Narayanam Nikhil v. 1. The Sub Registrar

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 of Mandamus or any other appropriate writ declaring that the action of the respondent - registration authorities in not entertaining and registering the mortgage deed executed and presented by the petitioner in respect of the property bearing No. H.No.12-7-6611311 , Sy.No.B34, Kukatpally, Medchal - Malkajgiri District, Telangana though there is no notification as against the said property as contemplated by Section 22A of the Registration Act, 1908, is arbitrary and illegal and direct the registration authorities to entertain and register the mortgage deed executed by the petitioner in respect of the said prbperty in favour of the banker of the petitioner i.e., M/s. Bank of Baroda, Abids Branch, Hyderabad and release the registered mortgage in favour of the said banker. 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 respondents 1 and 2 to entertain and register the mortgage deed executed and presented by the petitioner in favour of M/s. Bank of Baroda in respect of the property bearing H.No.'12-7-66113i1, Sy.No.834, Kukatpally, Medchal Malkajgiri District, Telangana and release the register mortgage deed in favour of my banker i.e., M/s. Bank of Baroda, Abids Branch, Hyderabad, pending disposal of the writ petition. Counsel for the Petitioner: SRI VEDULA VENKATA RAMANA, SR. COUNSEL REP. FOR M/S BHARADWAJ ASSOCIATES Counsel for the Respondents: ASST. GP FOR STAMPS & REGISTRATION The Court made the following: ORDER I I HONOURABLE SRI JUSNCE N.V.SHRAVAN KUMAR WRIT PETITION No.2135 of 2025 OITDER: Heard Sri.Vedula Venkata Ramana, learned senior counsel appearing for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.1 to 3. With their consent this writ petition is taken up for disposal at the stage of admission itself.

2. This Writ pctition is filed seeking the following prayer:- "to declare tle oction of tlr respondenlregistralion authoritbs in not ctttertninrng md ragistcring tfu ntortgage deed executed snd presented by the petitioner in respect of tlr property beaing No.H.N o.12-7 -66/1 3/1, Sy.N o.834, Kukntpally, Medclwl-Malkajgiri District, Telaugnno though there is no noti.fication fis against the said property ns conteruplnted by Section 22A of the Registration Act, 1908, is uhilranl nnd illegnl nnd direct the registration autlnrities to cnlertnin and register tlte mortgage deed executerl by the petitioner in rcspect of the sairl property in fnuour of the banker of tfu petitioner i.a., lttl/s Bnnk of Baroda, Abids Branch, Hyderabad attl relense tlu rcgistered t()rtgage in farcur of tlrc said banker ."

3. Facts giving rise to file this writ petition are that the petitioner claims to be the owner and possessor of property bearing H.No.12-7-66/13/7, Sy.No.834, Kukatpally, Medchal-Malkajgiri Distric! Telangana, having acquired the same through registered sale deed. It is further submitted that the petitioner availed certain credit facilities from Axis Bank Limited, by kecping the subject property as secured asset and the said credit facility is now taken over by Bank of Barocla duly liquidating loan from Axis Bank I\ ::=4 2 Limited and the banker is willing to sanction additionar crerlit fac ities and directed the petitioner to execute an simple mortgage deed in favour of Bank of Baroda. Hence, the petitioner had executed a simple mortgage deed in respect of the subject property and approached the respondent No.1 for registration. However, the respondent No.1 orally refused to register the same on the ground that the subiect property is classified as a prohibited property. Aggrieved by the same, petitioner filed this writ petition.

4. Learned Assistant Government pleader for Stamps and Registration has placed on record thc circular instructions issued b'the Comrnissioner and Inspector Ceneral of Registration and Stamps, Telangana, t{ycleraba<i aide Circular Memo No.G3/ g72Z/2024, tlatetl 12.0g.2024, which reacls as under:- "Attention of the Sub-Registrars and Officers in the address entry is inutted to the reference ctted, wheretn Honble High Court, u.,hrte d.isposing the W.P No.16836/2024 and batch cases, dated: 09_07-2024 issued. common orders uith certain guidelines to the Regtstration Authorities and i/rstructions to concemed. parties, In mmpliance uith the orders of the Hon,ble High Court, the follotuing instructio ns are issued. i) Whenever parties/ citizen approach to register the d.ocuments, the concented Sub-Registrar, shall as expeditiouslg as possible preferabfg u.ttthin one ueek, either register the doalment or pass refusal ord.er, in terms of the Registration Act, 19Og and tlLe Ind.tan Stamp Act, lggg and communicate tfle same to the concemed parties. In no case, the Sub_ Reglstrars shall not refuse the documents orallg for registration, and it must be follotued bg a uitten refusal orders. I I ti) In case documents ctre refused for registration, the Sub Registrars shall inform the procedure Jor refund of Slamp DutA and regtstration charges to the concemed parties/ Citizens clearlg. The refund stnll be strictl7 as per Indian Stamp Act, 1899 and Registratton Act, 1908. iii) Sub-Registrars shall maintain a watch Register/ Generat Diary (GD Book/ Entry Book/ Register) at euery Sub-Registrar Olfice and to make enties of the pqrties approaching the offi.ce on a particular date and time for the purpose for tuhich theg approached the office, so as to auoid interkrence, tampeing and mtsrepresentation. In ui.eu of the aboue Sub-Re@strars are herebg directed to maintdin a Register in the followinq proforma. All the Sub Registrars shall inuariablg maintain the register in tLrc aboue profonna in their office qnd shall be kept open to the uisiting public to the office to record tLletr purpose for the future reference. The Distict Registrars shall e.nsure that the aboue Registers are opened and matntained tn the eoch Sub Registrar Office on regular basis. . iu) The regtsteitlg authoities shaLl Jollout the gutdelines issued in the cases of Vinjamui Rajagopla Chary Vs. State of Andhra Pradesh and M/s. lnuecta Technologies Priuote Limited Vs. Gouernment of Andhra Pradestt These instructions shall be followed scrupulouslg. If anA deutation ts found, suttable disciplinary action uilt be initiated. These instructions Laill not sueersede the citizen charter prescibed for uaious seruices rendered bg the department. "

5. Learned Assistant Government Pleader would further submits that if the petitioner submit the subject document before the registering authorities the same would be considered and appropriate orders in will be passed in accordance with [aw. \\\ =r<_- .1

6. At this stage, learned counsel for petitioner submits that the petitioner may be permitted to submit the subject document before the registering authorities and further pray this Court to direct the registering authorities to consider the same for registration.

7. It is pertinent to note that in terms of the said Circular, all the Sub- Registrars shall invariably examine the documents and they shall, as expeditiously as possible preferably within a period of one week, either register the document or pass refusal order, in terms of the Registration Act, 1908 and Indian Stamp Act, 1899 and communicate the sarlle to thc concerned parties; in no case, the Sub-Registrars shall not refuse the documcnts orally for registration and it must be followed by a written refusal order.

8. [n view of the above and n'ithout expressing any opinion on merits of the case, this writ petition is disposed of directing thc Registering Authority to follow the Circular Memo No.G3/91'22/2024, dated 12.08.2024 and consider registrability of the subject document and pass orders, as expeditiously as possible, preferably within a period of one (01) week from the date of receipt of the subject document, by duly assigning reasons in support of such decision and communicate the said decision to the petitioner. I

9. With the above dircctions this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs \ \ T" //TRUE COPY// ^?kl^'iT'#t!3'P-1'J SECTION OFFICER / I ff,fltffi+m*'-t$.w#$;t#'ffi ; .:,"

6. Two CD CoPies BN BN VA HIGH COURT DATED:2710112025 I CC TODAY ORDER WP.No.2135 of 2025 a 'f: o 1HE 5741 e 2 7 l[[ 2$25 (; .4.. ,?l)g r:,^ - DISPOSING OF THE WRIT PETTTION WITHOUT COSTS U ,{