Kinduddi Veeramani v. The State of Telangana

Counsel for the Petitioner : SRI PUPPALA MAHEEDHAR Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.14376 of 2o24 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 involved in this writ petition is squarely covered by the order passed by this Court in W.P.No.33O3 of 2025 dated 06.02.2025 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.3303 of 2025 dated O6.02.2025 and requested to pass appropriate orders. ) 2 SK, J W .P.14376 of 2024

4. In view of the order passed in W.P.No.33O3 of 2025 dated 06.02.2025 and for the reasons mentioned therein, this writ petition is disposed of, setting aside the refusal order No.8l2024 dated 03.O5.2024, Petitioner is at liberty to approach the respondent No.3 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.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, Telangala, Hyderabad uide Circuiar Memo No.G3/9122 12024, dated 12.Oa.2O24 and strictly 1n accordance with law, AS expeditiously AS possibie, 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 specificatly assigning the reasons in terms of Section 7l of the Act, 3 SK, J W .P .74376 of 2024 1908 and communicate the said decision to the petitioner.

5. It is made clea-r 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 revision or 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.3303"of 2025 dated 06.02.2025 along with this order.

8. Miscellaneous petitions, if aly, pending in this writ petition, sha-ll stand closed. //TRUE COPYII SD/.MOHD. ISMAIL DEPUry REGISTRAR /, )1, SECTIdMOFFICER T o,

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

2. The District Registrar, IVledchal-Malkajgiri District 3. The Sub-Registrar, Kukatpally, Medchal-Malkajgiri District 4. One CC to SRI PUPPALA MAHEEDHAR, Advocate. [OPUC]

5. Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana. [OUT]

6. Two CD Copies. . (Along with a copy of the Order, dated 06-02-2025 in W.P.No.3303 of 2025 to this Order) BSK GJP I f4 \f \ HIGH COURT DATED:2210412025 /, / I I 1, ORDER WP.No.14376 of 2024-'- F\ \'r'i .-,, ..-..- .)' .,/ /,, s !l DISPOSING OF THE WRIT PETITION WITHOUT COSTS THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.33O3 of2025 ORDER: This writ petition has been frled seeking'fhe following prayer: "a' iiEi.' 6 i-a "r "i at | 6t , direction more parti 'y 'one in:the ai:ilie of wprCoF -MANDA,WS ;d.iita,ias ttiiiction iffui--nesppndi n! IiG'Aofr,fle if iii' it-ig i t a oi4TiWb spbE ;i 61i yo i-in iefikiT B ffile€;' thstsf 1,6i,'e"ilgalgNi?.+.1219'i!fibigi:lp$it""telfd,sc!N-;-3$ru .i',3'sz'/pai'fiia'ljsariETG\ifrffiiii6:iTi-iiq:,S.iff-it!'aT-'tig'Tz fiititis &t oteit'izt asblSir?iigi'nESccit;is':raii"6;g,iii;iFclt.aiii..iic;tii ihtri6:; nW, ottu a,cte t-iii,iii'xit"ii;,;rt'WaEl$p -@iiifid Di{i;$W.A;ffi!;E rsiiie:'",rti )':'ii#,'ffin"i'EtE2ffiEl*'it&dai. : ;' :.i6 gil1rtrifi ;atfr t1r-i025tut1'e.E';[email protected] WdE6i'tn;a-i7trit"tfi i6ffi,i^{rWiZi:W-ii-ffi{pdqtrFffi w.ffi-";ifi@dmffi&ffi'mftfr i.Wffiiitsi€W:ia4;tr;1.t,!-;iiirAffiiiieTffini-Yrt b,ffi6;ftk t*i6in:

2. The brief facts of the case are that the petitioner No 1 is being represented by its Secretary, E. Mallikarjun Yadav and petitioner No'2 is the original allottee of plot No.49 admeasuring 142'84 square yards or 119.42 square meters. The said plot was developed in a private Iayout vide plan No.6ZO+ /MP.2IHUDA/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(forShort"HIL")beingrepresentedbyitsGeneralManager (Personnel). Thereafter, the petitioner had constructed a house on the sajd 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 societ5r by name "Hyderabad Asbestos Cement Workers Cooperative Housing Society Limited". The main objective was to acquire land and al'locate house plots to its members for construction of residential houses. The said HIL acquired Ac.52.0O acres of land in Sy.Nos.34g, 349 , 35O, 35 1 (Part), 352 (Part) and 3S8 (part) at Kukatpally for Rs.1O,40,000/- with sole aim of providing house to its workers. Thereafter, the said Asbestos Cement Workers Co-operative Housing Society Limited made a representation to the government on

25.OL1982 for grant of exemption under Section 20 (l) (a) of the Urban Laled (Ceiling and Regulation) Act, 7976 for the excess vacant land of Ac-52.00. 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 /UC.IIlB2-S dated 16.06.1984, and directed the acquisition of the surplus land and its transfer to the Hyderabad Urban Development Authority for layout preparation and plot allotment to genuine society members. The government vide G.O.Ms.No.923 dated 01.08.1986 issued an order of allotting land admeasuring Ac.52.OO in the said survey numbers to Hyderabad Industries Limited for providing residential accommodation to its workers, benefiting approximately 1,364 workers as per the tist furnished to the government on lree of cost, in relaxation of the orders J issued in G.O.Ms.No.B40, Revenue, dated 16.O6.1982, subject t6 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 provrding residential accommodation to their workers and it shalt not be sold or alienated to any other person.

2. The Hyderabad Industrres 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/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.

5. That the Hyderabad Industries/ allottee workers may however mortgage the land/ptots without possession to any financial other institutions only for the purpose of raising funds for the construction and for no other purpose,

6. and that the Hyderabad Industries Ltd, shall be responsible to the Government for comp\ring with the above conditions. l,earned counsel for the petitioner draws attention of this Court

4. to letter dated 08.O2 .20 I 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. Maflaiah and Mr. F,. Mallikarjun, S/o E. Maisaia-h by taking reference to G.O.Ms.No.91 d,ated, 27.01.1982. The said letter was issued by the then General Manager-HR in the name and style of "To Whom so ever it may concern" ald authorized Mr. T. Swamy, S/o T. Mallaiah and Mr' E. Mallikadun, S/o E. Maisaiah to maintain the affairs of the Asbestos 4 Hills Colony ald the relevant portion of the said letter is extracted as "In view of the above, Mr. T. Swamy and Mr. E. Mallikarjun whose signatures are depicted below, may represent tlre housing society as per the consent of the members of the society before the Governmeqt authorities which may include Registration authorities and do the needful like registering the plots allotted to the etigible 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 allotment letters to the allotted workers or to their legal herrs, members of the society who are employees of Hyderabad Industries Ltd. And Third party registrations If the a-llottey Employee is no more alive and they are also authorized to execute sale deeds, etc. on behalf 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 land to the petitioner vide allotment ietter dated 22.O1.1990 i.e., plot No.49 admeasuring 142.84 square yards or 119.42 square meters.

6. Learned -counsel for the petitioner further submits that on O4.1I.2024 the petitioner. presented the ailotment letter dated

22.01.1990 after paying challan for an amount of Rs.3,22,8O0/- for registration before the Sub-Registrar, Kukatpally in respect of the subject property. Thereafter, the Sub-Registrar, Kukatpally, Medchal- Malkagiri District received and kept the document pending by allotting No.P195 /2024 and refusal letter bearing issued a No.37lSRo/Kukatpally /2025 dated O8.O1.2025. In the refusal 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 Hyderab.d tndusiries Limited ald 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 filed.

7. The learned counsel for the petitioner has drawn attention of this Court to clause S ( ) of the G.O.No.923 dated 01.Og.1986, which reads as under: '5 (a). That the Hyderabad Industries Ltd/allottee 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.. In view of the above, learned .or.r"il for the petitioner submits that the said stipulated period of 10 years as envisaged }bovi: has been completed, since the alotment letter was d,ated. 22.01.1990, the petitioner/ex-worker of HIL now seeks registration of the Further, the Garned rhe petiiioner r,a" d.a.niaGiilil-or -- piop".ty ""ia "or.,""I-fo. this Court _to the Memo dated O5.O2.2O25 wherein a copy of the similarly registered letter of ariotment bearing document No.g233 of 2025 dated 01 .O8 .2024 ' registered before the . Sub:Registral, nr,-*.- Kukatpally, was frled 6

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

9. Having considered the above facts and circumstances, this Court deems it appropriate to set aside the refusal order No.O1 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 and thereafter, respondent No.3 is directed to consider thc petitioner's case and shall pass orders by following the circuiar instructions issued by the Commissioner and Inspector General of Registration and Stamps, Telangana, Hyderabad uide Circttlar Memo No.G3 19122 12024, dated

12.08.2024 ard 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 specihcally assigning the reasons in terms of Section 71 of the Act, 1908 and 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 al1 those matters where title/rights of the parties are pending before the authorities either in 7 revision/appeals for adjudication and in any other case this order arso does not preclude the parties in asserting their rights before a competent Court of law I 1 , Accordingly, the Writ petition disposed of. No order as to Miscellaneous applications, if any pending, shalt stand closed. Date:O6.O2.2025 VRKS*/LSK JUSTICE N.V.SHRAVAN KUMAR