The High Court · 2025

Judgment

1. 2 J ..,PETlTIONERS The State of Telanoana Represented by The principal Secretary, Department of Revenue, (Stam"o and Registration), i"ir;i;;;tT;", Hyderabad T.S. The Commissioner and lnspector General of Registration and Stamp, Mozamjahi Market Road, rdyaelioaa soooo i'+"d'"'' The Sub-Registrar. Office, Champapet, Bairamal Gudz saroonasei-Ri"gi R;iiy'oi.trict, Hyderabao .oooZd,1l3o, champapet, Secretariat, ...RESPONDENTS Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ, order or direction particurarry in the nature of the writ of mandamus, to set aside the Memo No 14612023, dated 15-03-2023, in matter of Refusal No 02t2023, of the Respondent No 3 herein, and direct the Respondents and particurarry the Respondent No 3 herein to number and enter the Registered sale Deed dury fury registered in Book r maintained by the Respondent No 3, of the document registered by the Respondent No 3 bearing distinctive No c.s. No 7 2810 of 2023. dared 04-02-2023, in Book i of the book o- Registration of non_ testamentary instruments maintained by the Respondent No 3 herein, as the compretion of the formarities of the registration of the said dr,cument, coflection of stamp Duty and dury obtaining execution and authenticatiorrs of the executants, in the matter of the Sale Deed presented by the pet tioners is over, for Registration in respect of land admeasuring 14,520 Sq ycts in as is where is condition, being part and portion of the land in Survey Nos !9/1/5 in Mamidipalle Village, of Balapur Mandal, Kandakur Revenue Sub-Divr;ion, Ranga Reddy District, T.S. lA NO: 1 OF 2024 Petition under section 151 cpc praying that in the circ rmstances stated in the affidavit fired in support of the petition, the High court may be preased to order and direct the Respondent No 3 to number and rerease the said document, the Registered sare Deed dury fury registered by the Respo,dent No 3 bearing distinctive No c.s. No 2810 0f 2023, dated o4-02-2023, in Bock 1 0f the book of Registration of non-testamentary instruments maintained by thi: Respondent No 3 herein, after the completion of the formalities of the regislration of the said document, collection of Stamp Duty and duly obtaining execution and authentications of the executants, in the matter of the sare Deel presented by the Petitioners for Registration in respect of rand admeasuring 14.f,20 sq yds in as is where is condition, being part and portion of the rand in Surr,ey Nos. gg/1/5 in Mamidipalle Virrage, of Barapur Mandar, Kandakur Revenue Sr',b-Division, Ranga Reddy District, T.s., pending the finar decision in this wirt petiti.n. lA NO:2 OF 2024 Between: 1 The State of Telangana, Represented by The principal Secr -,tary, Department r q,v. L and Resistration), fui"ns; ;;tT;te, se :retiiia-t]re fft 53tr#i13tamp 2 J jJ:i?:::Trff ill?ff j:,Tii'j?["I€i The sub-Registrar, office, cjampapet, Bairamar Guda Roac, chamoaoet. v,'u,"pqv.-,! saroonager, Ranga Reddy Distriit, trvt"ooljloloib r.S" t"o'Bl6lT.g",rationanJSramp, ...PETITIONERS/RESPONDENTS AND

1. Qhilpika. Ketan Turakhia, W/o Ketan Turakhia, Aged about 50 years, Occupation Household, Rio 8-2-35'l/'1lA, Road No 3, Lane Behind Times of lndia Building, Banjara Hills, Hyderabad 500034 T.S.

2. Zal Maneck Foundation, (A Trust established under the Last Will and Testament of Lale Zal Rustumji Bastawala and late Maneckbai Zal Bastawala per Trustee Sarosh Sam Bastawala, S/o late Sam Zal Bastawala, Aged about 9.0 years, Occupati_on Advocate, R/o Flat No 408, Block B, Okaz Apiartments, Humayun Nager, Mehdipatnam, Hyderabad 500028, T.S. ...RESPONDENTS/PETITIONERS

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 vacate the interim order granted on 3010412024 passed in W.P.No. 9BB1 of 2024 and dismiss the writ Petition as devoid of Merits. counserrorthePetitio""'';T'r?lllolHl^X=^??J;tr'counser counsel ror the Respondents: sRl H':11="tJ$'^Tffi AND REGrsrRAroN W.P.No.9939 OF 2024 Between:

1. SARIKA KUCHIMANCHI, Wo K.R.N. Mohan, aged about 44 yearc, Occupation Household, Rio Plot No C-5/1 , Vikrampuri Colony, Opp Apollo Hospital, Karkhana, Secunderabad 500009, T.S.

2. Zal Maneck. Foundation, (A Trust established under the Last Will and Testament of Late Zal Rustumji Bastawala and late Maneckbai Zal Bastawala per Trustee Sarosh Sam Bastawala, Sio late Sam Zal Bastawala, Aged about 90 years, Occupation Advocate, Rio Flat No 408, Block B, Okaz Apartments, Humayun Nager, Mehdipatnam, Hyderabad 500028, T.S. ...PETITIONERS AND 1 2 The State of Telangana, Represented by The Principal Secretary, Department of Revenue, (Stamp and Registration). TelangAna State, Secretiriat,' Hyderabad T.S. The Commi-ssioner and lnspector Ggle-rgl 9f Registration, and Stamp, Mozamjahi Market Road, Hyderabad 500001 T.S. The Sub-Registrar, Office, Champapet, Bairamal Guda Road, Champapet,' Saroonager, Ranga Reddy District, Hyderabad 500079, T.S. ...RESPONDENTS Petition under Articre 226 0f the constitution of rnc ia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction particurarry in th,-. narure of the writ of mandamus, to set aside the Memo No 145t2023, dated 15r03t2023, in matter of Refusar No 0112023, of the Respondent No 3 herein, and d rect the Respondents and particurarry the Respondent No 3 herein to number anc enter the Registered sale Deed duly fully registered in Book I maintained by the Respondent No 3, of the document registered by the Respondent No 3 bearing cistinctrve No c.s. No 2808 of 2023, dated o4to2r2o23, in Book 1 0f the book ot Registration of non_ testamentary instruments maintained by the Respondent rrro 3 herein, as the completion of the formarities of the registration of the said dccurng.l, coflection of stamp Duty and dury obtaining execution and authentications of the executants, rn the matter of the Sare Deed presented by the petitioners is .ver, for. Registration in respect of land admeasuring 4,840 Sq yds in as is wherr-. is condition, being part and portion of the land in Survey Nos. ggills in Ma,nidipalle Village, of Balapur Mandal, Kandakur Revenue Sub_Division, Ranga RedJy District. T.S. IANO:1 oF 2024 Petition under Section 151 CPC praying that in the circ.rmstances stated in the affidavit fired in support of the petition, the High court may be preased to order and direct the Respondent No 3 to number and. rerease the said document, the Registered sare Deed dury fury registered by the Responrtent No 3 bearing distinctive No c.s. No 2808 of 2023, dared 04-02-2023, in Bo,rk 1 0f the book of Registration of non-testamentary instruments maintained by tht,: Respondent No 3 herein, after the compretion of the formarities of the registration of the said document, collection of Stamp Duty and duly obtainin 3 execution and authentications of the executants, in the matter of the Sale Dee,j presented by the Petitioners for Registration in respect of rand admeasuring 4,g.r0 sq yds in as is where is condition, being part and portion of the rand in sun,ey Nos. 9g/1/5 in Mamidipa,e virage, of Barapur Mandar, Kandakur Revenue sr_rb-Division, Ranga Reddy District, T.S., pending the finar decision in this writ petitior. lA NO:2 oF 2024 Between: 1 The State of Telanoana Represented by The principal Secretary, Department of Revenue, (Stam6 and Registration), TelangAna State, Secretariat, Hyderabad T.S. The Commissioner and lnspector General of Registration, and Stamp, Mozamjahi Ma rket Road, riyo"iin, J sodoo i'i:d. ""'' The Sub-Registrar, O_ffice, C_trampapet, Bairamal Guda Road, Chamoaoet., saroonager, Ranga Reddy Oistrict, fryaeraOiJSOOO76, i.d ...PETITIONERS/RESPONDENTS 2 J AND 1 2 SARIKA KUCHIMANCHI Wo K.R.N. Mohan, aged about 44 vears. occupation Househotd iio piou.r"'c_vil'Vi[ijrnpJri-c.]".;, orp ffi]id -" '' Hospitat, Karkhana, Secunderabid b-oooo"s, T 3:'' Zal Maneck Foundation (A Trust estabrished under the Last will and Testament or Late zat Rustumli B;ai;;l;;ililteiian.cr.oai Zar Bastawara per Trustee sarosh sam eastdwali, sio iit" s.r*2Ii Bastawara; Aqed about 60 years, occupation Advocate,.Rio Fii,l";dB, Bil! il, oil; fpr"?r?"i:: Humayun Nagei, Mehdipatnam,'nyJeraorj sdoo)al'i.s . ...PETITIONERS Petition under section 151 cpc praying that in the circumstances stated in the affidavit fired in support of the petition, the Hrgh court may be preased to vacate the interim order granted on 3010412024 passed in w.p.No. gg3g of 2024 and dismiss the writ petition as devoid of the merits. Counsel for the petitioner : SRI B.MAYUR REDDY, Sr.Counsel for SRt SAtNt ARAVTND Counsel forthe Respondents: SRI H.RAKESH KUMAR, ASST. GP FOR STAMPS AND REGISTRATION W.P.No.9 952 oF 2024 Between: , 2 patha, Aged abour 42 yearc, occupation S8fi*:.rFi:,?=,?j:,p,onrkar Krishna Priva patha. wo sachin^patha, Aged about 3g years, occuoation Private Service, Both R/o 8-3-1085 and' ib'86, EHi-N;: idz'-Ar;i""ffi;;; Grand, Srinager Cotony, Hyderabad SOOOzS, i]S.' '"' Zal Maneck Foundation . A Trust. estabrished under the Last wi, and Testament or Lare zar Rustumji eastawara ;;;iate"'riianect<oai Zar Bastawara per Trustee sarosh sam Bastiwara, sro rite Sam2ai eastawara, Aged about f, l#:?tx8:;:ifl:1f sxi,:1i:,rys""j1,,I%333),:91',okazApartments, AND

1. The State of Te of Revenue Hyderabad T. S 8?sfl r5""lHlsl*,1;l"i:":i,3:[,""dijil,3:sill]ijl: ...PETITIONERS Z il'::*i#it','lpi:ft

3. The Sub_Registrar, Office Cha.,_.,,...^^+ D . s a roo n a g e r, h ; ;il 3"T:? "fior,j!3?jii:lgr;o"&ei1.l'Regi,;tration ?::,f,1'f gtl #5:; s o a d, c h a m pa pet, "",.H[:f, and Stamp, ...RESPONDENTS _in l:"^:,, : :: roze, petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High cou( may be pleased to issue a writ, order or direction particurarry in the nature of the writ of mandamus, to set aSide the [\-ltcrr,.,, ru^ 4 o^,.,^^^ jnffi:.]|,',ij?111 matter or Rerusa, N o 0 3,2 02 3, ., i and parricurarrv the Respondent No 3 herein to ,JJ;illJ''];:li[:H::':: sale Deed dury fu'y registered in Book rmaintained by the Respondent No 3, of the document registered by the Respondent No 3 bearing distirctive No c.s. No 3952 0f 2023' dated 01-04-2023, in Book 1 0f the book of R.gistration of non_ comp et on or the rorma t]"]:LfJ:i Lffi ",",.1J:::J:J:,.:f::;.jijii stamp Duty and dury obtaining execution and authentications of lhe executants, in the matter of the Sale Deed presented by the petit. oners is over ' for Registration in respect of land admea part and porrion or,r" ,;:Tt;',TjtJ"t: ffi;r'i"-;;;ojf ffi::? Balapur Mandar' Kandakur Revenue sub-Division, Ranga Reddy r)istrict, T.s. IA NO:1 oF2024 testamentary instrumentl petition under Section 151 CpC praying that in the ciqcumstances stated in the affidavit fired in support of the petition, the High court may be ;rreased preased in the interregnum to order and direct the Respondent No 3 to number and rerease the said document, the Registered Sale Deed Respondent No 3 bearing distinctive No c s. *" ,n#], j;l: :::=.;T:lr::rr::. in Book I of the book of Registration of non-testamentary instruments maintained by the Respondent No 3 herein, after the completion of the.formalities of the registration of the said document, colrection of stamp Duty and duly obtaining execution and authentications of the executants. in the matter of the sale Deed presented by the Petitioners for Registration in respect of rand admeasuring 4,g40 sq Yds in as is where is cond.ition, being part and portion of the land in Survey Nos. 99/1/5 in Mamidipaile Vifiage, of Barapur Mandar, Kandakur Revenue sub- Division, Ranga Reddy District, T.s., pending the finar decision in this writ petition. lA NO: 2 OF 2024 Between: 1 The State of relanoana Represented by The principar secretary, Department of Revenue, (Stimp rn.jl HugistLti';i"i;ffi|;na siaGl' S#Ai;iIai, Hyderabad T. S' The Commissioner, and lnspector General of Registration ,and Stamp, Mozamjahi Market Road, Hyderabad SOOOOf i S-. '- The Sub-Reg]strar, _Office,tlqmpa.pet, Bairamat Guda Road, Champapet, Saroonager, Ranga Reddy District, Hyderabad 500079 T S. J ... PETITIONERS/RESPONDENTS AND 1 2 Sachin Patha, S/o Sudhakar patha, Aged about 42 years, Occupation Software Professional Krishna Priya Patha. Wo Sachin patha, Aged about 38 years, Occupation Private Service, Both R/o 8-3-1085_and 1o-qq Fd-tG. iOZ hr;ili";i;; Grand, Srinager Colony, Hyderabad SOOOZS, i.S -' Zal Maneck Foundation, A.Trust established under the Last Will and Testament of Lare Zar Rultumji eastaGh ;d iatJ'rianectoai Zal Bastawara per Trustee Sarosh Sam Bastdwala, S/o late Sam2ii eastiwalJ, egil';'d;;i 9.0 years, Occupation Advocate,.R/o ftat lto +0A, Block B, Ok;r'Ap"a-rtm;ni;, Humayun Nagei, Mendipatnam,' HyderabadtOOo)8,'i.S ...RESPONDENTS/PETITIONERS 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 vacate the interim order granted on 30t0412024 passed in w.p.No. ggs2 of 2024 and dismiss the writ Petition as devoid of Merits. counserrorthePetitio""''r:T'r?ll3olHl^t=^??ft rr'counser Counsel for the Respondents: w.P .No. 9963 OF 2024 Between: iSl i.' t11:'J Jrm, o r,, R E G,s rRAro N ",i*[*':l!:##$:,]]:fri,tfl '**U*t****U*;,N?{#**1 $:r#%;",,li,i,1J"ii?,,"o",!:s;rr' AND

1. Z

3. ...PETITIONERS i',f s:{"H:ri$trfl T,i[H,.,ff :il:?j'r"ljr,"n5;T"d?i,":B.; j".,,sgi,Departmenr !:?#jTtr',i,::[i,ff iJ:i?::i:tff ??,SJS{}esishationaldstamps, J::":Hl;H%.ji,i;?[,EE;B&T&.t;l"la,;:rtltug6T:s,,champapet, petition under Articrp ))A ^t ,r^_ 'RESPONDENTS i!:'r:'l;:itrrilIfr iiTri:"##J;:,r" :hTrr# T mandamus, to set aside Rerusar No oqrzozs;,- or;i::I"J:.:1,1,'J?111"I ted and particularly the Respondent No 3 herein ,o nr'n' sale Deed duly fuily registered in Book r maintainr the document resistereJ .,;. j::".,":;,r;:#mi:T ::T:f comprerion of rhe formar* -12-04-2.t23,-in'm",tt", and direct the Respondents r and enter the Registered ;::::jl':'.:o'n"o bv the Resp>ndent No 3, or " " *. ::t,"; stamp Duty and du y "#:,Jj[",,',jl:::HH::[::]i:,4"":;*l ; the matter of the Sale Deed presented bylhe petitir o'"t f':rr Registration in respect of rand admeasuring 4,840 sq ; ts where is condition, being maintained o' tnu *"t'oonoooul,ol:: d is,in c,,ve *. -Hil :: ;.*",,,s ,; ,, "0, ".'l^"1].]"^ part and portion of the land in Survey Nos. 99/1/5 in Mamidipalle Village, of Balapur Mandal, Kandakur Revenue Sub_Division, Ranga Reddy.District, T.S. IA NOi10F 2024 Petition under section 151 cPc praying that in the circumstances stated in the affidavit fired in support of the petition, the High court may be preased pleased in the interregnum to order and direct the Respondent No 3 to number and rerease the said document' the Registered sare Deed dury fulry registered by the Respondent No 3 bearing distinctive No c.s. No 3954 0f 2023, dated 01-04_2023, in Book 1 of the book of Registration of non{estamentary instruments maintained by the Respondent No 3 herein, after the completion of the formarities of the registration of the said document, corection of stamp Duty and dury obtaining execution and authentications of the executants, in the matter of the sare Deed presented by the petitioners for Registration in respect of rand admeasuring 4,840 sq Yds in as is where is condrtion, being part and portion of the rand in sr*"y Nos 99/1/5 in Mamidipalle Village, of Balapur Mandal, Kandakur Revenue Sub_ Division, Ranga Reddy District, T.S., pending the finar decision in this wirt petition. IA NO: 20F 2024 Between: 1 2 J AND ii[:]3i18ir.3i:",lfl Tft H:B',ff :[[ii'r"lJ]?*:"d,f ,,":3T:,8#Depa.men, il[?"?j:#fi'i:["?f iiJ:iffi :i:t:st"r'slslResiskationandstamps, The Sub-Registrar, Office. ( saroonase,,-ni&"i#;r"JstTjf fr"r.a"r,:[:T?f33i3i:3.champapet, ...RESPONDENTS 1 2 Sarika Kuchiivianchi, Wo x,n!,"*.::gffi Jj,:S.fl&Ulfl Zal Maneck Foundation i"1l;,ifl %.ij"t,3iJ.ii?,,p1::3ili:i mfir-tiiatia*-*'mfl ffi F1[b'hlx,",fluil{ Humayun Nager, Mehdipati ) Petition under Section 151 cPC praying that in the c rcumstances stated in the affrdavit fired in support of the petition, the High court may be preased to vacate the interim order granted on 30104/2024 passed in \v.p.No. 9963 of 2024 and dismiss the writ petition as devoid of Merits. ...PETITIONERS Counsel for the petitioner : SRI B.MAYUR REDDY, Sr.Courrsel for SRt SAINI ARAVIND Counsel forthe Respondents: SRI H.RAKESH KUMAR, ASST. GP FOR STAMPS AND REGISTRATION The Court made the following: COMMON ORDER j THE HONOURABLE SRI JUSTICE N.V. SHRAVAN KUMAR W.Ps. No.98 81 9939 9952 and 9963 of 2ol24 COMMON ORDER Writ Petitions No.988 I , gg3g , gg12 and 9963 of 2024 have been filed seeking ro set aside the Memo No.146, r4s, 186 and 1g7 of 2023 dated 15.03.2023 and 12.O4.2023, respectively, wherein and whercby, the 3.d respondent, Sub-Registrar, Champapet, refused registration of the Pending Documents No.p-60, 59, g4 and a5 of 2023, respectively, intimating the petitioners that as per Section 22_A(L)(al of the Registration Act 1908 the survey numbers of the property comes under Government Land besides there is no NALA proceeding and the subject land lalls under unauthorised lavout. 2 ' Since the issues fell for consideration in ar1 these writ petitions are common, whcreby impugned Memos concerning the pending documents are questioned, as such, all these writ petitions are taken up for analogous hearing arrd are being disposed of by way of this common order.

3. It is to be noted that in W.ps. No.988i, gg3g, gg12 and 9963 of 2024, wherein the impugned Memos issued are pertaining to the Sale Deed Documenrs dated O4.O2.2O23, O4.O3.2O23 and O1.O4.2O23, respectively. j 2 W-P No. ,aali 99S9i 9952 &,9963 ot 2021

4. It is the case of the petitioners that on the earlier occasion they filed W.Ps. No. 1739, t736,7357 and 7324 of 2023 aggrieved by rhe action of the 3.,1 respondent in refusing to receive, rc {ister and release the documents submitted by the petitioners for regi-stration in respect of the land admeasuring 14,S2O sq.yds., 4,g40 sq.yds. , 4,g4O sq.yds., and 4,84O sq.yds., respectively, which is part and rarcel of land in sy'No.99l 1/5 of Mamidipalie vilrage of Balapur M rndal, Kandakur Revenue Sub-Division, Ranga Rcddy District, witho rt assigning any reasons and the same were disposed of by this Cou .t on 23.01.2023 and i6.03.2023, respectively, with a direction to thc Registering Authority to receive, register and release the su tject document, subject to the peLitioners complying with the provisions of the Act, i9OB as well as the tndian Stamp Act, 1g99 leavin 1 it open to the Registering Authorify to refuse the docum:nt presented, if he has any objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioners. Subsequently, the petitioners upon execution of the documents and after duly paying the requisite challans have submi ted the subject documents for registration and completed the entire registration procedure. Thereafter, the 3.d respondent took it upcn himself and issued the impugned Memos dated r5.o3.2o23 ar,d r2.o4.2o23, respectively refusing registration of the pendir-rg documents. challenging the same, the petitioners have filed tl- e present writ petitions. -7, 3 IwSK, J w.P. no.9aal, 993e, 9952 e 9963 of 2024

5. On behalf of the 3.d respondent, Sub-Registrar, Champapet, while denying the writs averments, had fi1ed separate counlers/ vacate af[rdavits in all these writ petitions, (For the sake of convenience, averments made in counter/vacate filed in W.P. No.9939 of 2024 are taken note), inter alia, stating that a sale deed was executed on

04.O3.2023 by ZAL MANECK FOUNDATION represented by its Trustee Sarosh Sam Bastawala in favour of Sarika Kuchimanchi affecting an extent of 484O sq.yds., in Sy.No.99 I I I 5 of Mamidipalli village, Balapur Mandal, Kandukur Revenue Division, Ranga Reddy District and was presented before the 3.d respondent for registration which was initially kept pending as P.No.59 of 2023. On scrutiny of the document, it was noticed that the schedule property was notified under Section 22(Al of the Registration Act, 19O8. The petitioners were informed refusal of registration vide impugned Memos dated

15.03.2023. The documents were refused registration under Section 7 1 of the Registration Act, 1908 and further submitted that the petitioners without availing alternative remedy of appeal under Section 72 of the Registration Act, have chosen to invoke extraordinary jurisdiction under Article 226 of the Constitution of India by way of filing the present writ petitions.

6. It is further submitted that in G.O.Ms. No.786 Revenue (Regn.l) Department, dated 09. 11.1999, a notihcation was issued under Section 22-A of the Registration Act, 1908 in which Sy.No.99/ 1 (Acs.2131.38 gts.,) and 99 l2 (Acs.l5.23 gts.,) of Mamidipalli village / 4 t{vsx, J cr-P. No. '84t, 9939, 9952 &,9963 012c24 were classifled as Government Land and 99 l1/5 ,Acs.125.O0 gts.,) as per Dharani Website is classihed as Government land. presumably only Sy.No'99 was in existence and rater it was sub livided into gg / r and 99 12 and there was no such survey numbr:r i.e. 99 l1/5 in Mamidipalli village. In the absence of the document, ry cvidence such as Pahani/Adangal/ Dharani to show that the Sr.No.99l1/5 was bifurcated, it can be concluded that the petitioners have mentioned sham and hctitious survey number 99 I r /5 to usurp he land either in Sy.No.99l 1 or 99 12.

7. It is further submitted that as a matter of fac , the petitioners themselves got the value of the property aSs€Sseil and paid the registration charges. Therefore, the averments made that the 3.d respondent assessed the stamp duty etc., are incorrect. It is further submitted that Sections 5g, 59 and 60 or the Registration Act, 1908 lead to the conclusions that the rcgistratiorr of a document is a soiemn to be performed in the presence of Rc.;istering Officer whose dut5r is to ensure that proper persons are t efore him with proper photos for identification. Further, the signatrrres have Lo be verified and that wiil be presumed to be in order r rnd duly done. A certificate endorsed on the deed under Section 60 is l rerevant piece of evidence in order to prove its execution. V/hen once an endorsement is made, as stipulated in Section 60, registration is completed and that the document so registered sh rll have to be returned to the person who presented for registration or to such other f ) r,Iv R. J W,P. lgo.9891, 9930. 9952 & 9963 oI2024 person as he has nominated in writing in that behalf on the receipt mentioned in Section 58 (2) as provided under Section 6O, 61 of the Registration Act, 1908. Unless a certificate of registration is added under Section 60, it cannot be said that document was registered in consonance with the provisions of the Registration Act, 1908.

8. It is further submitted that mere payment of stamp duty shall not be construed as if the document was registered and therefore it is not true to say that the impugned document was registered as per the provisions of the Registration Act, 1908 as such the averments of the petitioners are based on surmises and conjectures. Further, for registration of the documents affecting any property which is not prohibited shall get NALA approval and in the absence of the same, it could be construed as unauthorised layout and cannot be registered.

9. It is further submitted that the catena of judgments quoted by the petitioners are not appticable and have rro bearing on the present issue involved in these writ petitions and the provisions of Section 35 of the Registration Act, 19O8 were scrupulously followed insofar as presentation of the document and admission of the execution by the executants before the Registering authorit5r i.e. the 3.d respondent are concerned. Since the certificate of registration was not issued under Section 60 of the Registration Act, I9O8, it cannot be said that it was registered and after examination of the document it has come to light that the schedule property was prohibited under Section 22(Al of the 6 W.P- x..'aal, 9939, 9952 &, 9963 ot 2tZ4 Registration Act, 19O8. Eventually, it is submitted tI rat the petitioners have not approached this Court with clean hancl ; ar_rd these writ petitions deserve to be dismissed with costs.

10. Heard the learned Senior Counsel Sri B.Mayur Rerldy appearing for the petitioners and the learned Assistant Go\ ernment pleader Sri H. Rakesh Kumar appearing for the respondents who made their respective submissions substantiating their case, r rnd perused the material made available on the record. I I Having perused the impugned Memos, it is roticed that the subject documents have been refused for registratio r orr the ground that the survey numbers of the subject properry comes under Government land and NALA proceedings have nor been furnished. Along with the counter/vacate afhdavit, a copy rf the Dharani Integrated Land Records Management System, (iovernment of Telangana, is enclosed, as per which in the land dctails search, Sy.No.99l 1/5 has been assigned Khata No.120O, ancl in Sy.No./Sub Division No.99/ I /5, the name of the pattadar was sh )wn as Houses, Roads Schools and the nature of the land is classified as Government Land/Sarkari. Further, the transaction status was shown as ,,Survey No/Sub-Division No.is marked prohibited for transactit,n,,.

12. On a perusal of the sale deed dated 04.03.202 3, the name of Vendor is shown as "ZAL MANECK FOUNDATION, (A trust esrablished under the Last Will and Testament of Late Zal Rustun ii Bastawala & ? 7 I'rvsK. J W-P. No.9aAr. 9939,9952 &9963 ol2021 Late Maneckbai Zal Bastawala of Hyderabad India dated 22nd September, 1956)", who is petitioner No.2 in the present writ petitions. In the recitals, it is recited that the lands in Sy.No.99 of Mamidipally village, and Sub-Divisions thereto, now Balapur Mandal, Ranga Reddy District was purchased by the ancestors of the Vendor undei a registered sale deed executed on 146 December, 1956 vide document No.947 of 1956, of Book-I, Volume VI, pages 80, in the office of the District Registrar, Nizam Shahi Road, Hyderabad Deccan. The ancestors of the Vendor, executed a joint will and testament on 22"d September, 1956 under which this along with other properties belonging to the family were placed under a trust and after the death of Lhe Second Testatrixes, on the 9th of September, lg73, and with the death of all the original trustees, the signatory of the Vendor herein, was co-opted as a trustee of the foundation on 27tt of May, 19BO and the Vendors are the exclusive and absolute owners in possession of the land admeasuring 484O Sq-Yds., in as is where is condition, amongst other lands in Sy.No.99/ 1/5 in Maidipaile village of Balapur Mandal, (previously Saroornagar Mandal), Ranga Reddy District.

13. Further, the petitioners did not file the link document of registered sale deed executed on 14t5 December, 1956 vide document No.947 of 1956, of Book-I, Volume VI, Pages 80, in the ofhce of the District Registrar, Nizam Shahi Road, Hyderabad Deccan. 8 LvsK. J UI.P. No )Bal, 9939, 99SZ &,9963 oI2024

14. On a meticulous scrutiny of the details/reci _als mentioned in the sale deed dated O4.O3.2O23 and the land sea.ch from Dharani Website filed along with counter filed by the respondent No.3 wherefrom, it is noticed that the name of the patt rdar is show,n as Houses, Roads Schools for Sy.No.ggll/5, which h;rs been classified as Government tand/Sarkari and prohibited lor transaction. It appears that thcre is a dispute of identity and tirre of thc subject document/ property. More so, the petitioners havc filed only list of prohibited properties at para No.10 of affidavit (as far as relevant and printable) maintained by the Registration Departmer t is extracred for their convenience. The learned Senior Counsel fo _ the petitioners submitted that since the said land has not becr r shown in the prohibited properties annexed in the material papers rrnd [here was no relerence of subject land, this Court may direcr the registering authority to release the registered subject documents.

15. It is pertinent to note that the petitioners oug;ht [o have filed copy of the entirc details of Dharani land details sear,rh at the time of filing of the writ petition. The Dharani lands deta ls are avairabre online to public but the petitioners have extracted the relevant portion as per their convenience. There is an ambiguiB, in the details furnished in the sale deed dated O4.O3.2O23 a ed the details mentioned in the Dharani land details search in respe )t of the land in Sy.No.99/ 1/5, which is classified as Government ra;rd/Sarkari and prohibited for transaction. It is also pertinent to n( )te that in the { t 9 ltvsK, J w.P. o-9E81. 9939, 9952 b 9963 ot 2024 counter affidavit, it is specifically stated that the petitioners have mentioned sham and fictitious survey number 99/l/5 to usurp the land either in Sy.No.99/ I or 99 /2. However, as per the extracts of Dharani Sy.No.99/ 1/5 has been shown in the name of Houses, Roads, Schools in the column of Pattadar and classified as Govbrnment land/ Sarkari.

16. In view of the above discrepancies in identity and title of the subject property, which cannot be decided by this Court under Articie 226 ol the Constitution of India based on the afhdavits, the refusal Memos issued by the respondent No.3 warrants no interference. Earlier based on furnishing such partial details, this Court passed common interim order dated 30.O4.2024 directing the respondents to release the subject documents. However, the respondent No.3 by filing the entire land details search in their counter had brought out true facts noticing the same, this Court is of the considered opinion that the petitioner had not approached with clean hands and mislead this Court.

17. Having regard to the facts and circumstances of the case and the submissions made by the learned counsel on either side, these writ petitions are devoid of merits and liable to be dismissed. l0 I{VSK. J V/.P, o.98Er, 9939, 99S2 & 9963 aa ZO24

18. Accordingly, these writ petitions are dismiss:d. There shall be no order as to costs As a sequel, miscellaneous applications, if any pending, shall stand closed. //TRUE COPYII SD/.MOHD. ISMAIL q:PITYIEG'qEAL {F \ SECTION OFFICER One CC to SRt SAINI ARAV|ND, Advocate, tOpUCl

2. fwo CCs to Gp FOR STAMPS AND REGISTRATION, tigh Court for the 3. Two CD Copies. State of Telangana. [OUT] To, 1 BSK BS HIGH COURT DATED:1 010612025 I (. ,/.'-' sE 5 rA re- //\ .a J 1x ruN ztm i /;qp61r"''l -:: COMMON ORDER WP.Nos.9881,9939,9952 & 9963 OF ZOlt4 DISMISSING THE WRIT PETITIONS WITHOUT COSTS t7