High Court · 2025

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith' the High Court may be pleased to issue a writ or Direction more particularly one in the nature of writ of Mandamus, declaring the action of the Respondent No.4 in refusing to receive, register and release the Sale deed, vide Pending document No.90/2024, dated 20-06-2024 in respect of the House bearing No. 4-42'82Ol2lP-1088' PTIN No' 1240401473, on Plot no. '1088, in Survey no. 348 to 35'l,352lPart, 357/part and 358i part, admeasuring 1 18.0 Sq. Yards or 98.66 Sq. meters, along with build-up area 300.0 Sq. Feet, situated at Asbestos hills Colony, Jagadgirigutta, Kukatpally Village, Kukatpally Mandal and under GHMC Kukatpally Circle, Medchal- Malkajgiri District, Telangana State, as illegal, arbitrary, colorable exercise and misuse of powers and contrary to the provisions of Registration Act 1908 and in violation of Article 14, 21 and 300 A of constitution of lndia and also in violation of principals of natural justice and consequently, direct the Respondent no.4 to receive, register and release the sale deed, vide Pending document No.9Ol2O24, dated 20-06-2024 presented by the Petitioner. 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.4 to receive, register and release the Sale deed, vide Pending document No. 90/2024, dated 20-06-2024 in respect of the House bearing No. 4-42-820121P-1088, PTIN No. 1240401473, on Plot no. 1088, in Survey no. 348 to 351 , 3521Pan,357/part and 358/part, admeasuring 118.0 Sq. Yards or 98.66 Sq. meters, along with build-up area 300.0 Sq. Feet, situated at Asbestos hills Colony, Jagadgirigutta, Kukatpally Village, Kukatpally Mandal and under GHMC Kukatpally Circle, Medchal-Malkajgiri District, Telangana State; pending disposal of the WP. Counsel for the Petitioner: SRI A.SAMIR KUMAR REDDY Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER w THE HON'BLE SRI JTISTICE K.SARATH WRIT PETITION No.1O8O5 of 2O2S ORDER Heard learned counsel for the petitioner and learned Government Pleader for Stamps and Registration for the respondents. With their consent, the writ petition is disposed of at the stage of admission itself.

2. Learned counsel for the petitioner submits that the issue invoived in this writ petition is squarely covered by the order passed by this Court in W.P.No.3303 of 2025 dated O6.02.2025 and requested to pass similar order in this writ petition'

3. Learned Government Pleader for Stamps and Registration has not disputed the submission made by the learned counsel for the petitioner with regard to the disposal of the w.P.No.33O3 of 2025 dated

06.O2.2O25and requested to pass appropriate orders. 2

4. In view of the order passed in W.p.No.33O3 of 2025 dated O6.O2.2O2Sand for the reasons mentioned therein, this writ petition is disposed of,setting aside the refusa_i order No.25B/2025 of p.9Ol2O24/Refusal Order No.l4/2024, dated Ol.OZ.2024. petitioner is at liberty to approach respondent No.4 with the subject document within a period of two (2) weeks from the date of receipt of copy of this order and thereafter, respondent No.4 is directed to consider the petitioner,s case and shall pass orders by following the circular instructions issued by the Commissioner and Inspector General of Registration and Stamps, Telangana, Hyderabad uid.e Circular Memo No.G3/9122/2024, dated 12.08.2024 and strictly in accordance with law, as expeditiously as possible, preferably, within a period of two (2) weeks, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899. It is also open to the Registering Authority to refuse to register the subject document, by specifically \ ) w assigning the reasons in terms of Section 71 of the Act, 1908 and communicate the said decision to the petrtroner.

5. It is made clear that mere registration of the document does not confer title on the subject property and it is also made clear that this order would not have any bearing on a-11 those matters where titte/rights of the Parties are pending before the authorities either inrevision/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 06.02.2025 aloog with this order. 4

8. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. To 1 2 3 4

5. o-

7. PSK BS //rRUE copytt'{5$i,$ilNirA:a,3FRlX ; \\'-secrrdr,r orircen- - Iliiii:si8?sff i?iiLzx::andoResistration DL/artment, Secretariat j:::ffi ::::;T:]", ffi,,F,[ll6fl'?Ffqr!ffiHi,"-* ilX?"ti,1-fi :'rl3 j!1|i3,:1ffi :andResistrationsDepartment,Kukatpary, Ift$i-*,rF#tr:;:;'"T*'f ;::*:;,,, ry- HIGH COURT DATED:1 110412025 ORDER WP.No.10805 ot 2025 .tltE Sl. ( oR ,a\ c o a o ,+ t 05 utu 296 : a. P,i;-crr- \t DISPOSING OF THE WRIT PETITION WITHOUT COSTS fl1 j ") 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 urit or direction more ParticularlA one in th.e nature of WRIT OF MANDAMUS declaing the action of the Respondent No 3 in refising ta register the d.ocument No P195/2024 Ln respect of all that of house bearing No 44249 tn Plot No 49 sttuated at SA No 348 to 351 352/patt and 358/ part admeasuing 142 84 Sq Yds or 119 42 SqMtrs situated at Asbestos Htlls Colong Jagadigiigutto Kukatpallg uillage under GHIvIC Circ\e Limits Kukatpally Mandal Medchal Malkajgii Di,stict Telangana state as communicated uide Letter I[o 37/ SRO/ Kukatpallg/ 2025 dt 08 0 1 2025 as illegal arbitary an.d uiolatiue of fundamental ights under ArticLe 14 and 21 and 3O0A oJ the Constitution of India and consequently direct the Respondent No 3 to receiue register and reLease the satd document submitted bg the Petitioners herein"

2. The brief facts of the case are that the petitioner No.l is being represented by its Secretary, E. Mallikarjun Yadav and petitioner No.2 is the original allottee of plot No.49 admeasuring 142.84 squa-re yards or 119.42 square meters. The said plot was developed in a private layout vide Plan No.6704 |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 background facts are that in the year 1980, the workers of HIL (formerly Hyderabad Asbestos Cement Products Limited) registered a society by name "Hyderabad Asbestos Cement Workers Cooperative Housing Society Limited". The main objective was to acquire land and allocate house plots to its members for construction of residential houses. The said HIL acquired Ac.52.O0 acres of land in Sy.Nos.348, 349, 350, 351 (Part), 352 (Part) and 358 (Part) at Kukatpally for Rs.10,4O,0OO/- with sole aim of providing house to its workers. Therea-fter, the said Asbestos Cement Workers Co-operative Housing Society Limited made a representation to the government on

25.O1.1982 for grant of exemption under Section 20 (1) (a) of the Urbar Land (Ceiling and Regulation) Act, 1976 for the excess vacant land of Ac.52.O0. The government thereafter examined the request of the land holders and granted exemption under Section 20 (1) (a) of the said Act and issued order vide Memo No.337 IUC.II/82-5 dated 16.O6.1984, and directed the acquisition of the surplus land and its transfer to the Hyderabad Urban Development Authority for layout preparation arrd plot allotment to genuine society members. The government vide G.O.Ms.No.923 dated 01.08.1986 issued an order of allotting larld admeasuring Ac.52.00 in the said survey numbers to Hyderabad Industries Limited for providing residential accommodation to its workers, benefiting approximately 1,364 workers as per the list fumished to the government on free of cost, in relaxation of the orders 3 issued 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 residentia.l accommodation to their workers and it shall not be sold or alienated to any other person.

2. The Hyderabad Industries Ltd, shall 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 Industries Ltd/a-llottee workers shall not a-lienate 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 ally financia-l other institutions only for the purpose of raising funds for the construction and for no other purpose.

6. alld that the Hyderabad Industries Ltd, shall be responsible to the Government for complying with the above conditions. t earned counsel for the petitioner draws attention of this Court

4. to letter dated 08.02.2O 1 I issued by Hyderabad Industries Limited wherein the said company had handed over entire affairs 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.O1.1982. 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. Mallikarjun, S/o E. Maisaiah to maintain the aJfairs of the Asbestos 4 Hills Colony and the relevant portion of the said letter is extracted as under: "ln view of the above, Mr. T. Swamy and Mr. E. Mallikarjun whose signatures are depicted below, may represent the housing society as per the consent of the members of the society before the Government authorities which may include Registration authorities and do the needful like registering the plots allotted to the eligible workers as per G.O.No.923 dated 01.08.1986 in Sy.Nos.348 to 351,352 (p), 357 (p) and 358 (p) situated at Kukatpalli, Hyderabad. They are empowered to issue a.llotment letters to the allotted workers or to their legal heirs, members of the society who are employees of Hyderabad Industries Ltd. And Third party registrations If the allottey Employee is no more a-live and they are also authorized to execute sale deeds, etc. on beha-lf of the Hyderabad industries Ltd. Employees Mutually aided Co-operative Housing society Ltd."

5. Learned counsel for the petitioner submits that the HIL represented by Hyderabad Asbestos Cement Workers Cooperative Housing Society Limited has allotted the lald to the petitioner vide allotment letter dated 22.O1.1990 i.e., plot No.49 admeasuring 142.84 square yards or 119.42 squ€rre meters.

6. Learned counsel for the petitioner further submits that on

04.11 .2024 the petitioner presented the allotment letter dated

22.O1.L99O after paying challan for an amount of Rs.3,22,8O0/- for registration before the Sub-Registrar, Kukatpally in respect of the subject property. Therea-fter, the Sub-Registrar, Kukatpally, Medchal- Malkagiri District received and kept the document pending by allotting No.Pl9S /2024 and refusal letter bearing issued a No.37lSRO/Kukatpally/2025 dated 08.01.2025. In the retusal 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 frled.

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.O8' 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 22.01.1990, the petitioner/ex-worker of HIL now seeks registration ofthe 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 OL.O8.2024 registered before the Sub-Registrar, Kukatpally, was filed. 6

8. The learned Assistant Government Pleader appearing for the respondents reported no instructions and seeks to pass appropriate orders.

9. Having considered the above facts and circumstarces, this Court deems it appropriate to set aside the refusal order No.0l of 2025 dated

08.01.2025 and this writ petition is allowed. Petitioner is at liberty to approach respondent No.3 with the subject document within a period of two (2) weeks from the date of receipt of copy of this order arrd thereafter, respondent No.3 is directed to consider the petitioner's case and shall pass orders by following the circular instructions issued by the Commissioner and Inspector General of Registration and Stamps, Telangana, Hyderabad uid,e Circ:ular Memo No.G3 /912212024, dated

12.Oa.2O24 and strictly in accordance with law, as expeditiously as possible, preferably, within a period of two (2) weeks, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899. It is also open to the Registering Authority to refuse to register the subject document, by specifically assigning the reasons in terms of Section 71 of the Act, 1908 ald communicate the said decision to the petitioner.

10. It is made clear that mere registration of the document does not confer title on the subject property and it is also made clear that this order would not have any bearing on all those matters where title/rights of the parties are pending before the authorities either in 7 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.

11. Accordingly, the Writ Petition is disposed of. No order as to costs. Miscellaneous applications, if any pending, shall stand closed. Date:O6.O2.2O25 VRI(S*/LSK WSTICE N.V.SHRAVAN KUMAR