The High Court · 2025

Petition under rSection '15'1 CPC praying that in the circumstances stated in the affidavit filed in r;upport of the petition, the High Court nray be pleased to direct the 3rd respondent to receive, register and release the Gift Setflement Deed Pending document No 12 of 2024 submitted by the petitioner for registration with regard to the House bearing No.1-65121114 (PTIN No.1219985247), plot No.114, with a built up area of 904 sft. (ACC) in Sy.Nos.12,12lA and 13 admeasuring 233.33 sq. yards or 195.06 sq. meters, siluated at Guttala Begumpet village, Serilingampally Mandal, under GHMC Chanrlanagar Circle-21, Ranga Reddy District, by suspending the Refusal Order No.27 t2024lRO(OB) dt.23-O1-2024 issued ry the 3rd respondent pending disposal o1'the writ petition. Counsel for the Petitioner : SRI N.M.KRISHNAIAH Counsel for the Respondents: ASST.GP FOR STAMPS AND REGTSTRATION The Court made the following: ORDER I I i I ; : I i I THE HONOURAB LE SRI JUSTTCE K.SARATH WRIT PETITION No. 3585 of2024 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Plead'er ior stamps ald registration appearing for the respondents'

2. Learned counsel for the petitioner submits that questioning the Intimation of Refusal Order issued by the respondent No.3-Joint Sub-Registrar-I uide Refusal Order No.27 l2024lRO(OB) dated 23'Ol'2024' which is for refusing to register the Gift Settlement Deed document No.12 of 2024 executed by the mother of the petitioncr with respect to the House bearing No' 1- 65121 1t4 (Fr|IN No'1219985247)' Plot No' 1 14' in Sy.Nos. 12, l2lA & 13 admeasuring 233'33 Sq' Yards situatecl at Guttala Begumpet Village, Serilingampally Mandal under GHMC Chandanagar Circle-2l' Ranga Redcly District, the petitioner hled the present writ petrtron

3. Learned counse i for the petitioner further submitsthattherespondentNo.3refusingtoregister R : i I I I I ., the Gift SeLtlement Deed of the subject property on the ground the,t the subject property is in Survey Nos.12 and 13 of the Guttala Begumpet Village, u.hich is under prohibitor-y list for registration under Sec 22u(1)(d) of the RegistraliorL Act uide Urban Land Ceiling Letter No.A4 1928 1'20lO, dated 17.03.2010 and also as per the Circular Nlemo issued by the Commissioner and Inspector (ieneral of Stamps ald Rcgistt.ation uid-e Memo No G2l25Z l2OI9 dated 26.08.2,020 and 29.12.2020

4. Leerned counsel for thc petitiorrer [urther submits tha! the subject property was regularrzerl by the Urbal Land Ceiling authorities as per G,O.\{s.No.297, Revenue (UI.III) Department, dated 76.O4 2O1O uid.e Endorsement Application No.F1l747 /8730,/08 dated 27.04.2010 and stated that the subject land is not falling uncle.: the prohibitory list. Without Laken into account of the same, the respondents have raised objections for. registration of the subject prrtperty. He further submits that after fiiing the present rvrit petition, the petitione,r had made an application t>efore the i I ! i I t ] I I t;t/ '-a:!l.,f/ 'i'':l1ip I,,. n I I I i I I I I ; I 3 competent authorities and requesting for regular2ation of lay-out and the sarne was executed' by them and issued proceedings uid"e Proc'No'C/GHMC/ 117056 I 2O2O dated 17.06.2025' ln view of the proceedings dated 17.06.2025, the objections raised by the respondent authorities for registering the subject property are overruled and requested this Court to a1low the writ petition by setting aside the Refusal Order No.2712O24/RO(OB), dated 23'01 '2024 and direct the respondent authorities to register and release the Gift Settlement Deed pending document No'13 of 2024 wfill regard to the subject ProPertY

5. Learned Assistant Government Pleader appearing for the respondents has not disputed the submissions made by the learned counsel for the petitioner with regard to the No Objection Certihcate uide Etd,otsement dated 27'04'2010 granted by the Urban Land Ceiling authorities and regt;Jarizatton of layout by the competent authority and reqrrested to pass appropriate orders 4

6. Alter hearing both sides, this Cor,rrt is of the considered view that basing on the proceeclings issued by the Ulban Land Ceiling authorities uide Letter No.A4/92a,/2010 dated 17.O3.2O7O and zrlso as per Circular Mt:mo No.G2/257 12019 dated 26.C,8.2O2O and. 29.12.2O2O, the respondent No.3 has issued Refusal Order No.2BI2O24IRO(OB) dated 23.01.2024 to the petitione r and stated that without valicl pe rmission or without alty lay-out approval from the compeLcnt authority, i.he registration of the subject document carnot be entertained. After issuance of the ltroceedings dated 17.03.20i0, the Urban Land Ceiling authorities have issueci subsequent proceedings in Endorscmcrrt Application No.F.l/7aZ /8730/OB d,ated. 2Z.Ozt.2010 and stated that the subject land is not falling under the prohibitory list. Therefore, the respondenr I\1o.3 has to consider thr: proceedings in Endorsement ,\pplication No.F 1 / 7 47 I 87 30 / OB dated 27 .O4 .2O tO.

7. Crnce the Urban Lald Ceiling authorities ._-j".t-'"O the subject property is not falling under the prohibited 1is;t. The respondent authorities harve to take l I i , I I I I i I ! ry,-. f .\ i I I I ! I I I I I I l i I I I L I I 5 the same into account and pass appropriate orders' Moreover, after filing of the writ petition, the petitioner has made an Application for regularization of the subject layout. In view of the sarne, competent authority has issued Proc.No.C/GHMC/ 117056l2O20 dated 17.06.2025 and regulartzed thle layout of the petitioner' B. In view of the above circumstances' the impugned Refusal Order No'27 12O24/RO(OB) dated 23.01 .2024 passed by the respondent No.3 is liable to the set aside. Therefore, the respondents have to consider the subject d'ocument presented by the petitioner and register the same without reference to the impugned Refusal Ord.er No'27 12O24/RO(OB) dated

23.Ot.2024.

9. In view of the above findings, the Writ Petition is disposed of by setting aside the Refusal Order No.27/2O24IRO(OB) dated 2301'2024 issued by the respondent No.3-Joint Sub-Registrar-I and the respondent No'3-Joint Sub-Registrar-I is directed to register and release the Gift Settlement Deed pending document No.12 of 2024 with regard to the land in Plot 1 II 6 No. 114 in Sy.Nos. 12, 12 lA & 12 admeasuring 233.33 Sq. Yards situated at Guttala Begumuet Vitlage, Serilingamirally Mandal under GHMC Chandanagar Circle-2 1 , Flanga Reddy District.

10. Miscellaleous petitions pending, il-any, in this Writ Petition shall stand closed. //TRUE COPY// SD/.MOHD. ISMAIL DEPUTYREGISTRAR SEcTIL;]&FFrcER fhe Secretary, S tamps and Registration Department, Secretariat, State of Telangana, Hyde'rabad. The Commissiorer and lnspector General, Registration and Stamps, Telangana, Hyde.rabad. The Joint Sub-Rr:grstrar- I, R.O., Ranga Reddy District. The Special Officer and Competent Authority under Urban Land Ceiling, Hyderabad- cum. district Collbctor, Ranga ieddy District One CC to SRI N tM KRISHNAIAH Advocate. tOpUCl Two CCs to GP f:OR STAMPS AND REGISTRATION, High Court for the State of Telangarra. [OUT] Two CD Copies. BSK tss \'Y/ J),oT/ To 2 3 4 q 6 7 I i i l i I I I I T I I I t : I I I I i I I I I I I I I i I I I i i i I j I I ) I I I I I i i : I I I I ! i I T I J o() )- t t ,ilES T4 16 JUL 2025 2 .r' * ..Sl.arc HIGH COURT DATED:26106t2025 ORDER WP.No.3585 of 2024 DISPOSING OF THE WRIT PETITION WITHOUT COSTS D) t6