High Court · 2025

Petition under Article 226 of lhe Constitution of lndia praying that in the circumslances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondent No.2 in refusing to register land in survey no 43014 extent of 1 acre in Pentakalan village of Bodhan Mandal, Nizamabad district with the petitioner no 2 for slot booked by the petitioner on 28-01-2025 to be executed on 29-01-2025 is illegal, arbitrary violative of principle of natural justice and also against Articles 14,19,21 and 300-4 of Constitution of lndia and consequently direct the direct the respondent no.2 to receive and register the land of the petitioner in Land in survey no 43014 extent of 1 acre vide Digital passbook no Tl 1040090938 to the petitioner no 2 as per the Slot booking Application No- 2500050203. Counsel for the Petitioners: SRI P.LALITHA KAMESH Counsel for the Respondents: AGP FOR STAMPS AND REGTSTRATTON The Court made the following: ORDER ?_i €{ THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.3593 OF 2025 ORDER:

1. Aggrieved by the ztction of the respcndent No.2 in relusing tr; ;-eceirre ar-rd register sa-le deed in respect of the in S1..No.130 14, admeasuring to arr extent of Ac.1.00 Eiuntas, situated at Pentelkalar Villag<: of Bodhan Mandal, Nizamabad District, presented by petitioners, thc pctition,:rs filcd thc present writ petitiorL

2. HcarrI learned counsel lor the petit.ioners and lcarned Assistant (iovernment Pleader for Sitamps and Registration appe:rring for the respondents.

3. The I-earned counsel appearing for tl.u: petitioners wo u1d subnr it th at the petitioner No. I is th e owner and possessor oi' land admeasuring to an extent of Ac.1.OO guntas, situirted in Sv.No.44i/8 of Pentakala.n Village of Bodhan Mandzrl. Nizamabad District (hereinzLfter referred to 'subject propertl.') having purchase d through registered sale dced No.1553 of 2OOO dated 1O.O4.2OOO under Land Purchase Scheme from Nizam Sugar Limited, Shakkar Nagar, Bodhan Manda_l and the said extent also stated to have been recorded in the name of the petitioner No.l in the revenue records and she was also Digital Pass Book No.T1 1040090938. When petitioner No. 1 intended to execute the sale deed in respect of the subject land in favour of the petitioner No.2, approached the respondent No.2 and booked a slot for registration, the respondent No.2 refused to receive the said document on the ground that the subject propert5r was purchased under the Land Purchase Scheme and hence hled the present writ petition.

4. The learned Counsel for the petitioners would further submit that in a similar and identical 1and registration, this Court passed orders in W.P.No.31573 of 2022 dated 15.12.2022 directing the respondent No.2 therein to register the sale document and in the instant case also the petitioner No.l purchased the subject .] l I t I propertv r lnder l-and Purchase Scheme frorn Nizam Sugar Iractorl ri iLtr the help of loan from financta1 corporations and such Loans u,ere n,aived off by the then Government in the ycar., 2004

5. The learned Assistant Govermnet Pleader for Stamps a nd Registration basing on the instructions sultmitted ir1, the respondent No.2 submit that the land irr Sy.No.4.-tO Lo an extent of Ac.8.35 gunt.urs situated at Pentakerlarr Village Shivar of Bodhan Mandal stands in the name rf Nizam Sugar Factory and cn perusal of manual pa.lranies the subject land was :Jlotted to the pctitioncr \o.1 vide document No.1553 ol 2OOO dated iO.O4.20OC,. but he did not deny the ordr:rs passed by this Court in a similar and irlentical matter in W.P.No.315l'3 of 2022 and requested to pass appropriate orders.

6. In r-ieiv of the submissions made by tre both sides and by follrwing the Orders passed by this Court in I I .,: W.P.No.3l573 of 2022, dated 15.12.2022, the writ petition is disposed of directing that the Registering Authority/respondent No.2 to receive the document sough to be presented by the petitioners in respect of the subject property and complete the process within two (2) weeks from the date of presentation of the said document by the petitioners subject to the said document complying with the requirements of Registration Act, 1908 and Indian Stamps Act, 1899

7. The Registry is directed to annex copy of order in W.P.No.31573 of 2022 dated 15.12.2022 along with this

8. Miscellaneous petitions, if any, pending shall stand closed. No order as to costs. //TRUE COPY// SD/.A.V.S. PRASAD o PUTY REGISTRAR ECTION OFFICER i I I I ; I To

1. Princtpal Secretary, Revenue Department, Secreta 2. The Tahsild ar cum JoinlSub Registrar' Mandal Revenue office-Bodhan' State of Telangana Telangana, t Buildings, HYderabad, 3 4 Two CCs to GP F Bodhan Mandal, Nizamabad district One CC to SRI P LALITHA KAMESH . Advocate [OP OR STAMPS AND State of Telangani, at Hyderabad. [OUT] UCI REGISTRATIO N,H igh Court for the 20221

5. Two CD Copies " diiln"g-;t'lia"lopv of the order dated 15'12'2022 in wP'No'31573 of I PSK LS HIGH COURT DATED:0810412025 ORDER WP.No.3593 of 2025 i$ !- .l 1 i,E. S -,-4 >( i-' ( o ? 3 APfl 2025 .t-l o F5p'r,r 1-r.1i DISPOSING OF THE WRIT PETITION WITHOUT COSTS @q'0 W THE HON'BLE JUSTICE MUMMINENI SUDHEER KUMAR WRIT PETITION No. 31573 of 2022 ORDER: Heard learned counsel for the petitioners as well as learned Government pleader for Stamps and Registration appearing for respondents.

02. It is the case of the petitioners that the petitioner No.l is the absolute owner and possessor of land admeasuring Ac.0.3O guntas situated in survey No.5t2/ lO/2 of Ambam [y) Village of Yedapally Mandal, Nizambad District by acquinng the same through gift deed d.ated, or.72.2020 executed by her mother-in- law namery N.sayamma w/o. N.pentaiah under the gift deed registered on 07.12.2O2O vide document No.SO/2O2O. Further, the case of the petitioners is that her mother in law acquired the said property under a registered sale deed dated 0I.04.1997 vide document No.979/1997 under a Land purchase Scheme from Nizam Sugar Limited, Shakkar Nagar, Bodhan Mandal. The said extent of land is also stated to have been noted in the name of the petitioner No.l in revenue records and she was also issued digital pattadar passbook vide No.Tl12600tO9gO with Katta No.6O282 in respect of said extent of land. When the 2 :: 'r#.{. petitioncr intended to execute the sale deed in respect of said extent ol land and approached the respondent \o.2 herern by submittinc the online application No.22O0069!t686 and also booked slot for registration of the said sa,le deed, the respondent No.2 hert,iL-r refused 1o receive the said document on the ground that the snb1ect property was purchased under the Land Purchase Scheme and hence he cannot process the document lor registra tion.

03. Aggrreved by lhe said action of the responclent No.2, the petitionerr. approached this Court by hling the present writ petition

04. A pt'r'usal ol the sale deed executed by the Nrzam Sugar Limited in 'avor-rr of the mother - in -law of the pelitioner No.1 shows that absolute rights of subject property transferred in favour of t:re mother in law of the petitioner No.1 ard petitioner No.1 hereil succeeded to the same under registered gift deed. Thc said pf,lperty is also updated in the name of the petitioner No.1 in thr' revcnue records in Dharani Portal- In the absence of any condition in the sale deed executed in the name of the mother - ir -law of the petitioner No.I to restrainrng her from alienating thc sub.;ect property, the action of respondent No.2 in 3 refusing to receive the document sought to be presented by the petitioner No. I through application No. 220006996g6 and refusing to process the same is totally illegal and arbitrary. 05. As per Sectio n 77 of the Registration Act, l9og, the respondent No.2 who is competent to entertain registration of document in respect of agricultural rand is under obrigation to receive and process the documents in accordalce with law. 06. Under the circumstances, this Court does not lind any justification on the part of respondent No.2 in refusing to receive the sale deed that is sought to be presented petitioners in respect of land admeasuring Ac.0.3O situated in Survey No.5I2/ tO/2. by the guntas

07. In the circumstances, the writ petition is disposed of permitting the petitioners to present the document for registration before the respondent No.2. As ald when such document is presented by the petitioner No. I in respect of subject property, the respondent No.2, and sharl receive the same a-nd complete the process within a period ot two (O2) weeks from the date of presentation of the said document by the petitioners subject to the said document complying with the I t 4 requirerents of Registration Act, 1908 and Indian Stamps Act, 1a92. Pen,ling miscellaneous applications, if an1,, shall stands closed. No costs. JUSTICE MUMMINENI SUDHEER KUMAR Date: 15 12.2022 B/ o. TMK,' SSM