High Court · 2025

circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue order, writ or direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the Respondent No. 3 in refusing to register the document No. P195/2024 in respect of all that of house bearing No. 4-42-49, in Plot No. 49, situated at Sy.No. 348 to 35.1, 312tpart, and 358/part, admeasuring 142.84 sq. Yds or 119.42 sq Mtrs, situated at Asbestos Hills colony, Jagadigirigutta, Kukatpally village, under GHMC Circle Limits, Kukatpally Mandal, 7 Medchal Malkajgiri District, Telangana state as communicated vide letter No. 37lSRO/Kukatpallyi2OZ5 dt. 08.01 .2025, as illegal, arbitrary and violative of fundamental rights under Article 14 and 21 and 300-4 of the Constitution of lndia and consequently direct the Respondent No. 3 to receive, register and release the said document submitted by the Petitioners herein. 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 Respondent No 3 to register the document No. P195/2024 in respect of all that house bearing. No. 4-42-49, in Plot No. 49, situated at Sy. No. 348 to 351, 352lpan, 357lparl and 358/part, admeasuring 142.84 Sq. Yds or 119.42 Sq Mtrs, situated at Asbestos Hills Colony, Jagadigirigutta, Kukatpally village, under GHMC Circle Limits, Kukatpally Mandal, Medchal Malkajgiri District, Telangana state submitted by the Petitioners pending disposal of the above Writ petition. Counsel for the Petirioners: SRI PONNAM ASHOK GOUD Counsel for the Resoondents: AGP FOR STAMPS AND REGISTR.ATION The Court made the following: ORDER 7 THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETI TION No.33O3 of 2o25 ORDER: This writ petition has been fi1ed seeking the following prayer: "to issue order tait or direction more partiatla g one in the nature of WRIT OF MANDAMUS declaing the action of the Respondent No 3 in refusing to register tle d.ocumeftt No P195/2024 in respect of aLl thc.t of house beaing No 44249 in Ptot No 49 situated at Sy No 348 to 351 352/pan and 358/part admeasuring 142 84 Sq Yds or 119 42 SqMtrs situated at Asbesfos Hitls Cotong Jagadigtigutta KukatpatlA uillage under GHMC Circle Limits Kukatpallg Mandal Medchal Malkajgin Dtstict Telangana state as commurltcoted uide letTer rVo 37/ SRO/ Kukatpattg/ 2025 dt 08 01 2Q25 rts lllegal arbitrary and uiolatiue of fundamental rights und.er Article 14 and 21 and 3OOA of tle Con-stttution of India and. consequently direct the Respondent No 3 to receiue register and release the sdid dodtment submitted bg *e Petitioners herein'

2. The brief facts of the case are that the petitioner No' I is being represented by its secretary, E. Mallikarjun Yadav and petitioner No.2 is the original allottee of plot No.49 admeasuring 142'84 square yards ot llg.42 square meters. The said plot was developed in a private layout vide Plan No.6704 IMP.2IHUDA/84 dated 03'05'1989 approved by Hyderabad Urban Development Authority. It is submitted that originally the said land was allotted by M / s. Hyderabad Industries Limite<l (for Short "HIL") being represented by its General Manager (Personnel). Thereafter, the petitioner had constructed a house on the said plot and a H.No.4-4-49. 2 .HIL

3. The background facts are that in the year 19g0, the workers of HIL (formerly Hyderabad Asbestos cement products Limited) registered a societ5r by name "Hyderabad Asbestos Cement Workers Cooperative Housing Society I-imited". The main objective was to acquire land and allocate house plots to its members for construction of residential houses' The saicl acquired Ac.s2.oO acres of land in sy.Nos.34g, 349, 35O, 351 (part), 352 (part) and 358 (part) at Kukatpally for Rs. 1O,40,O00/- rr.'irh sole aim of providing house to its workers. Thereafter, the szrid Asbestos Cement Workers Co_operative Housing Society Limited made a representation to t1le governm'ent on 25.01.1982 for grant of exemprion under Section 20 (1) (a) of the Urban Land (ceiling and Regulation) Act, 19T6 for the excess vacant land of Ac.52.00. The government thereafter examined the request of the land holders and granted exemption under section 20 (r) (a) of the said Act and issued order vide Memo No.337 /UC.II/82_S dated 16.06. 19g4, and directed the acquisition of the surplus land and its transfer to the Hyderabad Urban Deveropment Authority for rayout preparation and plot allotment to genuine societ5r members. The government vide G.o.Ms.No-923 dated o 1.08. 19g6 issued an order of allotting land admeasuring Ac.52.00 in the said survey numbers to Hyderabad Industries Limited for providing residential accommodation to its workers, benefiting approximately 1 ,364 workers as per the list furnished to the government on free of cost, in relaxation of the orders I Y -) issued in G.O.Ms.No.840, Revenue, dated 16.06.1982, subject to the following conditions. The same are extracted as under: 1 That the land is allotted to M/s. Hyderabad Industries Ltd only for the purpose of providing residential accommodation to their workers and it shalt not be sold or alienated to any other person.

2. The Hyderabad Industries Ltd, shall allot the plots/houses only to its workers as per the list furnished to Government.

3. That the Hyderabad Industries Ltd/auottee workers shall insure that construction of the houses is completed within a period of three years from the date of this order.

4. That the Hyderabad Industries Ltd/allottee workers shall not alienate the houses so constructed to any other person for a period of ten years from the completion of construction of houses.

5. That the Hyderabad Industries/allottee workers may howev.er mortgage the land/plots without possession to any financial other institutions only for the purpose of raising funds for the construction and for no other purpose.

6. and that the Hyderabad Industries Ltd, shall be responsible to the Government for complying with the above conditions.

4. Learned counsei for the petitioner draws attention of this Court to letter dated 08.02.201 1 issued by Hyderabad Industries Limited wherein the said company had handed over entire affairs of the ASBESTOS HILLS Colony to HIL Employees Mutually Aided Co-op Housing Society Limited represented by Mr. T. Swamy, S/o T. Mallaiah and Mr. E. Maliikarjun, S/o E. Maisaiah by taking reference to G.O.Ms.No.9l dated 27.OL1982. The said letter was issued by the then General Manager-HR in the name and style of "To Whom so ever it may concern" and authorized Mr. T. Swamy, S/o T. Mallaiah and Mr. E. Mallikarjun, S/o E. Maisaiah to maintain the affairs of the Asbestos ,1 Hills Colony and the relevant portion of the said letter is extracted as under: "In vieu,ofthe above, Mr. T. Swamy and Mr. E. Mallikarjun whose signatures are depicted below, may represent the housrng society as per the consent of the members of the socie$ before the Government authorities which may include Registration authorities and do the needful like registering the plots allotted to the eligible workers as per G.O.No.923 dated 01.08. 1986 in Sy.rVos.348 to 351, 3S2 (p), 3S7 (p) and 3S8 (p) situated at Kukatpalli, Hyderabad. They are empowered to issue allotment letters to the allotted workers or to their legal heirs, members of the society who are employees of Hyderabad Industries Ltd. And Third party registrations If the allottey Employee is no more alive and they are also authorized to execute sale deeds, etc. on behalf of the Hyderabad industries Ltd. Employees Mutually aided co-operatirre Housr.rg so.ciety Ltd."

5. Learned counsel for the petitioner submits that the HIL represented by Hyderabad Asbestos Cement Workers Cooperative Housing Society Limited has aliotted the land to the petitioner vide allotment letter dated 22.Ol.1ggo i.e., plot No.49 admeasuring 142.84 square yards or 11().42 square meters.

6. Learned counsel for the petitioner further submits that on 04.11.2024 the petitioner presented the allotment letter dated 22.01.1990 after paying challan for an amount of Rs.3,22,gOO/_ for registration before the Sub_Registrar, Kukatpally in respect of the subject property. Thereafter, the Sub_Registrar, Kukatpally, Medchal_ Markagiri District received and kept the document pending by alrotting No.P195 12024 a1d letter bearing refusal No.37lSRO/Kukatpaly/2o25 dated 08.o1.2025. issued a In the refusal letter, h*. Y 5 it is mentioned that the said letter of allotment was refused for registration for the reason that M/s. HIL has no authorization powers to execute Sale Deed in favour of allotees in the absence of Delegation of power by Government or Hyderabad Industries Limited and furthe r held that Under Section 34 of the Registration Act, the executants have no right/ power to execute the document from Asbestos Colony, Hyderabad Industries Limited. Challenging the same, the present writ petition is fiied.

7. The learned counsel for the petitioner has drawn attention of this Court to ciause 5 (a) of the G.O.No.923 dated 01.O8.1986, which reads as under: "5 (4). That the Hyderabad Industries Ltd/allottee workers shall not alienate the houses so constructed to any other person for a period of ten years from the completion of construction of houses". In view of the above, learned counsel for the petitioner submits that the said stipulated period of 10 years as envisaged above has been completed, since the allotment letter was dated 22.01.1990, the petitioner/ ex-worker of HIL now seeks registration of the said property. Further, the learned counsel for the petitioner has drawn attention of this Court to the Memo dated 05.02.2025 wherein a copy of the similarly registered letter of allotment bearing document No.g233 of 2025 dated O | .O8.2024 registered before the Sub-Registrar, Kukatpally, was filed. 6 B. The learne<l Assistant Government Pleader appearing for the respondents reported no instructions and seeks to pass approprlate orders. g. . Having considered the above lacts and circumstances, this Court deems it appropriate to set aside the refusal order No.o1 of 2025 dated og.ol.2025 and this writ petition is allowed. Petitioner is at liberty to approach respondent No.3 with the subject document within a period of two (2) weeks from the date ol receipt of copy of this order and thereafter, respondent No.3 is directed to consider the petitioner's case and shall pass orders by following the circular instructions issued by the Commissioner and Inspector General of Registration and Stamps' Telangana,HyderabaduideCircularMemoNo'G3l9l22l2O24,dated

12.08.2024 and strictly in accordance with law, as expeditiously as possible, preferably, within a period of two (2) weeks, subject to the petitioner complying with the provisions of the Indian Registration Act, 19O8, and Indian Stamps Act, 1899. It is also open to the Registering Authority to refl-rse to register the subject document, by specifically assigning the reasons in terms of Section 71 of the Act, 19O8 and communicate the said decision to the petitioner'

10. It is made clear that mere registration of the document does not confer title on the subject property and it is also made clear that this order would not have any bearing on al1 those matters where title/rights of thc parties are pending before the authorities either in 7 1 revision/ appeals for adjudication and in any other case this order also does not preclude the parties in asserting their rights before a competent Court of law. 1 I . Accordingly, the Writ Petition is disposed of. No order as to costs. Miscellaneous applications, if any pending, shall stand closed. //TRUE COPY// Sd/. A. SREENIVAS REDDY T REGISTRAR To, ECTION OFFICER 1 . The Principal Secretary, Revenue, Registration Stamps Departmerrt, State of I elangana, Secretariat buildings, Hyderabad

2. The District Registrar, Medchal, Medchal-Malkajgiri District. : If,g . Sub-Registrar, Sub-Registrar Office, Kukatpaily, Medchat Malkajgiri District.

4. One CC to SRI PONNAM ASHOK GOUD, Advocate [OpUC] 5- Two CCs to GP for Stamps and Registration, Hiqh Court for the State of Telangana at Hyderabad. [OUTI \

6. Two CD Copies MP s HIGH COURT NVSK,J DATED:0610212025 . gE Srar e' C/ x a) r_) 21 ti,B flffi ( .. * t)' . . -" ORDER WP.No.3303 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS W