Reddy Shankar Reddy v. The State of Telangana

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 Writ or direction preferably WRIT OF MANDAMUS declaring the action of the Respondents in refusing the registration of Sale Deed dated 18.11.2023 presented for.registration, on the ground of issuance of letter Lr No F1t2O51lOO daied 28.11.2006 and 28.01 .2017 read with GOMs.No.1077 dated 07.OB.2OO7 by the Collector/4th Respondent as illegal, arbitrary, against the provisions of Registration Act and Stamp Act and unconstitutional being in violation of Articles 14, 21 of the Constitution of lndia and consequently direct the 3rd Respondent to register and release the Sale Deed dated 18.11.2023 presented for registration by the Petitioner in respect of Plot bearing No.352-G' admeasuring 500 Sq. yards, equivalent to 418.06 Sq meters in Sy.No.363iE, situated at Tellapur Village and Municipatity, Ramachand rapuram Mandal, Sangareddy District, Telangana State, without reference to the Lr No.F112051/06 dated 28.01.2017 read with GOMs.No.1077 dated 07.O8.2007. 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 Respondenls to register and release the Sale Deed dated 18.11.2023 presented for registration by the Petitioner in respect of Plot bearing No.352-G, admeasuring 500 Sq. yards, equivalent to 418.06 Sq meters in Sy.No.363/E, situated at Tellapur Village and Municipality, Ramachandrapuram Mandal, Sangareddy District, Telangana State, without reference to the Lr No.F112051/06 dated 28.01.2017 read with GOMs.No.1077 dated07.O8.2007, pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner : SRI SYED MUSAB RAHIM HASHMI Counsel for the Respondents: ASST.GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.13733 of 2o25 ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this writ petition is disposed of at the stage of admission.

2. Learned counsel for the petitioner submits that this writ petition is filed by the petitioner declaring the action of the Respondents in refusing the registration of Sa1e Deed dated 18. 1.1.2023 presented for registration, on the ground of issuance of Letter No.F1/2O51/06, dated

28.11.2006 and 28.01.2017 read with G.O.Ms.No.1077, Revenue (Assn.IV) Department, dated O7.O8.2OO7 by the respondent No.4- The District Collector, Sangareddy District as illegal, arbitrarlr, against the provisions of Registration Act and Stamp Act and unconstitutional being in violation of Articles 14 and 2l of the Constitution of \.. 2 srq J W.P.No.73733 of 2025 India and consequently, direct the respondent No.3 to register and release the Sale Deed dated 18.1I.2023 presented for registration by the petitioner in respect of plot bearing No.352-G, admeasuring to arr extent of 500 Square yards, equivalent to 418.06 meters in Sy.No.363/E, situated at Tellapur Village and Municipality, Ramachandrapurarn Maldal, Sangareddy District, without reference 1o the Letter No.F1/2O51/06, clated 28.01.2017 read with G.O.Ms.No. 1077, Revenue (Assn.IV) Department, dated 07.08.2OO7. 3 Learned counsel for the petitioner further submits that in sinrilar circumstances, this Court disposed of the W.P.No. 14903 of 2023 on 21.06.2023 and requested to pass similar order in this writ petition also. 4 On the other hand, the learnr:d Assistant Government Pleader for Stamps and Registration is not disputing the submission made by the learned counsel for the petitioner. / I \ sx, J V/.P.No.73733 of 2O25 5 In view of the above made submissions by both sides arrd for the reasons alike in the order in W.P.No.14903 of 2023 on 2I.06.2023, this writ petition is disposed of by setting aside the Refusal Order No.12 of 2024, dated 06.01.2024, passed by respondent No.3 i.e., the Joint Sub-Registrar-I, Patancheru, Sangareddy District. The Registering Authority is directed to receive, register and release the subject document i.e., the sale deed covered under the impugned Refusa-l order in respect of Plot bearing No.352-G, admeasuring to an extent of 5OO Square yards, equivalent to 418.06 meters in Sy.No.363/8, situated at Tellapur Village and Municipality, Ramachandrapuram Mandal, Sangareddy District, without reference to the letters uide Lr.No.F1/2051 106, dated 2a.ll.2006 and 28.O1.2017 and G.O.Ms.No.1077, Revenue (Assn.lV) Department, dated 07.OB.2OO7, in case, the said document complies with the provisions of the Registration Act, 1908, and the Indian Stamp Act, 1899. The Registering Authority can refuse to register the document in case the document is prohibited for registration under any of the provisions of 4 sx, J W.P.No.73733 of 2025 law, Ruk-'s or Regulations made thereundcr. However, the reasons assigned thereof and the decision taken shall be communioated to the petitioner in writing. l{owever, there sha-ll be n,r order as to costs.

6. Registry is directed to annex copy of the common order in \&.P.No.l49O3 of 2023, dated 21.06.2023. 7 Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// SD/- P. PONNA KRISHNA REGISTRAR I ON OFFICER To,

1. The Principal Secretary, Stamps and Registr State of Telangana, Hyderabad

2. The Commissioner and lnspector General of ati n partment, Secretariat, Re ration and Stamps, Hyderabad, Telangana State

3. The Joint Sub Registrar-|, RO (OB), Patancheru, Sangareddy, Telangana State The District Collector, Sangareddy District, Telangana State One CC to SRI SYED MUSAB RAHIM HASHMI, Advocate. [OPUC] Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana. [OUT] Two CD Copies. (Along with a copy of the Order, dated 21-06-2023 in W P.No.14903 ol 2023 to this Order) BSK 4 5 6 7 V I HIGH COURT DATED:011$il2025 ( -,..':--. tI 1r ;; r^ ).A C-) L) O9 JUil 26 t' {"' P4 rcLl; ORDER WP.No.13733 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS -d / I HON'BLE DT. JUSTICE CHILLAKUR SUMAI,ATHA WRIT PETITION No.149O3 of 2O23 ORDER: Heard Sri Sri A.Laxminarayana, learned counsel for the petitioners, as well as Sri B.Dileep Kumar, learned Assistant Government Pleader for Stamps and Registration, who is representing respondent Nos.1 to 5.

2. This Writ Petition is frled seeking the Court to issue a writ or order in the nature of writ of Mandamus declaring the Refusal Order No.18 of 2023, dated 17.5.2023, passed by respondent No.3 i.e., the Joint Sub-Registrar-I, Patancheru, Sanga Reddy District, as illegal and arbitrary and consequently, to direct respondent No.3 to register ald release the subject document i.e., the Sale Deed presented by the petitioner in respect of Plot No.94-G, admeasuring 500 square yards, located in Sy.No.363 of Tellapur Village, Ramachandrapuram Mandal, Sanga Reddy District.

3. Making his submission with regard to the merits of the matter, learned counsel for the petitioner contended that the sale deed presented for registration by the petitioner was not entertained by respondent No.3 basing on the letter vide ) DT CSL, J |r P.No.14903 of 2023 Lr.No.F1/2O51/2006, dated 28.11.2006, and indeed, the said letter has nothing to do with the lands which are located in Tellapur Village. Learned counsel also states that the subject property is neither a Government land nor an assigned land. The subject property is purely a private property. Learned counsel further states that the District Collector, Sanga Reddy District, has got no power to address letters to the Sub-Registrars and in case, the property is required to be kept in prohibitory list, it should be done under due process of law. The letter uide Lr.No.Fl/205 1 l2006, dated 28.1I.2006, reads as under:- "Adverting the subject it is inform that the Industrial Empioyees Co-Op. House Building Society Ltd. Bandlaguda has purchased the lands from the assignees, and sold the same to its members by making into plots in Patancheru, Ameenpur Villages of Patzrncheru Mandal and Tellapur, Kollur Villages of Ramachandrapur Mandal. ln this regard, it is to further inform you that the Collector, Medak has received applications from the members of the Societ5r for scrutiny. The District Reventre Offrcer, Medak is made Person-In charge of the said Society and the matter is being pursued. You are therefore directed not to entertain any petitions for mutations or changes in Revenue I I 3 Dr CSL, J tV.P.No.l4903 of 2023 Records, permission for any constrictions, N.O.Cs., etc., with regard to the lands said to have been purchased by tJ:e Industrial Employees Co-Op. House Building Society Ltd. Bandlaguda, until further orders. You are also directed to safeguard the above said lands from the encroachers.'

4. The afore-mentioned letter was addressed by the Coilector, Medak District to the Mandal Revenue Oflicers, Patancheru and RamachandraFur Mandals. Thereafter, i.e., on 28.O1.2017, the District Collector, Sanga Reddy District, addressed a letter to the District Registraf, Sanga Reddy calling for the details with regard to the registrations that were carried out. The said letter reads as under:- "I invite your attention to the reference cited, through which you were requested to not to entertain any sale transactions on the lands transacted by the Industria-l Employees Co-Op House Building Society, but it has come to the notice of the District Collector that certain transactions on the lalds transacted by the Society are still being entertained by the Sub-Registra-rs. I therefore request you to look into the matter personally and intimate whether any registrations entertained by the Sub-Registrars of Sangareddy and Patancheru on the society lands from 2006 to till date and if so, please fumish the details of the said registrations. .l Dr CSL. J lf P.No.14903 of2023 Treat this as "Most Urgent"."

5. Regarding the subject matter, G.O.Ms.No.1077, Revenue (Assn.tV) Department, dated 07.8.2O07, was issued by the then Government of Andhra Pradesh, wherein and whereby. narrating the details of the enquiries conducted., the Government observed as follows:- "Govt after careful examination have decided that t]re requesl of the Ameenpur, Beeramguda, Naraguda, Teilapur Plot Purchasers Welfare Association for reSSrlarization of the plots purchased by them from the said society in so far as Govt. Lands, assigned lands and lands belonging to Ex-Serviceman and Freedom Fighters do not deserve any consideration as it would violate the provisions of the AP Assigned Lands (POT) Act 1977 (9/77). Accordingly, the request of Ameenpur, beeremguda, Naraguda, Tellapur Plot Purchasers Welfirre Association for regularization submitted thror:gh their representation first read above, is hereby rejected. In respect of the patta lands, it is decided that the said patta lands acquired by the society be handed over to the said socie$r for taking necessary act_ion as per the provisions of the Cooperative Act in consrrltation with Registrar of Cooperative Society, Hyderabad. "

6. The afore-mentioned letters and the G.O. were held unsustainzrble alld accordingly, set aside by this Court 5 DT CSL, J W.P.No.l4903 of2023 through common order in Writ Petition No.96O4 of 2023 and batch, dated 28.02.2023, wherein this Court held as under:- "In the light of the above, the impugned orders passed by the respondents in these batch of Writ Petitions by referring to the letters of the District Collector, Sanga Reddy District i.e., Lr.No.Fl / 2O5l /06, dated 29.ll.2006 and 28.01.2017 and G.O.Ms.No. 1077, dated O7.O8.2OO7, are unsustainable and accordingly, they are hereby set aside and consequently, the respondent- registering authorities are directed to receive the returned documents covered by impugned refusal orders in the respective Writ Petitions and process the sarne for registration without reference to the Lr.No.F1/2O5 1 /06, dated 2A.1 l.2006 ar,d 28.07.2077 and G.O.Ms.No.lO77 d,ated 07.O8.2OO7 and complete the process in accordance with law within a period of three (3) weeks from the date of presentation of the returned documents by the respective petitioners and release the same in favour of the respective petitioners, subject to the said document complying with the requirements of the Registration Act, 1908 and the Indian Stamp Act, 1899." 7 . Leamed Assistant Government Pleader for Stamps and Registration who argued the matter did not state that the above order was put to challenge before higher forum. Therefore, the Registering Authority ought not to have i I I 6 Dr CSL, J W.P.No.l4903 of202j rejected the subject document basing on the same GO and letter which were set aside by this Court. 8. Thus, in the light of the factual scenario that exists as on this day, this Court is of the view the impugned Refusal Order passed by respondent No.3 is unsustainable. 9. Consequently, the Writ petition is allowed. The Refusal Order No.18 of 2023, dated 17.5.2023, passed by respondent No.3 i.e., the Joint Sub-Registrar-I, patancheru, Sanga Reddy is set aside. The Registering Authority is directed to receive, register and release the subject document i.e., the sale deed covered under the impugned Refusal order in respect of Plot No.94-G, admeasuring 500 square yards, which is located in Sy.No.363 of Tellapur Village, Ramachandrapurarn Mandal, Sanga Reddy District, without reference to the letters uzrCe Lr.No.F 1 /2051 l06, dated 2a.11.2006 and 28.O1.2017 and G.O.Ms.No. 1O27, Revenue (Assn.lV) Department, dated 07.08.2007, in case, the said document complies with the provisions of the Registration Act, 1908, and the Indian Stamp Act, 1899. The Registering Authority can refuse to register the document in case the document is prohibited for registration under any of the provisions of law, Rules or Regulations made thereunder. 7 Dr CSL, J W.P.No. t4903 of2023 However, the reasons assigned thereof and the decision taken shall be communicated to the petitioner in writing. There shall be no order as to costs. i 0. Miscellaneous petitions pending, if any, shail stald I closed.

21.6.2023 DT. JUSTICE CHILI.AKUR SUMALATHA I I