Sri Gadiiaju Latchiraju v. The State of Telangana

Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to i.ssue Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent i.e., The Sub Registrar, Shamshabad, Ranga Reddy District, in refusing to receive and register the Sale Deed in respect of all that the House bearing No.3-2941A12, PTIN No.1199'131086, admeasuring 1725 Sq.Yards., having plinth area admeasuring 200 Sq.Feet., Covered by A.C.C., in Sy.Nos.219111A1 and 220111A1 , situated at Chinna Gollpally Vitlage (Gollapally Khurd), Shamshabad Municipality, Shamshabad Mandal, Ranga Reddy District, on the ground that the survey numbers where the Petitioner's property is situated are notified under as prohibited property under section 22-A of, Registration Act, 1. As per the prohibitory watch register of this office, tha above Sy.Nos.219 and 22O, are covered under the Prohibition Register Under Section 22 (A) of Registration Act, 1 908, vide Notified Gazzette No.G.O.Ms.No.786 dated 09-1 1-'1999, 2. As per the Tahsildhar Notification of Governmeht Lands, the above Sy.Nos.219 and 22O, are classified as Patta acquired by Government, communicated by the Tahsildhar, Shamshabad, vide Lr. No.B/230/2012 dated 09-03-2012 (copies enclosed) and 3. As per the District Collector, Ranga Reddy District, Notification, the above Sy.Nos.219l1 and 22011 were notified as Kharrij .Khala Under, Section. 22_ A (i ) (a), vide il;.::1it:ti"[:1tT,T,:labad/c;in;; 6orrb"p"lrv oated 26-0s-201 3 (copies conrtit,ii'on"or i#; ,ft':1:],"'i,,"]!",,,i,"1,"J"jl'",?. 'tq, 2., *"a'io-o"i or y]:l3li.T of principtes of Narurat JirJi"."'"r'Iyllt",ion Act, 1908, besides in respondent herein io rlceive and i"sl,;ii" ]l'i. "ont"o'untlv direct the 2nd !';lr?0,1";:'i,n o ;,ii.J*orz, F?ir.r' ;i;,",H,?tg;:'""ffi::3Jfl!'t'l Ji; admeasuring 200 So...t:ul, covered oy nic.c., in sy.Nos.219li/A.t-and 22area Khurd), shamshabad ta-ot1lA1 ' situated at chinna_Gollpflv virrrsl'r6o"rr""prrrv Shamshabad Mandal, R;"gr ;l?j;"O[ir,.,, without reference ot 1 in,crpatrty, the prohibitory watcn^register of this office, tha above sy.Nos .219 and rlt^':' lec1o1' zi" i^; "# i6:n,:i;,'#"'"oX,l"oi5#" p",i,ioii,"' riur.i#"[;0",. No.G.o.rr/s.No.786 crare., ori'_rr_rgss, il"i. #;?"^1ffi.,,#:l,i:,,,,.?ffi,1? 3"rfi:I"# Afl:;J:;, above svNoslzrs i; i?o, r,, crassiried as pa*a g[:,';;,q1r,*".";r*##ild,:r",[:,Hiu1 ji*il',:B# I;i"".!ij&X1ro?i.,Sii1j K111, 22- A (ixa), vide shabad/chrnna Gollapally dated 26-09-2'0ii'i.";". enctosed) -u";;.'U;rcn IA NO:1OF 2025 petition under Section 151 CpC prayinq th: the affidavit rireo inlupport of the petition, ,ru r-r,.ltrll,,t1u_"ircumstances stated in the respondent No 2 herein to ,.""uir" Ino &[:J.|:r$,#ilj""or,fi::lJ:,*"":l N o s - zs + / e i., i,ni,niili,, rn 1 3 j 086, ad mea su rinq j 72 5 3o: l,ff ":"#"T "i?;i, "'#i lrm:s ;: ,* * A ti.:ftl,#, #,ir:*:,[; [#;?; I I without reference ot t As per the prohibitorv *j:lo''' Ranga Reddy Districi, above sy.Nos.219 and zzo.' are Jole;;"li;ol"r*it"h register or this office tha Section 22 (A) ;i Registrat;"'"A"c,. ""in#" Prohibition Regisrer Under u, vide Notified Gazzefte No.G.O.Ms.No.iA6 Ort"o 09-11_1999, 2. A, o",. Government "Lanos, ine aoove syL,oJr's-rli' the Tahsildhar Notification of acquired bv covernmenr', commulica-t;;";# l-'!',i." classified as "Patta Lr. No.8/230/20r z oateJ og_oe zo i2 ii;;,,J;J"flX:,! ::ffiix!"3,#[: ,i:15'",{;,,?;lt" I"o?n,?-,-:l'.r.t,,ruotiitJtiJn,"#","0o," sy Nos:21el1 and 22ot1 i x" i,'i,0" r_, rvo Esrasb?rrii,. i)..ii'n, o#B'i,,,;;"B"Jh,;;:riT. ?r^ 4 r'0"r"'*il5,iil|} dated 26-0s-2013 (copies enclosed)' pending disposat "itr," Counsel for the petitioner: SRt. KATIKA RAVTNDER REDDY "i fiEEl$lH,Be Respondents: Ms. s. sRAVANTHT AGp FoR srAMps AND The Court made the fo[owing: ORDER THE HON'BLE SHRI JUSTICE ANIL KUMAR JUKANTI WRIT PETITION No.4816 of 2025 ORDER: This Writ Petition is filed seeking the following relief: "...to issue Writ, Order or direction more particularlg one in the nature of Writ of Mandamus declaing the action of the 2nd respondent i.e., The Sub Registrar, Sham.shabad, Ranga Reddg Distict, in refusing to receiue and register the Sale Deed in respect of all that tlrc House bearing No.S- 294/A/2, PTIN No.1199131O86, admeasuing 1725 Sq.Yards., hauing plinth area admeasuring 2OO Sq.Feet., Couered bg A.C.C., in Sg.Nos.219/1/A1 and 22O/1/A1, situated at Chinna Gollpally Village (Gollapallg Khurd) Shamshobad Municipalitg, Shamshabad Manda\ Ranga Reddy Distict, on the ground that tlLe surueg numbers uhere the Petttioner's propertA is situated are notified under as prohibited propertg under section 22-A of Registration Act, 1. As per the prohibitory watch register of this olJice, the aboue Sy.Nos,219 and 22O, are couered under the Prohibition Register Under Section 22 (A) of Registration Act, 1908, uide Notified Ga ette No.G.O.Ms.No.786 dated 09.11.1999, 2. As per the Tahsildhar Notification of Gouentment Lands, the aboue Sg.Nos.219 and 22O are classified os "Patta acquired bg Gouernment", communicated bg the TaLtsildhar, SLnmshabad uide Lr. No.B/ 23O/ 2012, dated O9.O3.2012 (copies enclosed) and 3. As per the Distict Collector, Ranga Reddy Di.strict, Notifi.cation, the aboue Sg.Nos.219/ 1 and 22O/ 1 utere notified as Khanij Khata Under Section 22-A (1) (a), uide Lr.No.ES/ 4985/ 2013/ Shom.shabad/ Chinna 2 JAK, J W. P. No.4816 of 2025 Gollapallg dated 26.09.2013 (copies enclosed), is illegal, arbitrary, in uiolation of Articles 14, 21 and 300-A of Constitution of India anrl also in uioLation of Registration Act, 1908, besides in uiolation of Principles of Natural Justice and consequently direct the 2nd respondent herein to receiue and register the Sale Deed in respect of all that the House beaing No.3-294/A/2, PTIN No.1199131086, admeasuring 1 72 5 Sq. Yards . , hauing plinth area admeasuing 2O0 Sq.Feet., Couered bg A.C.C., in Sg.Nos.219/ 1/A1 and 22O/ 1/A1, situated at Chinna Gollpallg Village (Gollopallg Khurd) Shamshabad Municip alitg, Shamshabad Mandal, Ranga Reddtl Distict, on the ground that the surueg numbers uhere the Petitioner's property is situated are notified und.er as prohibited propertA under section 22-A of Registration Act 1. As per tLe prohibitory watch register of this off.ce, the oboue Sy.Nos.219 and 220, are couered under the Prohibition Regi-ster Under Section 22 (A) of Reqistration Act, 19O8, uide Notifi.ed Gozzette No.G.O.Ms.No.786 dated 09.11.1999, 2. As per the TahsildLnr Notifi.r:ation of Gouernment Lands, the aboue Sg.Nos.219 and 22O are classiJied as " Patta acquired by Gouerttment" , ammunicated ba the Tahsildhar, Shamshabad uide Lr.No.B/ 23O/ 2O 12, dated 09.03.2012 (copies enclosed) and 3. As per the District Collector, Ronga Reddg Distict, Nottftcation, the aboue Sg.Nos.219/ 1 and 22O/ 1 were notified .as Kharrij Khata Under Section 22-A (1) (a), uide Lr.No.ES/ 4985/ 2013/ Shamslubad/ Chinna Gollapallg dated 26.09.2O13 (copies enclosed) and pass...."

2. Heard Mr. Katika Ravinder Reddy, learned counsel appearing for petitioner, and Ms. S.Sravanthi, learned 3 JAK, J W.P.No-4816 of 2025 Assistant Government Pieader for Stamps ald Registration appearing for respondents.

3. Learned counsel for petitioner submits that petitioner herein, vide sale deed dated 26.11.2024, purchased a house bearing No.3-294 / A/2, mlN No. 1 199131086, admeasuring 1725 Sq.Yards or 1443.51 Sq meters, having plinth area admeasuring 2OO Sq feet, covered by A.C.C. in suwey Nos.2 i9/ 1/A 1 and 22O I I I Al, situated at Chinna Gollapally Village (Gollapally Khurd), Shamshabad Municipality, Shamshabad Mandal, Ranga Reddy District. It is the contention of learned counsel for petitioner that the said sale deed was presented to the Office of Sub Registrar' Shamshabad, Ranga Reddy District, i.e., respondent No.2. It is submitted that petitioner obtained information under the Right to Information Act that sufhcient stamp duty needs to be paid for the registration of tJle properlr, I I therefore, respondent No.2 refused registration under Section 72 of ll;,e Registration Act, 19OB (for short, the ActJ. 4 JAK, J W.P.No.48l6 of 2025 \-'1 \ - It is also submitted that Section 22-A ol the Act has also been referred by respondent No.2 in response to the application, datecl 28.12 .2024, IN Lr.N0.23lSRo/Shmbd/ 2024, dated 2O2a (Ex.P4).

4. Learned Assistarrt Government pleader for respondents submitted that if petitioner presents the sale deed by paying sufficient stamp duty, the authorities shall abide by the directions issued in the judgment in Vlnjamuri RaJagopala Chary and Others a. State of And.hra Pradesh and Otherst. That responclent No.2 would ta-ke an appropriate decision in respect of the grievance of petitioner.

5. Heard iearned counsels, perused the rer:ord and considered the rival submissions. ' 2016 (1) ALT sso (F.8.) ) I 5 JAK, J W.P.No.4816 of 2O25

6. By way of sale deed, dated 26.11.2024, petitioner purchased a house bearing No.3-294 lAl2, PIIN No.1199 131086, admeasuring 1725 Sq. Yards or 1443.51 Sq meters, having plinth area of 2OO sq feet, covered by A.C.C. in survey Nos.219/1/A1 and 22Oll/AL, situated at Chinna Gollapally Village (Gollapally Khurd), Shamshabad Municipality, Shamshabad Mandal, Ranga Reddy District. A photocopy of the said sale deed is annexed to the writ petition as Ex.Pl. It appears that it is not a registered document.

7. Be that as it maY, an application was made by petitioner on 28.12.2024 to respondent No.2 and respondent No.2 in reply to the application dated

28.12.2024 issued Lr.No.23lSRO /Shmbdl2O2a, stating that registration is refused under Section 72 of the Act,

1908. E- \ 6 JAK, J W.P.No.48l6 of 2O25

8. It is pertinent to note that a Division Bench of this Court in Inaecta Technologies priaate Linited and. Others a. Goaerrtment of Andhrq. pfadesh, rep., bg its Secretary, Stamps dnd Registration Departmen| Hgderabad and Others2, while upholding the challenge to Section 22-A of the Act, held that the authority has to exercise the power under Section 22-A ol the Act in consonance with the guidelines laid down by the Full Bench of this Court in Vinjamuri Rajagopala Chary,s case (7 supra).

9. Considering the entire factua,l matrix of the case, this Court is of the opinion that respondent No.2 be directed to follow the directions issued in Vinjamuri Rajagopala Chary's case (7 supra) and also to consider the order dated 22.03.2024 passed by this Court in W.p.Nos.9645 of 2O2l and 26353 of 2023, for arriving at a conclusion and 2 2024 (1) AL'r 272 (DB) (TS) '"1 7 JAK, J W.P.No.4816 of 2O25 thereafter pass appropriate proceedings in accordance with law, within a period of two weeks from the. date of receipt of a copy of this order. The said proceedings shall be communicated to the petitioner.

10. With the above observation, the writ petition 1S disposed of. No order as to costs. Miscellaneous petitions, it any, pending, sha_ll stand closed. //TRUE COPY// SD/.S. MALLIKARJUNA RAO ssr TANT REGISTRAR To, SECTION OFFICER

1. The Principal Secretary (Stamps and Registration), 2. The Sub Registrar, Shamshabad, Ranga Reddy District 3. The Collector, Ranga Reddy District. 4. The Tahasildar, Shamshabad Mandal, Ranga Reddy District. 5. One CC io SRt. KATTKA RAVTNDER REDDy Advocare IOPUC] u IU?#?:?,fr:Iffd,H'PS AND REGrsrRArroN 'Hish court rorthe retariat, Hyderabad

7. Two CD Cooies KKS GJPU? HIGH COURT DATED:19102,t2025 ) () I o t .(tlE S fA r€ 0 2 luru ZuZs slrATcH cf, a (( 7 ORDER WP.No.4816 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS ?- I0 \d "r\