High Court · 2025

Judgment

2. ?,

4. q The District Registrar, Hyderabad District, Hyderabad. The Sub Registrar, Maredpally, Secunderabad. The Joint Sub Registrar, Bowenpally, Secunderabad. The District Collector, Hyderabad District, Hyderabad. The State of Telangana., Rep. by its Principal Secretary, Revenue Department, Secretariat Build ing, Hyderabad. 6 The Tahsildar, Maredpally Mandal, Secunderabad. ...RESPONDENTS

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, order or direction, one more particularly in the nature of a 'Writ of Mandamus' declaring the action of Respondents in not receiving and registering the Memorandum of Deposit of Title Deed, in respect of the petitioners' property Semi-finished Flat No.1 03, 1"t Floor, admeasuring 2034 Sft (including common Area) along with _The Care parking space of 60 sft and undivided share of land admeasuring 64Sq.Yards (out of total area of 894.60 Sq.Yards) in the apartment known as MAHALAXMI SRI NILAYAM' situated at 7 Municipal H.No.10-3-36/ 1/ 1, in Sy. No.74l10, East Marredpally, Secunderabad, Hyderabad District, felangana State, as being arbitrary and illegal and consequently direct the Respondents to register and release the same after due registration. 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 to receive and register the Memorandum of Deposit of Title Deed, in respect of the petitioner's property s Semi-finished Flat No.103, .l"t Floor, admeasuring 2034 Sft (including common Area) along with One Care parking space of 60 sft and undivided share of land admeasuring 64 Sq.yards (out of total area of 894.60 Sq.Yards) in the apartment known as "MAHALAXMI SRI NILAYAM" situated at Municipal H.No.10-3-36/1/1 , in Sy. No.74i10, East Marredpally, Secunderabad, Hyderabad District, Telangana State, pending the disposal of the writ petition. Counsel for the Petitioners: SRI P. SRI HARSHA REDDY Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER HCNOURABLE SIII JUSTICE N.V.SHRAVAN KUMAR W'RIT PETITION No.2147 of 2025 ORI}ER: Heard [earned counsel for the petitioners and learned Assistant Covernrnent Pleader for Stamps and Registration appearing for respondent Nos.l to 6. With their consent this writ petition is taken up for disposal at thc stage of admission itself

2. This Writ petition is filed seeking the following prayer:- "to declnre tlrc action of tle Respondents in not receitting ard registering the Menrcrandum of Deposit of Title Deerl, in respect of the petitioner's property Semi-fnished Flat No.103, 1't Floor, ndmensuring 2034 Sft (irtchtding common Area) along ruith the Cor pnrkirtg space of 60 sft nnd unditided share of land ndmeasuring 54 Sq.Yards (out of total area of 894.60 Sq.Yards) irr tlte npartntent knozon ns " MAHALAXMI SRI NIIAYAM" situated nt Municiytd H.No.10--3-35/ 1/ 1, in Sy No 74/10, East Marredpallry, Secundernbnd, Hydernbad District, Telangana Stnte ss ltcirtg arbitrary and illegal and consequently direct the Respontleris to rcgister nnd release tlu sarue after due registration."

3. Brief facts of this writ petition are that the petitioners claims to be the owner and possessor of Semi-finished Flat No.103, 1't Floor, admeasuring 2034 Sft (including corunon Area) along with one car parking space of 60 sft and undivided share of land admeasuring 64 Sq.Yards (out of total area of 894.60 Sq.Yards) in the apartment known as "MAHALAXMI SIil NILAYAM" situated at Municipal H.No.10-3-36l 7/ 1, inSy No.74l10, East Marredpally, Secunderabad, Hyderabad District, Telangana Statc, having acquired the same through registered sale deed bearing document No.81 of 2 2025 dated 08.01.2025. The petitioners, to develop the subject property availed housing; loan from PNB Housing Fina,ce Limited (pNBHFL) and as per the conrlition's of the loan agreement, the petitioners have executed Memorandum of Deposit of ritle deed and dury enclosing the chalran uide receipt dated 07.01.2025 approached the respondent No.3 for registration. I However, thc responde nt No.3 orally refused to register the same on the ground that the subject property is included in the prohibitory property list. Aggrieved bv such rejection, petitioners filed this writ petition.

4. Learncd Assistant Government Pleader for Stamps and Registration has placed on record instructions issued by the respondent No.2, wherein in it is statecl that thc petitioncr had not submitted any such document before the registering authoritv and further submits that if the petitioner submits the subject document before the registering authority, the same would be processed as per the procedure laid down under the provisions of Registration Act, 1908 and rules framed there under.

5. Learned Assistant Government Pleader has also placed on record the circular instructions issueci by the Commissioner and Inspector General of Registration and Stamps, Telangana, Hyderabad zrjde Circular Memo No.G3/ 9722/2024, clated 12.08.2024, which reads as under:- "Attentiott oJ-the Sub-Registrars and Officers tn the address entry is invited to the reference cited, uherein Hon'ble High Court, u_thile dr'sposing the W.P No.16836/2O24 end batch cases, d.ated: O9_O7-2024 issued l ._--- I I 3 common ordels with certaln guidelines to the Registration Autlaities and instructions to concerned porlies' ln compliance with the orders of the Hon'ble High Court' tlle instruc'ions are issued' follor't-ting i) Wheneuer parties/ citizen rrpprorrch to register the documenls' the concemed- Sub-Registrar' shall as expedttiously as possible preferabty within one ueek' eitrrcr register the document or poss refusal order' in terms of the Registrotion Act' 1908 and' the lntlian StcLnP Act' 1899 and communicate the some to tthe concerned prLrties' In no case' the Sub Reg'.strars shall not refuse the documents orary for registration, and it must be folloued bg a toitten refusal orders' ii) In case documents are refused for registration' the Sub-Registrars shall inform the procedure for refund of Stamp DutA arrd regrstration charges to ttle corlcerned parties/ Cit{zens clearly The refund sl:./,]lt be stictla as per lndian Stamp Act' 1899 and Registration Act' 1908' iii) Sub-Registrars slall mrlintrrin a watch Register/ General Dtary (GD Book/ Entry Book/ Register) at euery Sub-ReEstrar OJfice and to make enties of the porttes opp'oo'"ning the olfrce on a particulor date and time Ior th-e purpose for uthich tteg opproached the offce' so as to auoid interference, tampeing and misrepr esentation' In uielu of tte aboue Sub-Re@strars are herebg directed to mointaitt a Reg ister in the following Proforma' N@ oll - rat r*^t I a I -P"4tu* I All the Sub- Reglstrars shall inuariabtg motirrtcLin th-e register in ttle aboue proforma in their offce and shall be kept open to the uisiting public to the offrce to record' their purpose for tlrc future reference' The Distict Registrars shall ensure that lle aboue Registers ore opened ond. mcintctirted' in the each Sub-Regi-strar Olfrce on regular bo'sis' iu) The registeing (tuthoities shntt follotu the guidelines issued in the cdses of Vinjamui Rajctgopla Chary vs state of Andhra Pradesh and M/s' lnuecta Technologies P/ruate Limited' Vs Gouemment of Andhra Prqdesh' I 4 I These instructions shall be folloued scrupulouslg- If ang deviation is found, suitable disciplinary actton will be initiated. Tlese instructiotls t itl not supersede the citizen charter prescibed Jor uaious seruices rend.ered bA the deparlment. "

6. Learned Assistant Government Pleader would further submits that if the petitioners submit the subicct document before the registering authorities the same would be considered and appropriate orders in will be passed in accordance with law

7. At this stagc, lcarnet{ counsel for petitioners submits that the petitioners may bc permitted to submit the subject document before the registering authorities and furthcr pray this Court to direct the registering authorities to consider the same for registration

8. It is pertinent to note that in terms of the said Circular. all the Sub- Registrars shall invariablv exarnirre the clocunrents and they shall, as expeditiously as possible preferably within a period of one week, either register the documcnt or pass refusal order, in terms of the Registration Act, 1908 and Indian Stamp Act, 1899 and communicate the same to the concerned parties; in no casc, the Sub-Registrars shail not refuse the documents orally for registration anci it must be followed by a written refusal order.

9. In view of the above antl without expressing any opinion on merits of the case, this writ petition is disposed of directing the Registering I .^*.*7 5 Authority to follow the Circular Memo No.G3/9122/ 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 petitioners.

10. With the above directions this writ petition is disposed of. Miscellaneous applications, if any pending, shall stand closed. No order as to costs //TRUE COPY// ASSI SD/-A.V.S.PRASAD NT REGISTRAR ECTION OFFICER The District Registrar, Hyderabad District, Hvderabad. The Sub Registrar, Maredpally, Secunderab-ad. The Joint Sub Registrar, Bowenpally, Secunderabad. The District Collector, Hyderabad District. Hyderabad. The Principal Secretary,- Revenue Department, Secretariat Building, The State of Telangana., Hyderabad. The Tahsildar, Maredpally Mandal, Secunderabad. One CC to Sri P. Sri Harsha Reddy, Advocate [OpUC] Two CCs to GP for Stamps And R6gistration, High Court for the State of I elangana, at Hyderabad [OUT] Two CD Copies To, 1 2 .7 4 6 6 7 8 o TJ GJP 6 HIGH COURT DATED:2810112025 ORDER WP.No.2147 of 2025 DISPOSINGNOF THE WRIT PETITION WITHOUT COSTS @.c'W