High Court · 2025

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an Order, Direction or Writ more particularly one in the nature of Writ of lVlandamus declaring the action of the Respondent No.S in passing the refusal order vide No 0212025 dated 20.0'l .2025 in furtherance of the letter No. vide Lr. No. JC- 1/Peshi/Spl/2009 daled 20-02-2009 for all that piece and parcel of lVlunicipal House bearing No.5-6-468 (PTIN No.1030503072), constructed on plot No.751 (Southern Part), admeasuring 113 Sq. Yards or 94.47 Sq.Mtrs., having plinth area of 600 Sq. Feet, with R.C.C. Roof, in Survey No.201 (Part) OId, New No.201l3 of Vaidehinagar, in ward No.5, Block No.6, Situated at Sahebnagar Kalan Village, Hayathnagar Revenue lrrlandal, Ranga Reddy District, under Hayathnagar Circle, Greater Hyderabad Municipality Corporation Limits, Registration Sub-District, Vanasthalipuramin in the prohibitory list U / s 22 (A) of '7 I Registration Act, arbitrary, illegal and consequently direct the Respondent No 5 to register and release the sale deed vide Pending Document No. Pg/2025 dated 08.01 .2025 without reference to letter No. vide Lr. No. JC-1/Peshi/Spl/2009 dated 20-02-2009. lA NO: 1 OF 2025 .Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the Respondent No.5 to register and release the sale deed vide pending document No. P9/2025 dated 08.01 .2025 in respect of all that piece and parcel of rvlunicipal House bearing No.5-6-468 (PTIN No.1030503072), constructed on Plot No.751 (Southern Part), admeasuring '1 13 Sq. Yards or 94.47 Sq.Mtrs., having plinth area of 600 Sq. Feet, with R.C.C. Roof, in Survey No.201 (Part) Otd, New No.201/3 of Vaidehinagar, in ward No.5, Block No.6, Situated at Sahebnagar Kalan Village, Hayathnagar Revenue fVlandal, Ranga Reddy District, under Hayathnagar Circle, Greater Hyderabad il,4unicipality Corporation Limits, Registration Sub-District, Vanasthalipuram, pending dtsposal of the Writ Petition. Counsel for the Petitioner: SRI ESLAVATH RAJU Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATTON The Court made the following: ORDER 7 THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.73O1 of 2025 ORDER: The Writ Petition is filed seeking the following reliel "to issue an Order, Direction or Writ more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent No.S in passing the refusal order uide No.O2l2025 datcd 20.01 .2025 in furtherance of the letter uide Lr. No. .JC-llPeshi/Spl/2oo9 dated 20-O2-2OO9 for all that piecc and parcel of Municipal House bearing No.5-6-468 (mlN No. 1030503072), constructed on Plot No.75 I (Southern Part). admeasuring 113 Sq. Yards or 94.47 Sq.Mtrs., having plinth area of 600 Sq. Feet, r,r,ith R.C.C. Roof, in Survey No.2O 1 (Part) Otd, Neu' No.2O I /3 of Vaidehinagar, in ward No.5, Block No.6, Situatcd at Sahebnagar Kalan Village, Hayathnagar Revcnue Mandal, Ranga Reddy District, under Hayathnagar Circle, Greater Hyderabad Municipality Corporation Limits, Registration Sub- District, VanasthalipLrram in the prohibitory list U/s 22(A\ of Registration Act, arbitrary, illegal and consequently direct the Respondent No.S to register and release the sale cit-'ed uicie Pending Document No.P9/2O25 datcd O8.01 .2025 q,ithout reference to letter uide Lr. No. JC- I / l'cshi/ S pI/2OO9 dated 2O-O2- 2009".

2. Heard learned counscl lor thc petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondcnt Nos. 1 to 5. 2

3. Learned Counsel for the petitioner submits that the issue involved in this writ petition is squarely covered by the order passed by this Court in W.p.No. I 1 1 of 2023 dated,

12.08.2024 and the same is not disputed by the learned Assistant Government Pleader for Stamps and Registration.

4. In vieu, of the said submissions and for the reasons assigned by this Court in W.p.No. 111 of 2023 dated 12.08.2024, the Writ petition is disposed of by setting aside the refusal order No.O2 /2025 dated 20.01.2025 and the Registering Authority is directed to receive, register and release the subject document presented by the petitioner in respect of the subject propertSr, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1g99. It is made clear that if the said document cannot be registered for any other reasons, the Registering Authority shall record and communicate the same to the petitioner. It is also made clear that mere registration of the document does not confer title on the subject property and this order would not I 7 To 1 2 ? 4 A 6 7 B. PSK GJP 3 have any bearing on all those matters where title/rights of the parties are pending before the authorities either in revision/appea_ls 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. 5 The Registry is directed to annex a copy of the order dated 12.08.2024 in W.p.No.111 of 2023 along with this 6 . Miscellaneous applications, if any pending in this petition, shall stand closed. No order as to costs. //TRUE COPY// SD/.A.V,S.PRASAD ANT REGISTRAR J SECTION OFFICER The Principa l.Sgcre.tary, Department of Revenue, Stamps and Registration, Secretariat, Hyderabad, State of Telangana. The Commissioner and lnspector Gendral Registrations and Stamps, Government of Telangana, Hyderabad. The District Collector, Ranga'Reddy District -and T.he District Registrar, Regi-stration Hyderabad. The S^g!-Re lst1a1, fggistralOffice, Vanasthatipuram, Ranga Reddy District One CC to SRI ESLAVATH RAJU. Advocate tOpUCl Two CCs to GP FOR STAMPS AND REGtSTiiATtON, High Court for the State of Telangana, at Hyderabad. [OUT] Two CD Copies (Along with a copy of the order dated 12.08.2024 in Wp.No.111 ot 2A23) Stamps, Ranga Reddy District, I I I I HIGH COURT DATED:1 0l0i\12025 I ORDER WP.No.7301 of 2025 Isf A ,C: 1 ( 18 l,1Ai.i 2025 t t s PAT c e9 e( ' (.I ) DISPOSING OF THE WRIT PETITION WITHOUT COSTS n^fanl4 Qi/ ' s\,\"- THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR IIRIT PETITION No.lll OF 2023 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for respondent Nos.1 to 5.

2. This writ petition is filed to declare the action of respondent No.5 in passing refusal order uide No. 115 of 2018 dated 3l.l2.2OlB in furtherance of the letter'No.JC- 1/Peshi/Sp1/2009 dated 2O.O2.2OO9 including the plot of the petitioner House bearing Municipal No.5-8-50/ 138/A, constructed on Plot No.138/A North Part, admeasuring 250 sq.yds., at Sy.No.200 of Sreepuram Colony at Sahebnagar colony, Hayathnagar Mandal, Ranga District in prohibitory list under Section 22(A\ of the Act as illegal arbitrary and further direct respondent No.S to register and release the sale deed.

3. Today when the matter has been taken up for hearing, learned counsel for the petitioner submits that writ petition 1S squarely covered by the order passed by this Court W.P.No.161O9 of 2024 dated 19.O7.2024, relevant paragraphs are n i I I extracted hereunder:- ) '13. As such, the letter dated 10.O6.2021 in Lr.No.ES/2825/2021 and the similar letter dated 29.09.2021 in uhich reference of letter dated 10.06.2021 utas made, are onlg letters submitted bg Distict Collector, Ranga Reddg District to Distict Registrar. Registration & Stamps Department, Ranga Reddg District for taking further necessary action and that cannot be the basis for refusal for registration of the subject propertA. If is also pertiftent to note that subsequentlA, no notifi.cation utas issued bg respondent authoities utith respect to the list of lands mentioned in the letter dated 10.06.2022. In uiew of the same, Ietter dated 10.06.202 1 in Lr.No.ES/2825/2021 and the similar letter dated 29.09.2021 submitted bg District Collector, Ranga Reddg District to District Reqistrar, Registration & Stamps Department, Ranga Reddg Dstrict are not tn consonance to the prouisions of Section 22-A of the Act and 22(A)(1)(e) and Ctause (ui) of.the guidelines and the same cannot be rekrred. for the purpose of denging registration of the subject properties. Consequerrtly, reference made uid-e Lr.No.ES,/2825/2021, dated 10.06.2O21 and similar letter dated 29.O9.2O21 are per se illegal, arbitrary and bad in lout and are hereby set aside and wit petition stands alloued. Registeing Authoities are directed to receiue, register and release the sale deed presented bg the petitroner in respect of the subject propertg, subject to the petitioner complying uith the prouisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899. It is also open to the Registeing Authoritg to refuse to register the subject document, bg specifi.cally assigning the reasons in terms of Section 71 o.l'the Act, 19OB ancl. communicate the said decision to the petitioner. 14 Needless, to state that respond.ent Authoities shall scntpulouslg follout the directions and shall not further refer to the Lr.No.ES/ 2B2S/ 2021 dated 10.06.2021and similar letter dated 29.O9.2021 as a reason for refusal of registration and Registeing Authoities shall ueify the same before denying the registering on the similar ground tuhich has aliead.g been addressed in this turit petition. It is mad_e ctear that mere registration of the document does not coifer title on the subject propertg and. it is also made ctei that this - J order would not haue ang beaing on all those matters uhere title/ ights of the parties are pending before the authoities etther in reuision/appeals for adjudication and in anA other case this order also does not preclud.e the parties in asserting their ights before a competent Court of latu.

15. Accordinglg, wit petition is allou.ted tutth the aboue obseruations."

4. Learned counsel for the petitioner further pray this Court to pass similar orders as passed in W.P.No. 16109 of 2024 dated

19.o7.2024.

5. Learned Assistant Government Pleader appearing for respondents has not disputed the same.

6. Recording the submissions made by the learned counsel appearing on either side and in terms of order passed by this Court in W.P.No.161O9 of 2024 dated 19.02.2024, this writ petition is allowed by setting aside the refusal order No. It5/2OlB dated 31.12.2O18, and the Registering Authority is directed to receive, register and release the subject document presented by the petitioner in respect of the subject propert5r, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899. It is made clear that if the said document cannot be registered.for any other reasons, the Registering Authority shall record and communicate 4 -u the same to the petitioner. It is also made clear that mere registration of the document does not confer title on the subject property and this order would not have any bearing on all those matters where title/ rights of the parties are pending before the authorities either in revision/ appeals for adjudication and in any other case this order also does not preclude the parties 1n asserting their rights before a competent Court of law. 7 . Accordingly, this writ petition is allowed. Miscellaneous applications, if any pending, shall stand closed. No order as to costs. Date: 12-08 2024 JUSTICE N.V.SHRAVAN KUMAR