High Court · 2025

circumstances 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 my land in survey no 44118 extent of 1 acre in Pentakalan Village of Bodhan Mandal, Nizamabad District with the petitioner no 2 for slot booked by me on 2710112025 to be executed on 2910112025 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 441 /8 extent .: of 1 acre vide Digital passbook no - T11040090442 to the petitioner no 2 as per the Slot booking Application No- 2500049979. Counsel for the Petitioners: M/s. P.LALITHA KAMESH Counsel for the Respondents: AGP FOR STAMPS & REGISTRATION The Court made the following: ORDER r THE HON,BLE SRI JUSTICE K.SARATH No. 3626 f 2025 o WRIT PE TIT ION ORDER: Aggrieved by the action of the respondent No 2 in i. refusing to receive and register sa-le deed in respect of to an extent of Ac'1'OO the in Sy.No .44llS,admeasuring €pntas, situated at Pentakalan Village of Bodhan Mandal, Nizamabad District' presented by petitioners' the petitioners hled the present writ petition'

2. Heard learned counsei for the Petitioners and Iearned Assistarit Government Registration appearing for the respondents' Pleader for StamPs and The Learned counsel appearing for the petttroners 3. would submit that the petitioner No 1 is the owner and possessor of land admeasuring to an extent of Ac 1'OO guntas, situated in Sy No'44 1/8' of Pentakalan Village of Bodhan Mandal, Nizarnabad District (hereinafter referred to 'subject property')' having purchased through registered sale deed No.796/2OO5 dated 23.O,2.2OO5 under Land Pr_rrchase Scheme from Nizam Sugar Limited, Shakkar Nagar'. Bodhan Mandal and the said extent also stated to have been recorded in the name of the petitioner No. 1 in the revenue records. When petitioner No.1 intended to exr:cute thc 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 to be made on 29.O1.2025, but the respondent No.2 refused to receivc the said document on the ground that the subject properfir was purchased under the Land Purchase Scheme a nd hence liled the present writ petition.

4. The learned Counsel for the petitioners would further submit that in a similar and identical land registration, this Court passed orders in W.p.No.31573 of 2022 dated 15.12.2022 directing the respondenl. No.2 therein to register thc sale document and in the instant s F-< case also the petitioner No. I purchased the subject property under Land Purchase Scheme lrom Nizam Sugar Factory with the help of loan from financial corporations and such loans were waived off by the then Government in the year, 2004.

5. The learned Assistant Government Pleader for Stamps and Registration basing on the instructions submitted by the respondent No'2 submit that the land in Sy.No.430 to an extent of Ac'8'35 guntas situated at Pentakalan Village Shivar of Bodhan Mandal stands in the name ol Nizam Sugar Factory and on perusal of manual pahanies the subject land was allotted to the petitioner No.1 vide document No'796 of 2005' dated 23.O2.2OO5, but did not deny the orders passed by this Court in a similar and identical matter in W'P'No 31573 of 2022 and requested to pass appropriate orders' In view of the submissions made by the both sides 6 and by following the Orders passed by this Court in t I I I I i I I I I I i I I *. W.P.No.31573 ot 2022. datcd 15.12.2022, the lr'rit petrtron ts disposed of directing that the Registering Authority/respondent No.2 to receive the document sough to be presented by the petitioners in respect ol the subject property and compiete the process within two (2) weeks from the date of presentation of the said document by the petitioners subj ect to the said document complying with the requiremcnts of Registration Act, 1908 and Indian Stamps Act, 1899

7. The Registry is directed to annex copy of orcler in W.P.No.31573 of 2022 dated 15.12.2022 aiong with this order. B. Miscellaneous lretitions, if any, pending sha1l stand closed. No order as to costs. //TRUE COPY// SD/. T. TIRUMALA DEVI D EPUTY REGISTRAR ECTION OFFICER \ To, ,1 . The Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad, Telangana, State of Telangana.

2. The Tahsildar cum Joinlsub Registrar Mandal Revenue office-Bodhan, Bodhan Mandal, Nizamabad District.

3. One CC to M/s. P.LALITHA KAMESH, Advocate IOPUCI 4.TwoCCstoGPFoRSTAMPS&REG|STRAT|ON,HighCourtfortheState of Telangana at Hyderabad [OUT]

5. Two CD CoPies (Along with the copy of order dated 15.12.2022, in W.P'No'31573 ot 20221 --- 6- HIGH COURT &{ DATED:0810412025 I ORDER WP.No.3626 ot 2025 7 o 1 yrE S I11e 2E A'- 7lr2i t O1-..pn., ....rt C C( z DISPOSING OF THE WRIT PETITION, WITHOUT COSTS (9r'i' W THE HON'BLE JUSTICE MUMMINENI SUDHEER KUMAR IVRIT PETITION No. 31573 of 2o22 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.512/ 10/2 of Ambam (y) Village of Yedapally Mandal, Nizambad District by acquiring the same through gift deed dated 01.12.2020 executed by her mother-in- law namely N.Sayamma W/o. N.Pentaiah under the gift deed registered on 07.12.2O2O vide document No.SO/2020. Further, the case of the petitioners is that her mother-in-Iaw acquired the said property under a registered sale deed dated 01.O4.1997 vide document No.979/1997 under a Lald Purchase Scheme from Nizam Sugar Limited, Shakkar Nagar, Bodhan Manda-i. The said extent of land is also stated to have been noted in the name of the petitioner No.1 in revenue records and she was also issued digital pattadar passbook vide No.T1 1260010980 with Katta No.60282 in respect of said extent of land. When the ,s '!r :'{- ,.E 2 petitioner intended to execute the sale deed in respcct of said extent of land and approached the respondent No.2 herein by submittrng the online application No.22000699686 and also booked slot for registration of the said sale deed, the respondent No.2 herein refused to receive the said document on the ground that the subject property was purchased under the Land Purchase Scheme and hence he cannot process the document for registration.

03. Aggrieved by the said action of the respondent No.2, the petitioners approached this Court by filing the present writ petition.

04. A perusal of the sale deed executed by the Nizam Sugar Limited in favour of the mother - in -law of the petitroner No.1 shows that absolute rights of subject property transferred in favour of the mother-in-law of the petitioner No.1 and petitioner No.1 herein succeeded to the same under registered gift deed. The said propefty is also updated in the name of the petitioner No. 1 in the revenue records in Dharani Portal. In the absence of any condition in the sale deed executed in the name of the mother - in -law of the petitioner No.1 to restraining her from alienating the subject property, the action of respondent No.2 in iJ.. 1 I 3 refusing to receive the document sought to be presented by the petitioner No,1 through application No. 220006996g6 and refusing to process the same is totally illegal ald arbitrary.

05. As per Section 7l of the Registration Act, 190g, the respondent No.2 who is competent to entertain registration of document in respect of agricultural lald is under obligation to receive and process the documents in accordance with law.

06. Under the circumstances, this Court does not frnd arLy justilication on the part of respondent No.2 in refusing to receive the sale deed that is sought to be presented by the petitioners in respect of land admeasuring Ac.O.30 guntas situated in Survey No.5t2/10 12.

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 and when such document is presented by the petitioner No. 1 in respect of subject property, the respondent No.2, and shall receive the sarne and complete the process within a period of two (02) weeks from the date of presentation of the said document by the petitioners subject to the said document complying with the 4 requirements of Registration Act, 19O8 and Indian Stamps Act, 1492 Pending miscellaneous applications, if any, shall stands closed, No costs JUSTICE MUMMINENI SUDHEER KUMAR Date: 15.12.2022 B/ o. TMK/ SSM