High Court · 2025

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 or writs, order or Direction, declaring and setting aside the order dated 17.12.2024 in procgs.No. Appeals/ 7758/2024 on the file of the 2nd Respondent and the lntimation of Refusal No- 2212019 dated 7.11.2019 on the file of the 3rd Respondent, as illegal, arbitrary and without jurisdiction and to consequen y direct the 3rd Respondent to forthwith register and release the document No. p.s5/201g in respect of land to an extent of 291 sq yds bearing Plot No. 19-D in Sy No. '103/1 7, 1o3t1} and t03/19, ward No. 18, Block No.13 situated at Bandlaguda Khalsa, Mailardevpally Village, Ranga Reddy District , Award costs. !A 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 issue lnterim directions to the 3rd Respondent to forthwith register and release the document No. P.55/2018 in respect of land to an extent of 291 sq yds bearing Plot No. '19-D in Sy No. 103117,103/'18 and 1}3l1g,Ward lrio. 18, Block No.13 situated at Bandlaguda Khalsa, [Vlailardevpally Village, Ranga Reddy District without reference to the lntimation sent by the 4th Respondent, pending disposal of W P No. of 2025. Counsel for the Petitioners:SRl. K RAGHUVEER REDDY Counsel for the Respondent No 1 to 3 : GP FOR STAMPS AND REGISTRATION Counsel for the Respondent No 4: GP FOR REVENUE The Court made the following: ORDER --L THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITTO IY No.32 2L of 2O25 ORDER: Heard learned counsel for the petitioner and learned Government pleader for Stamps and Registration for the respondents a,d perused the entire materiar on record.

2. Learned counsel for the petitioner submits that the petitioner filed the present writ petition to declare the order passed by the .respondent No.2_District Registrar in procgs.No.Appeals/7ZSg/2024, 17.L2.2O24 and Intimation of Refusa-l order passed by the respondedt No.3/Sub-Registrar in No.22/2O19, dated 07.1L.2O19 as illegal and arbitrar5r and consequently direct the respondent No.3 to register and release the document No.p.55/ 2O1g hled by the petitioner in respect of the lald to an extent of 291 Sq.yards bearing plot No.19-D in Sy.No.IO3/t7, 103/18 and 1O3/19, Ward No. 18, Block No. 13 situated at Bandlaguda Khalsa, Mailardevpally Village, Ranga Reddy District. \ ( 'i 2 SK, J wP-3221 2025

3. Learned counsel for the petitioner further submits that the impugned refusa_l order dated 07 '1r'2or9 was passed basing on the common Judgment passed by this Court in CMA.No s.231, 237, 249,253,630 and 622 of20lg dated O2.Og.2Ltgas well as letter addressed by the respondent No.4_Ta_trsildar in Lr.No.B/ L2OO/ lggg dated Ll.Og.2Ol7 wherein it is stated that W.A.No. 137g of 2Ol2 is pending against the suit schedule properez and registration of thi said propert5r is against the oi-ders passed by this court in W.P.No.2Og4S of 2OO9 dated 06.07 .2012. Thereafter, the said appeal W.A.No.1378 of 2Ot2 filed by the officiat respondents was dismissed by the Division Bench of this Court on 04.06.2024.

4. Learned counsel for the petitioner further submits that after passing of the impugned refusal order, the Xl-Additional Chief Judge, City Civil Court, Hyderabad, passed orders in O.S.No.751 of 2OI7 on 75.12.2027, which is filed for specific performance of agreement of sale deed dated 2g.O2.2OO4 in favour of the 7 3 SK, J wP_3221 2025 plarntiffs' therein and the same was dismissed on

15.12.2021. In view of disposal of the W.A.No.137g of 2OI2 and O.S.No.751 of 2OLT, the petitioner has approached the respondent No.2-District Registrar by filing an appeal in Procgs.No.Appeals/7T5812024 against the impugned refusa_l order dated OT.ll.2Ol9 and the sarne was dismissed on 17.L2.2O24 by the respondent No.2, wherein it is stated that they have no jurisdiction to entertain the appeal after thirty (3O) days as per Seetion 77(l) of the Registration Act, 1908. Aggrieved by the same, the petitioner filed the present writ petition and requested to direct the respondent authorities to reconsider the document No.P.55/ 2018 submitted by the petitioner in view of disposal of W.A.No. 137g of 2OI2 atd O.S.No.7S1 of 2OL7.

5. Learned Assistant Government pleader,has not disputed the submission made by the learned Counsel for the petitioner about the disposal of W.A.No. l37a of 2Ol2 and O.S.No.75 1 of 2OL7 and requested to pass appropriate orders. -::=-- 4 SK, J wP-322r _2025

6. In view of the above submissions made by the \ both sides and on perusing the entire material on record' this Court is of the considered view that letter in Lr.No.B/12OO11999, d.ated ll.O8-2O17 issued by the respondent No.4-Tahsildar shows that the W'A'No'1378 of 2012 is pending before this Court, which is Iiled against the order passed in the W.P'No'20845 of 2OO9 dated 06.07 .2012 for the suit schedule propert5r' In fact, the said W.A.No. 1378 of 2Ol2 was dismissed by the Division Bench of this Court on 04.06'2024' Thereafter, the Competent Civil Court has dismissed the O'S'No'75 1 of 2Ol7 on 15.l2.2o2l and CMA.Nos.23l of 2018 and batch dated 02.08.2018, which were filed ag:rinst the I'A' in O.S.No.751 of 2017. In view of the above circumstances, the petitioner has hled an appeal against the intimation of refusal order dated O7'll'2O19 before the Competent AuthoritY.

7. The respondent No.2 without taking into account of the disposal of W.A.No.1378 of 2Ol2 and O'S'No'7S1 of 2017, rejected the appeal hled by the petil-ioner on the 5 SK, J wP 322t 2025 ground that they have no jurisdiction to entertain the said appeal after thirty (30) days as per Section 77(l) of the Registration Act, 1908.

8. It clearly shows that initially basing on the pendency of the W.A.No. 1378 of 2Ol2 ar,.d orders passed in CMA.Nos.231., 237, 249,253,630 and 672 of 2018 on

02.08.2018, the respondent No.3 passed impugned order on 07. ll.2ol9 and refused to receive the document submitted by the petitioner. g. In view of the above changed circumstances, the respondent authorities have to receive, register and release the document No.P.55/ 2O18 submitted by the ( I petitioner wittrout reference to the earlier refusal order dated 07. ll.2otg, if it is otherwise in order.

10. In view of the above findings, the writ petition is disposed of directing the respondent authorities to reconsider the document No.P.55/ 2018 submitted by the petitioner and register and release the sarne without reference to the order passed by the respondent No.2- District Registrar in Procgs.No.AppealslTT53/ 2024, 6 SK, J wP 322t 2025 \ dated 17. 12.2024 and Intimation of Refusal order passed by the respondent No.3/Sub-Registrar in No'22 I 2Ol9' dated 07. ll.2olg and communicate the same to the petitioner within four (04) weeks from the date of receipt of copy of this order, subject to the petitioner complying with the provisions of the Registration Act, 1908 as well as the Indian Stamp Act, 1899. There shalt be no order as to costs.

11. Miscellaneous petitions, if any pending in this writ petition, shall stand closed. //TRUE COPY// iB!Ef^R}H'[T?HXA I SECTION OFFICER ( Resist ratio n a nd Stamps)' State of Telangana ' ar r 1 . rhe pri ncipa I ?9:rtilv<P;Bgffi ffJ"T$enue 2. The District Registrar' Hyderabad (South) (FAC) 3. The Sub REgistrar' Azampura' At Moosarambagh' Hyderabad ,. ,n" Tahsildar, Bandlaguda Mandal' Hyderaabad District 5. One CC to SRI K RAGHUVEER REDDY Advocate IOPUC] 6. Two CCs to GP FOR STAMPS AND REGISTRATION 'High " iili" otli'tansana [oUTl 7 Two ccs to Gp FOR REVENUE High court for the state of rerangana, at Court for the HYderabad [OUTI- \ To,

8. Two GD CoPies DD I HIGH COURT DATED:2 410412025 ORDER .9 s\ \ \ \ I* ,o .c*: ,,, WP.No.3221 of 2025' __ir' DISPOSING OF THE WRIT PETITION WITHOUT COSTS \l DA