ARCOM MEDICAL DEVICES PVT. LTD v. 1. THE STATE OF TELANGANA
Case Details
Acts & Sections
Petition under Article 226 ot lhe constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue an appropriate writ, order or Direction, more particularly one in the nature of writ of Mandamus a. Declaring the Endorsement No.B 17112025 dated 22.01.2025 issued by Respondent No.2 as arbitrary, nonest in the eye of law being violative of Article 300A,14 and 21 of the constitution of lndia and b.consequently, direct the Respondent No.2 to receive, register and release the Ratification Deed being present by the Petitioner herein for Ratification of the registered sale deed document No. 7641 of 2016 dated 07.09.201 6, registered at the office of sub-Registrar, chevella lN THE ALTERNATIVE Direct the Respondent No.3 to receive, register and release the Ratification Deed being present by the Petitioner herein for Ratification of the registered sale deed document No. 764112012 dated 07.09.20i6 registered at the office of sub- Registrar, Chevella. lA NO: 1 oF 2025 Petition under Section 1s1 cpc praying that in the circumstiances stated in the affidavit filed in support of the petition, the High court may be pleased pleased to direct the Respondent No.2 or in the alternate to the Respondent No.3 to receive, register and release the Ratification Deed being prresent by the Petitioner herein for Ratification of the registered sale Deed document No. 7641 of 2016 dated 07.09.2016, registered at the office of Sub-Registrar, chevella, pending disposal of the above writ petition. Counsel for the Petitioner : SRI DHARMESH D.K.JAISWAL counsel for the Respondents: ASST.Gp FoR srAMps AND REGTSTRATION The Court made the following: ORDER HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.4634 of 2025 ORDER: Heard learned counsel for the Petitioner and learned Assistant Government Pleacier for Stamps and Registration appearing for respondent Nos.1 to 4. With their consent this writ petition is taken up for disposal at the staBe of admission itself.
2. This Writ petition is filed seeking the following prayer:- " a. to declare the Endorsement No.B y'1/2025 dated 22.07.2025 issued by Respondent No.2 as arbitrary, nonest in the eye of lazo being ttiolntizte of Article 300A, -14 and 21 of the Constitution of India and b. Consequently direct the Respondent No'2 to receiae, registur and release tlrc Ratifcation Deed being present by the Petitioner furein for Ratifcntion of the regtstered sale drcd document No 764L of 2016 riated 07.09.2016 registered at the Offce of Sub-Registrar, Cheaella; IN THE ALTERNATIVE Direct the Respondent No.3 fo receiae, register and release the Ratifcation Deed being present by the Petitioner herein for Ratifcation of the registered sqle dzed document No.76412012 dated 07.09.2016 registered at the Offce of Sub-Registrar, Cheaella."
3. Brief facts of this writ petition are that the petitioner oide sale deed bearing clocument No.7641 of 2016 dated 07.09.2016, purchased agricultural land admeasuring to an extent of Ac.4-10 gts in Sy.No.93 / 6e (old Sy.No.93), 93/5/'1 (presently 93/5/1/1) and 93/5/2, Aloorll Village, Chevella Mandal, Ranga Reddy District and the same was registered at the office of the Sub-Registrar, Chevalla Thereafter, the petitioner on 1L.1-l'.2024 executed ratification deed and oidc representation dated 27.12.2024 t::. ' :,:. approachcil the office of lespondent NIo.2 for registlation of rati{icatiorr deed dated 11.7L.2024. However, respcndent No.2 issued Endolsement No.B/'71, /2025 dated 22.0L.2025, stating the follorving:- "The Thnsilrlars of the Ret;enub Mandals concerne.d are irreby appointed as loint Sub Registt'ars uith an ofrce at the headquarters o.f tht Mandal to deal nith registrntion of tlocuments relating to the lanrls u'hich the Telangatn l.iights in Land and pnttedal pass books act, )-020 aplLlies, and allied mntters under the legistration Act, 190[i and tlrc n es mtule there u nder: As per Lhe ahot:e Dharani Act, this ofJtce ztests no poTrel to ratify or l?atificatton of Registered saLe deed uhich zoere executcd in tltis ttffce can be rntiJied. Hence your request cannot be processed trL thts oJfce at prcsent. /ifter prcaiding suiLabLe optiotls.from the Goaernnt,'nt your request citl he taken inlo consillerfltiot'I. ITence infornrcrl."
4. l,earnecl counsel for the petitioner submits t l-rat as per G.O.Ms.No.118, Revenue (Registration) Departrnent dated 28.10.2020, the State of Telanganzr appointed the Tahsiidar o( concerned Relenue Mandal as Joint Sub-Rr:gistrar to deal u'ith rc6;istration of dotuments relating io the lands to which Telangana Rights in Land and Patttadar Passb<roks Act,2020 applies, insprtc o{ thc above, respondent No.2 refused to regisl.er the subject document and issucd Endorsement No.B/71/2025 daLed 22.0L.2025. Aggrieved bv the same this writ pctition is filed
5. Learnecl Assistant Government Pleader for Stamps ancl Registration has placed on record the instructions issued by respondent No.4, which reads as under:- "ht ihis ragnrd, it is respectfully submitted that nfter enactnunt of the Telangana Rights in Land and Pattad,nr Passbook Act, 2020 and rcsue of G.O.Ms.No.1'18, Reoerurc (Regtstration) Department, dated 28.10.2020, the Tahsikiar of :.. 3 concerned Reuenue Mandal u'ere appointed as loint Sub- Resistrar for re4istration of documents pertaining to a{Aculturit Landi and thereby instructed to follow wi.thout aiy rleaiation. Thetefore, all kinds of documents pertaining.to aghcultural lands .por.tal fhere is a prouision for rigLstration of Ratification dyds .of the peruious regtsteiecl doiuments in Dharani portal only ' But the same facility is not aoailable for the dacuments preoiously registered at Sub-Registrar Off-cer a! Pr.eseyt,. registered through Dhtrani -nre ln oiei of the aboae, it is respectfully submitted thnt as per the said Act snd G.O.Ms.No.118, Tahsildar is competent 'authoity to register any document pefiaining to aqlcul\r! lands. if the lands ari conaetted to non-agriculture Sub- Registrir ruitl be competent authoity for registration'"
6. Learned Assistant Government Pleader for Stamps and RegistraLion further submits that if the petitioner submits the subject document before the registering authorities in terms of G O Ms'No'118' Revenue (Registration) Department, dated 28.10 '2020, the same would be considered and appropriate orders will be passed in accordance with law'
7. At this stage, learned counsel for petitioner submits that the petitioner may be permitted to submit the subiect document before the registering authoritics and further pray this Court to direct the registering authorities to coruider the same for registration' In view of the submission made by the learned counsel on either
8. side and without expressing any opinion on merits of the case' this writ petition is disposed of, with a liberty to petitioner to approach the Registering Authority with the subiect document and thereafter it is open to the Registering Authority to register/refuse the subiect document' 4 co.rsidering the applicability of G.o.Ms.No.11g, Revenue r'Regishation) Department, datecl 28.10.2020 and subiect to the petitioner colnplying rvith the provisio.s of the Indian Regiskation Act, 190g, a.c[ Imrian Stamps Act, 1899, shall pass appropriate orclers, as expeditiously as possible, preferably within a pe'iod of two (02) weeks fi'om the date of r.eceipt ol copy of this order and communicate the said decision to the petitioner.
9. With the above directions this writ petition is , {isposed of. Miscellaneous applications, if an], pendi^g, shall stand closed. No order as to costs To, //TRUE COPY// SD/.P. PA.DMANABHA REDDY ASe:Tll T REGISTRAR \, SECTION OFFICER 1 . The Principal Secretary, Revenue Department, Secretariat, State Of Telangana, Telangana.
2. The Tahsildar, Chevella Mandal, Tahsil office, Rangareddy District. 3. The Sub Registrar, Chevella, Rangareddy District. 4. The District Registrar, Rangareddy District, State of Telangana 5. One CC to SRI DHARMESH D.K.JAISWAL, Advocate. [OPUC] 6. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana. [OUTI
7. Two CD Copies. BSK BS Y\. HIGH COURT DATED:2410212025 CC TODAY E.TATE oK1/<'- ls v ). .ll t1 tLs -) I , \ .-) \.- ORDER WP.No.4634 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS -fr i0 V- frri,: t : I I €