The High Court · 2025

THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITIoN No-5O34 OF 2o23 ORDER:

1. Heard learned counsel for the petitioner and learned Assistant Govcrnmenl- pleader for Stamps & Registration, appearing for the respondents. With the their consent, this writ petition being taken up for 1S disposal at the admission stage itself. 2 Learncd cotrnsel for the petitioner subrnits that the issue involved in ttris writ perilion is squarcly covered by the order passcd by Lhis Courl in W.p.No.3303 of 2025 dated 06.02.2025 and requeste<l to pass sirnilar order in this writ petition.

3. Learned (iovernment pleader for Stamps and Registration has not disputed the submission made by the learned counscl for the pelilioner with regard to the disposal of the W.p.No.33O3 ot 2025 dated 06.O2.2C25 and requested to pass appropriate orders. Poge 2 of 3 sK,l .;r;agii i,t

4. In vieu of thc order passed in W.I).N'r-33O3 of 2025 d,atcd O ,.O2.2025 and for the rearlons rlentioned therein, thLs ,i,'rit petition is disposed of, sr--t.ing aside the refi-rsal o-r1er No.lO7 12023 of P-L:l/2A2 1/Reftrsa-l Order No O2l 7''..1023, dated 1O.O2.2023. The petitioner is at liber':l'r t.o approach respondent N() 4 with the subject docurnent within a period of t\,() '2) weeks frorn the <lcr r of rcceipt of copy of this r'rder and thereafter', r'.: lpondent No.4 is directed to consicler the petitioner's, c )se and shall pass orders by ftlllowing the circr.rlar instl tictions issr,red by the Cornrnissioner and Inspector C r:nera1 of Registration aI-r:1 Stamps, : I l I{yderabad uid.e Circttlar Merno Telangana. No.G3/912\'.2 2024, dalcd 12.Oa.2024 anct 'strictly in accordanct: r,'ith law, possible, expeditiously €r.s AS preferably, uvithin a period of two (2) weeks, sr-rbject to the petitiorr( I' complying with the provisio'es of the Indian Regjstr-ation Act, 19O8, and Indian lSt,ernps Act, 1a99. It is; e 1so open to the Registering .r\uLthority to rbfi.rse to r,.--qr s;ter the subject docurnenr-, by specifically assigning tr r reasons in terrns of Sectiotr 71 of the ? / I I Page 3 of3 sKl Act, 19O8 and cornmunicate the said decision to the petitioner.

5. It is rnade clear that rrrere registration of the document does not confer title on the subject property ard it is also made clear that this order would not have any bearing all those matters where title/rights of the partres are pending before the authorities either in 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.

6. Accordingly, the Writ Petition is disposed of. No order as to costs. 7 Registry is directed to annex copy of the order in W.P.No.33O3 of 2025 dated 06.O2.2025 along with this order.

8. Miscellaneor-rs petitions, if any, pending in this writ petition, shall stand closed. //TRUE COPY// SD/-N. SRIHARI DEPUTY REGI ST SECTION OFFICER To, I ment, Secretariat

1. The PrinciPal Secretary, StamP s and Reg istration Buildings, The State of Telanga na, Hydera bad-500063 2 The commissioner a nd insPecto r General of StamPs an Dep artment, O/o 5-3-953,Registra tion Bhava n, 4th and Road, Osmanguni, M .J.Market, HYd erabad, Telanga 3. The District Reg istrar, Medchal Malkajg iri District, District-500072 Kukatp ally, Kukatpally Mandal, MedchaI Malka '|glrl tMalkaigrrl District-500072 4. The Su b-Reqistrar. Ku katpallv' Medcha na 500001 o Prasanth Nagar' istration d Reg sth Floor, NizamShahi ..,5r*t -:r&r -,F::+t --l I I I I

5. One CC to Sri tl. Venkat Reddy, Advocate [OPUC] 6. Two CCs tc, G:'for Stamps And Registration, High Ccurt for the State of Telangana, ert I yderabad [OUT]

7. Two CD Ccpie; TJ (Along with the Cop r of Order dated 06.02.2025 ln W.P.No.3303 OF 2025) ctN' -r.,..:..r,tta1* . .': , HIGH COURT DATED:01 105t2025 \ ORDER WP.No.5034,rf 2023 It ( J I e sl A \ €I o^ I 2 t1A\ 2[25 ( C, i/ .a- .t \=--- DISPOSING ()F THE WRIT PETITION WITHOUT C0STS I i l I I I i I I l I I ! I I I I t I i I I I I THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.33O3 of 2o25 ORDER This writ petition has been filed seeking the following prayer: "to issue order tuit or directian more panticularlg one in tlle nature of WRIT OF M NDAMUS declaing the actian of the Respondent No 3 in refusing to register the document No P195/2O24 in respect oJ alL that of house beaing No 44249 in Plnt No 49 situated at Sg No 348 to 351 352/part and 358/part admeasuing 142 84 Sq Yds or 119 42 SqMtrs sttuated at Asbesros Hills CoLong JagadiOtrigutta Kukatpatly utllage under GHMC Circle Limits KukatpaLlg Mandal Medchal Mdkajgirt Distict Telangana state a.s communicqted uide Letter I{o 37/ SRO/ Kukatpatlg/ 2O25 dt 08 01 2O25 e-s iLlegal arbitrary and uiolatiue of furuTamentd rights under Article 14 ctnd 21 qnd 30OA oJ the Constttution of Indta and consequentlg direct the Respondent No 3 to receiue register and release the said document submitted bA the Petitioners here[n"

2. The brief facts of the case are that the petitioner No.1 is being represented by its Secretary, E. Mallikarjun Yadav and petitioner No.2 is the original a-llottee of plot No.49 admeasuring 142.84 square yards or 119.42 square meters. The said plot was developed in a private layout vide Plan No.67O4 |MP.2/HUDA{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 Limited (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

3. The bzL<:l< ground facts are that in the year 1980. tlLe workers of HIL (formerl.r IJ ,.terabad Asbestos Cement Products Lir iit id) registered a society b1, tta :ne "Hyderabad Asbestos Cernent Workerri Cooperative Housing Socit:t- Limited". The main objective was to acq rire lard ald allocate hou st' rlots to its members for constructio;r rf residential houses. Thr: si d HIL acquired Ac.52.00 acres ol' land ir Sy.Nos.348, 349, 350, :i:; 1 (Part), 352 (Part) and 358 (Part) at K:katpa1ly for Rs. 10,4O,OO(1,/- with sole aim of providing house -o its workers. Thereafter. 1L r: said Asbestos Cement Workers Co-op,:rzrtive Housing Society LirrLi:e I made a representation to :he 1lo\ ernment on

25.01.19812 ttr lrant of exemption under Section 20 (l ) (a) of the Urban Land (Ceilinq a : d Regulationl Act, 1976 for the e:xcess vrlcant land of Ac.52.00. Th: rovernment thereafter examined tb.e reqr-re:;t of the land holders and prz nted exemption under Section 20 (1) {a o1- the said Act and issued c,rCi r vide Memo No.337/UC.ll/82-5 dated 6.16.1984, and directed the :r luisition of the surplus land and its trimsfer to the Hyderabad. IJ rb ,.n Development Authority for lay-out pre paration and plot allotment 1,o genuine society members. The g,rvr,rrnment vide G.O.Ms.No.92ll rlated 01.08.1986 issued an order ol u,,llotting iand admeasurinSi .r c:.52.O0 in the said survey numbers t I Hyderabad Industries Lim workers, benel t.ed for providing residential accommoriation to its .-ing approxim ately 1,364 workers as per the list furnished to thr goveinment on free of cost, in relaxation of the orders J issr.red 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 ard it sha.ll not be sold or alienated to any other person-

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

3. That the Hyderabad Industries Ltd/allottee 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 Industri.es 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 however mortgage the land/plots without possession to any finalcial other institutions only for the purpose of raising funds for the construction and for no other purpose.

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

4. Learned counsel for the petitioner draws attention of this Court to letter dated O8.O2.2O11 issued by Hyderabad Industries Limited wherein the said company had handed over entire alfairs 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. Mallikarjun, S/o E. Maisaiah by taking reference to G.O.Ms.No.91 dated 27.01.1982. 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. Maltikarjun, S/o E. Maisaiah to maintain the affairs of the Asbestos 4 Hills Colony an I the relevant portion of the said letter is extracted as llr \ signaturelj ar the co,lser.1 authoritie s iv Iike regrster iIl dated 01.03 situatecl at Kl letters 1o .l- e who are r:n' registratic n s authorizerl -, industries Lt Ltd." r)\^- of the above, Mr. T. Swamy and Mr. E. MaLli <ar un whose r Cepicted below, may represent the holsing socii)ty as per .i the members of the society before the G, )vernment L r:h may include Reglst.ration authorities and d3 t re needful r the plots aLlotted to the eligible workers as pe r C .O.No.923 ,)86 in Sy.Nos.348 to 351, 352 (p), 357 (p) artC 358 (p) lratpalli, Hyderabad. They are empowered to is';ue allotment r.lotted workers or to their legal heirs, members of he society ployees of Hyderabad Industries Ltd. And Ttrird party , the allottey Employee is no more alive altl :he r are also execute sa-le deeds, etc- on behalf of th: llyderabad I Employees Mutually aided Co-operative Ho isi )g society

5. Learned : lunsel for the petitioner sub;lits th rt the HIL represented b.r. Hyderabad Asbestos Cement Workers Cooperative Housrng Societ. Limited has allotted the land tc, the pe titioner vide allotment lettt:: clated 22.O1.1990 i.e., plot No.49 :rdm e:rsr tring 142.84 sqlrare yards or 19.42 square meters.

6. Learned )]Lrnsel for the petitioner further sullrrrits that on

04.11,.202,1 th, petitioner presented the allotment ietter dated

22.01.1990 ,1rlr r paying challan for an amount of Rs 3,1,2,8OO1- for registration be'1 rre the Sub-Registrar, Kukatpa-11v ir rer,,pect of the subject prop3r'tr . Thereafter, the Sub-Registrar, Kukatpal ly, Medchal- Malkagiri Dis;tn:t received and kept the document pendinSr by allotting No.P195/20!lt and issued a refusal lette- bearing No. 37l SRO/ K d :atpally / 2025 dated O8.O 1.2025. tn th<: r, :fusal letter, 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 further 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 hled.

7. The learned counsel for the petitioner has drawn attention of this Court to clause 5 (a) of the G.O.No.923 dated 01-08.1986, 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 .199O, 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.8233 of 2025 dated O1.O8.2O24 registered before the Sub-Registrar, Kukatpally, was filed. 6

8. The iearr r:d Assistant Government Pleader appea ring for the respondents rr: rlrted no instructions and seeks to 1;aLss appropriate orders.

9. HavinSl :r rrsidered the above facts and circu;nstartce s. this Court deems it appr:1 r'iate to set aside the refusal order No.O I o[ 2025 dated O8.O1.2025 ruc :his writ petition is allowed. Peti:ioner is at iiberty to approach re:;po -dent No.3 with the subject document wir hin a period of two (2) wee'tr s from the date of receipt of copy of thls order ald thereafter, rr:sp rndent No.3 is directed to consider the petitioner's case and shall pass; .,rders by following the circuiar instructiorrs issued by the Commisr;ioi rr and Inspector General of Registration lnd Stamps, Telangana. Ilr,c. r:rabad uide Circr;lar Memo No.Gi}/912',21'2024, dated

12.O8.2O2,+ anr strictly in accordance with law, as expr:ditiously as possible, prr:f:r r trly, within a period of two (2) weeks, sr rbject to the petitioner conrp ,i'ing with the provisions of the Indian Registration Act, 19O8, and Inrlir r Stamps Act, 1899. It is also open t,r thr: Registering Authority to re use to register the subject document, bv specificaliy assigning the r : asons in terms of Section 71 ol the Ac,t, 1908 ald communicate t} r: said decision to the petitioner.

10. It is maclt clear that mere registration of the docurnr:nt does not confer title or: t : e subject property and it is also made ck,ar that this order would n:,1. have any bearing on all those rlatters where title/rights c,f t1 Le parties are pending before the zruthorit es either in 7 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 1 . Accordingly, the Writ Petition is disposed of. No order as to Miscellaneous applications, if any pending, sha1l stand closed. Date:O6.O2,2()25 VRKS*/LSK JUSTICE N.V.SHRAVAN KUMAR