Mattaoallv Nikhil. S/o. M. Yadagiri v. 't. 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 issue a writ, order or direction more particularly one in the nature of writ of certiorari, call for the records and declare the Ex.P-1 letter bearing Lr.No.E5/2825t2O21, daled 1oto6t2o21 issued by 2nd respondent as illegal, arbitrary and without jurisdiction and contrary to the provisions of the Registration Act, lgb8 and se6aiide the same and consequenity direct the 4th respondent herein to receive, register and release the sale deed presented by the petitioner in respect of House No.2-a1$2, on Plot bearing No.52, admeasuring 200 square Yaids or 167.2 Square Meters, along with Buitt-up area of 200 Square- .Feet tn.C.C.linSurveyNos.41t12arrl41/l3,situatedatKhanametVillage'GHMC beritingampalty Circle, Serilingampally Mandal, Ranga Reddy District, .without refererice io lltter bearing Lr.No.EE/2825t2021, dated 1010612021 issued by the 2nd respondent. lA NO: 1 OF 2021 Petition under Section 151 CPC praying that in the cir ;umstances stated in the affidavit filed in support of the petition, the High Cour may be pleased to dispense with filing of the original copy of E). )-1 letter bearing Lr.No.E5/282512021 , daled 1010612021 issued by 2nd espondent, pending disposal of the above writ petition. !A NO: 2 OF 202'l Petition under Section 151 CPC praying that in the c r )umstances stated in the affidavit filed in support of the petition, the High Cour may be pleased to suspend the operation of Letter bearing Lr.No.E5/282512C2 1, dated 101OG12021 issued by the 2nd respondent, pending disposal of the above ivrit petition- Gounsel for the Petitionen SRI S. SRIDHAR Counsel for the Respondents: ASST. GP FOR REVENUE The Court made the following: ORDER l ) THE HON'BLE SHRT JUSTICE ANIL KUMAR JUI(ANTI WRIT PETITIO N I{o.15655 of2O2L ORDER: This Writ Petition is hled seeking the following relief: '...to issue a Writ, Order or direction more oarticularlv one in the nature of Writ of Certiorari' tdl for th"e records and declare the Ex'P- I letter bearing Lr.No.ES 1282512O21, dated |0'06'2021 issued by 2'd respondent as illegal, arbitrary and without jurisdiction and contrar5r to the provisions of the Registration Act, 19O8 and set-aside .the same and lonsequently direct the 4ft re spondent herein to receive, register and release the Sale deed presented by the petitioner in respect of House ^lrlo.2-a 1 152, on Plot bearing No'52, admeasuring 20O Square Yards or 167.2 Square Meters, along with elilt-up area of 20O Square Feet (A'C'C) in Survey fvoi.+ t 7 f Z and 4l / 13, situated at KhanJ-met Village, GHMC S€rilingampally Circle' Serilingampally Mandal, Ranga Reddy District' withoui reflrence to l,etter bearing Lr'No'E'S12825/ 2021, dated 10.06.202l issued bY the 2nd respondent and pass such other order or orders

2. Heard Mr. S.Sridhar, learned counsel for petitioner and learned Assistant Government Pleader for Revenue appearing for resPondents.

3. Learned counsel for petitioner submitted that petitioner purchased House No.2-4I /52, on plot No.52, admeasuring 2O0 sq. yards or 167.2 sq' meters, along with 2 built-up area of 2OO sq. Feet, in Sy.Nos.41/ I 2 situated at Khanamet Village, Serilingampa JAK,J W.P.No.15655 2021 and 4I /13, tly Mandal, Ranga Reddy District, from one Mr. Niranjar Reddy for a sale consideration of Rs.40,76,0OO/-. It is further submitted that petitioner presented sale leed before respondent No.4 on 17.06.2021 and the szl : deed was refused for registration vide intimation of r r fusal dated la.06.2O2l (Ex. P2-page No.2O).

4. Learned counse[ for petitioner placed re.i rnce on the judgment of this Court in W.P.No.16109 of 2024 dated

19.O7.2024 and contended that in view of the rrder of the learned Single Judge in W.P.No. 16109 of 2024, respondent authorities caflnot refer to letter No.ES 128251 2O2l dated. 1O.06.2021 and similar [etter dated 29.O9. 2O2L as a reason for refusal of documents presented for re gistration.

5. On the other hand, Iearned Assistant r iovernment Pleader lor Revenue appearing for responden -, placed on record written insrructions dated l6.lO.2O2S re :eived from Deputy Collector and Tahsildar and submiflt d that the subject land is a prohibited property under Secl on 22(Al of l I 3 JAK,J W.P.No.tJ6i5 2021 the Registration Act, 1908 (for short, the Act) and the same is referred to in the letter No.E1 /4483/2O2a dated

15.03.2025 of District Collector, Ranga Reddy. It is further submitted that in the present writ 6. petition, challenge is made only to the tr'etter dated lB.06.2O2l i.e., intimation of refusal for registration' That respondents are at liberty to invoke the provisions of the Act, pursuant to the letter No.E1/4483 12024 dated

15.03.2025 of District Collector, Ranga Reddy.

7. Heard learned counsels, perused the record and considered the submissions.

8. Petitioner purchased House No.2-41/52, on plot No.52, admeasuring 2OO sq. yards or 167 '2 sq' meters, along with built-up area of 2OO sq. Feet, in Sy'Nos'41/ l2 and 4l/13, situated at Khanamet Village, Serilingampally Mandal, Ranga Reddy District, from one Mr' Niranj an Reddy. Petitioncr averred that he presented sale deed before respondent No.4 on 17.06.2021 and the sale deed was refused tor registration vide intimation of refusal dated 4 JAK,J W.P.No.l5655 2021

18.06.2021 (Ex.P2-page No.20), The con:, nrs of the i) intimation of the refusal are as follows: "lt is hereby informed that the docume r was in [he nature of Sale Deed execute < Niranjanreddy Resident of Hyderabad in I Sri Mattapaily Nikhil residents of H1 < alienating a-ll thar the H.No.2-4 I 152 on p < admeasuring 200 Sq.yards in Survey Nrr and, 4l /13 of Khanamet Vittage, Seriiing Mandal, Ranga Reddy District and present: the Joint Sub Registrar U RO (OB) Ran5;r District and admitted as document No. p.75 has been refused Registration lor the fi reasons: . which by Sri vour of erabad, t No.52 41112 lmpally I before Reddy ,llowing "As Per the list furnished by D r trict Collector Ralga /ide Lr.No.E5/2825 /2O2t Dated to-o6_2o21 the land in Su rvey No.4l/12 and 4I /13 is de<l red as Government Land under Section 22-A(l | )) ot Registration Act, 1908 and as prohibitei for registration." Reddy "As per the list of properties sent b / the Depu ty Collector and Tahsildar, the propc:.r u in Survey No. 4l/12 and, 4I/13 in Khanz met Village, Serilingampalty Manda_I, RR Distr < t is categorized as assigned land to I yed Phakeeraiah and Sri Syed Hussain respec_i ,ely under Sec 5(2) of The Telangana essigned Le rds (Prohibition of Transfers) Act lgTZ vide [t rter No.Bl 175t /20 17 dated t6-o6-2o17 _" The refusal order has been passed undersigned on \8-06-2021. A copy of it given lo the party upon application undersigned. ry the .r.ill be o the An Appeal against the Refusal Order lir s to the District Registrar, Ranga Reddy within th jr y (30) days from the date of refusal order." ;\ ,'} 5 JAKJ W.P.No. t5655 2021 g. On a perusal of the intimation of the refusal letter of Joint Sub Registrar, it is observed that refusal is pursuant to the letter of District Collector dated 1O'06 '2O2L wttll respect to land in Sy.Nos.41 I 12 and 4l / 13, being declared as Government land under Section 22(A)(1)(b) of the Act'

10. W.P.No.16l09 of 2024 was filed seeking the following relief: "...to issue an order or orders or direction or writ more particularly one in the nature of WRIT OF MANDAMUS. declaring the action of the 2od respondent in issuing proceedings Lr.No -E,S / 2a25 / zoit, dated 10.06.202l in respect of land in Sy.No.41l5 of Khanamet Serilingampally Mandal' Ranga Reddy District as illegal, arbitrary, highhanded, without authority and jurisdiction and co"nsequently direct the 4h respondent to receive, registei and release the sale deed presented by the p"Iitio.,.. in respect of Flat bearing No'405 in 4* floo. o[ Vintage Heights admeasuring 1175 sft with undivided share ol 54 Sq.yards situated at H.No.2-56iVHlaO5, Sy.No.41/5 of Khannamet Vittagc, Scritingampally Mandal, Seriligampally Municipality, Ranga Reddy District without reference to the Lr'No.E5/282512021 -dated 10.06.202l issued by the 2"d respondent in the interests of justice."

11. Learned Single of this Court by order dated Lg .O7 .2024 directed the respondent authorities to receive and register the documents presented by the writ 6 JAKJ w.P.No.l5655 2021 petitioners in W.P.No.16109 of 2024. Tlne fo.J rwing is the relevant portion of the order of the learned Sirl le Judge: C'r a'i "13. As such, the letter dated 10.06 t Lr.No.ESl2a25/2021 and the similar ler t 29.09.2021 in which reference o[ Iett : IO.O6.2O2L was made, are only letters sL by District Collector, Raaga Reddy Dr s District Registrar, Registration & Department, Ranga Reddy District fo - further necessary action and that cannct basis for refusal for registrat.ion of th e property. It is also pertinent to n() subsequently, no notification was isr;r respondent authorities with respect to tlL, lands mentioned in the letter dated 10.06.: view of the same, letter dated 10.06.2 Lr.No.ES /2825 /2021 and the similar letre 29.O9.2021 submitred by Districr Collector Reddy District to District Registrar, Registr Stamps Department, Ranga Reddy Distric in consonance to the provisions of Sectior the Act and 22(A)(l)(e) and Clausc (vi guidelines and the same cannot be referre I purpose of denying registration of the properties. Consequently, reference mac Lr.No.ES/282512O2t, dated rO.06.20,, similar letter dated 29.O9.2O2I are per sl arbitrary and bad in law and are hereby :,t and writ petition stands allowed. Re l Authorities are directed to rcceive, regir t release the sale deed presented by the peti i respect of the subject property, subject petitioner complying u.ith the provision s Indian Registration Act, 19O8, and Indian , Act, 1899. It is also open to the Re11 Authority to refuse to register the document, by specifically assigning thc rt:rLr terms of Section 7 I o[ the Act, I ()() communicate the said decision to rhe petitic r O2l rn r dated bmitted -rict to Stamps taking be the subject e that ed by list of O22. In )21 in ' dated Ranga rlion & 1re not 22-A of o[ the for the subject : r,ide illegal, t aside stering lr and rner in to the of the itamps stering rubject ons in t and er. 7 JAK,J w.P.No.l5655 2021

14. Needless, to state that respondent Authorities shatl scrupulously fotlow the directions and shall not further refer to the Lr.No.ESl 2a25l2O2l dated, 10.06.202l and similar letter dated 29 'O9.2O2L as a reason for refusal of registration and Registering Authorities shall verify the same before denying the registering on the similar ground which has already been addressed in this writ petition. It is made clear that mere registration of the document does not confer titte on the subject property and it is also made clear that this orcler 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 in asserting their rights before a competent Court of [aw'."

12. On a perusal of the order of learned Single Judge, it is observed that letter dated LO.A6.2O2| was under challenge in W.P.No.16109 of 2024 and learned Single Judge of this Court, after considering the entire factual matrix of the case, vide order dated 19.07.2024, directed the authorities to receive and register the documents presented.

13. Having perused the order of the learned Single Judge, this Court is not inclined to take a different view.

14. Having considered the entire factual matrix of the case, the order of the learned Single Judge and the written 8 JAKJ W I' No.15655 2021 r'i instructions, this Court is of the considered :pinion that the writ petition deserves to be allowed.

15. It is brought to the notice of this Court tl at pursuant to the directions of this Court, document was rresented by petitioner and the same has been registered.

16. In view of the submissions made across .he Bar that the document presented has been registered b5 the office of Sub-Registrar, this Court is of the view thiL no further orders are required to be passed in this writ pt: ition. 17 . Be that as it may, written instruc t ons, dated

16.1O.2O25 signed by the Deputy Collector a.r 1 Tahsildar, has been placed on record. The following are he contents of the written instructions: "Sri. Mattapally Nikhil has filed a Wrir before the Hon'ble High Court seeking di to declare the Ex Pl letter bearin 1 E512825 l2O2l dated lO /06/2021 issut:c. respondent as illegal arbitrary and jurisdiction and contrary to the provision s Registration Act 19O8 and set-a-side the sil consequently direct the 4t respondent hr receive register and release the Sale deed p- by the petitioner in respect of House No 24 I Plot bearing No 52 admeasuring 20O Squa- or 167 2 Square Meters along vvith Built-u1r 2OO Square Feet A CC in Survey Nos4 1,, )etition ections Lr. No by 2"4 vithout of the ne and :ein to sen ted 152 on Yards areer of 2 and 9 JAKJ W.P.No.l5655 m2l 4l /13 situated at Khanamet Village GHMC Serilingampally Circle Serilingampally Mandal Ranga Reddy District without reference to l,etter bearing Lr No E5/2825/2O21 dated 10106/2021 issued by the 2"d respondent and pass orders. It is submitted that as per the Wasool Baqui the old Sy. No.55 corresponding to New Sy.No.4l extent Ac.252 .24 gts., is classified as Poramboke and as per Sethwar the land in Sy.No.4I extent Ac.252.24 gts., is classified as Poramboke and belongs to Government. Further, it is submitted that in 1962 tl:.e land in Sy.No.41 is for an extent of Ac.47.OO gts., agriculture assigned to (13) persons. Later an extent ofAc. 25-11 gts has been assigned to (5) Persons. Further, it is submitted that as verihed from the documents it is evident that the land in Sy.No.4l/ 12 admeasuring Ac.8-OO gts has been assigned to one "Fakheeraiah" and Sy No.4l/ 13 admeasuring Ac.4-O0 gts has been assigned to one "Hasan Hussain" and the names of the assignees have been brought on record. Later, it has come to notice that Assignee/LR o[ assignee have sold out the said assigned [and in contravention of the assignment rules. The purchasers of the said Government assigned [and, have developed the same into residential layout iltegally and sold out to various persons against the rules. The instant Writ Petition has frled this WP seeking for process of registration document in respect of House No 241152 on Plot bearing No 52 admeasuring 2OO Square Yards in Survey Nos 4l/12 and 41/13 situated at Khanamet Village Serilingampally Mandal which has been earlier assigned to "Fakheeraiah" and "Hasan Hussain" and the said assigned lands has been sold out by Assignees/LR Assignees in contravention of the assignment rules. As such, the act of transfer of Assignment land is prohibited under the provisions of AP(TS) Assigned Lands (Prohibition ol Transfer) Act, 1977. As such, in order to protect the interest of Government, as per the directivcs of the Hon'ble !; l0 J,AK.J ,\.P No.15655 2021 High Court passed in Writ Appeals bear 343/2or5, 232/2012 and 35212ot3 23.12.2OL5 and also in various Writ Pet t concerned, the official respondents harr action to include the subject land in prohibitory property U ls. 22-A of Registrat 1908 in earlier events and also latest by A1 144a312024 Dt. 15.03.2O25 of District o Rangareddy. Keeping view of the above, the subjec: question is Government land and pro, registration documents and constructions r subject lands by the third parties are prohibited and granting permissions in r, : said subject lands are not considerccl, interest of Government. The Writ Petition<,t hled this WP seeking process of rep i document in respect House No 241 152 bearing No 52 admeasuring 20O Square I Survey Nos 4ll12 and 4l/L3 situa Khanamet Village Serilingampally Mandal. Hence the Writ Petitioner herein hled with a malahde intention to grab the valuz.l under guise of House No24ll52 on Plot bee 52 admeasuring 2OO Square Yards in Su - 4l l12 and 41/ 13 situated at Khanamet has filed this instant WP and the same is I be dismissed. " ng No. dated. ONS S list of rn Act, Lr No ,llector, land in ess of ver the strictly pect of in the herein ;tration rn Plot lrds in ed at his WP le land ring No cy Nos Village, able to

18. Basing on the contents of written i rstructions, learned Assistant Government Pleader conte r ded that a neu, list of prohibited properties has been comr unicated to the oflice of Sub-Registrar vide letter No.El ,4483 12021 dated 15.03.2025 by the District Collector, Il rnga Reddy and respondent authorities be granted liber t r to act in JAK,J w-P.No.l56i5 m2l accordance rvith law with respect to the properties which are listed in the letter dated 15.03.2025, communicated to the Sub-Registrar. Neediess to state that respondent authorities a-re not precluded future in accordance with law. from taking any steps in

19. For reasons aforesairl, the Writ Petition is allowed " qua" the writ petition er, " qua,, the prayer. No order as to costs. Miscellaneous petitions, if an1,. pending in this Writ Petidon shall stand closed SD/. M.NAGAMANI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Principal Secretary, Stamps and Registration Department, The State of Telangana., Secretariat, Hyderabad.

2. The District Collector, Ranga Reddy District. 3. The District Registrar, Ranga Reddy District. 4. The Joint Sub-Registrar-1 & 2, District Register Office, Ranga Reddy District. 5. One CC to SRI S. SRIDHAR, Advocate [OPUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana.

7. Two CD Copies PMK TKS d{- HIGH COURT DATED:2311012025 t I (\r' nrs\ C) rJ t9. * 0 FIB ;l']26 ir"r'. z .c) (l l;o;,16p,1'l \ --- --.-_..12 A. ORDER WP.No.15655 of 2021 - - "''".'r1.,'..!rrtl{#+€hartr+ =-. ALLOWING THE WRIT PETITION WITHOUT COSTS (r e\))-b