoosapet' Kongara Kalan - vii[g1, ibrahimpatnam Mairdat, Ranga Reddy District' Telangana 501510' 3. The-Sub Registrar, Hayathnagar, Ranga Reddy District' 4.TwoCCsto-GPFoRREVENUE,HighCourtfortheStateofTelanganaat Hyderabad. [OtJTl

5. One CC to SRt RAJAGOPALLAVAN TAYI, Advocate IOPUC] 6. Two CD CoPie.'; I r::: rl --:=: ( + c,J 1kl E STai6 (. t" c 3 0 JAN 2025 I o6, .iPAiC, *6 a HIGH COURT DATED:2310112025 ORDER WP.No.1540 of 2025 ALLOWING THE W.P WITHOUT COSTS. @*'oW