Md.Asma Begum v. 1. The State of Telangana

the affidavit filed in sulrport of the petition, the High Court may be p eased to direct the Respondent No. 1) herein to allot a regular registration number irr respect of the Sale Deed presentod hy the Petitioner in respect of the property sit.rated at House No.4-42-08, PTIN tJo. 140406024 on Plot No.8 admeasuting 14+.t'B Sq. Yards or

120.78 Sq.Mtrs, rn Survey Nos.348 to 351,352/part,357lpan. and 3i;8/part Situated at Asbestos Hills Co lony,Jagadgirigutta,Kukatpally village anri l'/andal, Under GHMC Kukatpally ci'cle, Medchal-Malkajgiri District, Telanganir, without the reference of refusel r:-der no.19/2023 dated 1B-Ol -2023 pending rjisposal of the above writ petition. Counsel for the Petitir>ner: SRI G. VENKAT REDDY Counsel for the Respr>ndents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER SK,I THE HONOI.IRABLE SRI JUSTICE K.SARATH WRIT PETITION No.14952 OF 2024 ORDER:

1. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Starnps & Registration, appearing for the respondents. With the their consent, this writ petition is being taken up for disposal at the adrnission stage 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.3303 of 2025 dated 06.02.2025 and requested to pass sirnilar order in this writ petition.

3. Learned Governrnent Pleader for Stamps and I Registration has not disputed the submission rnade by the learned counsel for the petitioner with regard to the disposal of the W.P.No.33O3 of 2025 dated 06.O2-2025 and requested. to pass appropriate orders. ^. ,/ -*d

4. In .",ier,r.. of the order passed in W p No.33O3 of 2025 datecl a6.O2.2025 and for the r()asonri rnentioned therein. t:ris; writ petition is dispos,ecl ol-, setting aside the refrrszLl order No.442/2023 of p-1O4,/ ,2C;23/Refusal 19 / 2023 . dated 18.O7 .2023. 'I'he pe ,it ioner 1s at liberty [o al)proach respondent No.3 r,l,'it]r the subject docurnent ',r'ithin a period of two (2) weel;:s from the date of rr:cr,ipt of copy of this order ard thereafter, responclerLt \o.3 is directed to consider th e petitioner,s case and slLall pass orders by follorvir-rg the circular instmctions issucd by the Cornmissroner and Inspector (ieneral of Registration ra 1([ Starnps, Telangana, Hyderabad uid,e ()irc.rrlzir Merno No.G3/91.2-2/2024, dated 12.Oa.202,1 arLd strictly in accordance u.ith law, as expeditiously a:; possible, preferably '.r.ithin a period of two (2) wee:l,-s, subject to the petitic,nor corrrpl-ying with the pror.isi,llns of the \qdian Rep;is;-ration Act, 1908, and In<lian Stamps Act, 7499. It is; erlso open 1,o the Registering; Arrthority to I 'l t sK,l refnse to register the subject docurnent, by specifically assigning the reasons in terms of Section 71 of the Act, 1908 and communicaLe the said decision to the petrtroner. 0 d t \ It is made clear that mere registration of the 5. document does not confer title on the subject property and it is also made clear that this order would not have any bearing all those matters where title/rights of the parties are pending before the atrLhorities either in revision/appeals for adjudication and in any other case this order also does not prech-rde the parties in asserting their rights before a cornpetent Cou.rt ol law'

6. Accordingly, the Writ Petition is disposed of' No order as to costs. Registry is directed to annex copy of the order in 7. W.P.No.33O3 of 2025 dated 06'O2'2025 along with th9 order.

8. Misce'lleLneous petitions, if any, penclirrg in this writ petitior, . s;hall stand closed' //TRUE COPY// SD/-N. SRTTIARI qE P urY RE_GISIB4I --:-_. - \ SI:CTION OFFICER I to'',. -n" Principal Socretary Stamps and, Registration De[hrtmert' Secretariat' The State of Teiangana, HyderaDao'

2. iii; Di;i;"i lies istfor' Medcnal-Malkajgiri District 6 tii; 5;; R; ri;i i; i, Klii;6'rrv, vt i. l;: ::slt;+""s:*$:iU *3[T3,Ef'!'Uf,t"'n rr r t re State or - 6. Two CD Cooies fJtangana, rt Ftyderabad [OUT] "o "tiit-H'tar fa.j.qiri ^D i strict TJ (Along with the Copl' of Order dated 06'02'2025 ln W'P'No'3303 rl)F 2025) cA( I I ! l l I I t I I I t I - ea**tr&:r, jt-- .. -... - r, HIGH COURT DATED:01 l0!i12t025 ORDER WP.No.14952 of 2024 $f . S rA7€: 1 )e( QJ o ,,r rqtY 2U25 2 F , io... -S.= (.O c\A DISPOSING OF THE WRIT PETITION WITHOUT COIiTS 0$bu ! I I I THE HONOURABLE SRI JUSTICE N.V.SHRAVAN KI'MAR WRIT PETITION No.33O3 of 2025 ORDER: This writ petition has been filed seeking the following prayer: "to issue order tuit or direction more partirularly one in the noture of WRIT OF MANDAM|IS declaing the action of the Respondent No 3 in refusing to regi.ster th.e document No P195/2024 in respect of all that of house beaing No 44249 in Plot No 49 situated at SA No 348 to 351 352/part and 358/part admeasuing 142 84 Sq Yds or 119 42 SqMtrs situated at Asbestos Hills Colong Jagodigirigutta Kukatpallg utllnge under GHMC Circte Limits Kukatpatty Mandal Medchttl Malkajgii Distict Telongana state (ls communtcated utde Letter No 37/ SRO/ KukcLtpally/ 2025 dt 08 O 1 2O25 ct's illegaL arbitrory and uiolcttiue of fundamentol rights under Artble 14 and 21 and 30oA of the Cotl-stitutton of India and consequently direct the Respondent No 3 to receiue register ond relea.se the said document submitted bg the Petitioners herein"

2. The brief facts of the case are that the petitioner No.1 is being represented by its Secretar5r, E' Mallikarjun Yadav a-rld petitioner No.2 is the origina,l allottee of plot No.49 admeasuring 142.84 square yards or llg.42 squzrre meters. The said plot was developed in a private layout vide Plan No.6704 lMP.2lHUDAl84 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 oackg'ound facts are that in the year 1980, the workers of HIL (formerls H'r lerabad Asbestos Cement Produc,.s Linrit,'d) registered a society by nanre "Hyderabad Asbestos Cement Workr:rs; Cooperative Housing Socie tr; Limited". The main objective was to a<:qr.Lire land and allocate house plots to its members for constrrctior. <:,f residential houses. The sa.il HIL acquired Ac.52.00 acres of land in Sy.Nos.348, 349, 350, 351 'Part), 352 (Part) and 358 (Part) ar: Kr rkatpally for Rs.10,40,0007 with sole aim of providing house tc its workers. Thereafter, thc s aid Asbestos Cement Workers Co-ope rative Housing Society Limit ed made a representation to the government on

25.OI.L982 for gr ant of exemption under Section 20 (1) (a) of the Urban Land (Ceiling an,1 Regulation) Act, 1976 for the excess ver.cant land of Ac.52.O0. Thr: r1,v6111nsnt thereafter examined the reqrLes;t of the land holders and g::a nted exemption under Section 20 (1) (a) of the said Act and issued or<ler vrde Memo No.337 /UC.II/82-5 da-ted 16.O6.1984, and directed the acq.lsition of the surplus land and its :ra nsfer to the Hyderabad Urbil I Development Authority for layout p reparation and plot allotmenrt tr) genuine society members. The gove.rnment vide G.O.Ms.No.92:3 <lated O1.08.1986 issued an order of atilotting land admeasuring A,:52.0O in the said survey numbers tc, Hyderabad Industries Lirnited for providing residential accomm cdirtion to its workers, benr:ht,ng approximately 1 ,364 workers as j:)er the list furnished to the lloveinment on free of cost, in rela:<ation .f the orders J 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 ald it shall not be sold or alienated to any other person.

2. The Hyderabad Industries Ltd, shal1 atlot the plots/houses only to its workers as per the list furnished to Governrnerrt.

3. That the Hyderabad Industries Ltd/atlottee 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 ally 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 complying with the above conditions.

4. Learned counsel for the petitioner draws attention of this Court to letter dated O8.O2.2011 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.9l dated 27.01.1982. The said letter was issued by the then General Manager-HR in the name and st5rle of "To Whom so ever it rnay concern" and authorized Mr. T. Swamy, S/o T. Mallaiah and Mr' E. Mallikarjun, S/o E. Maisaiah to maintain the affairs of the Asbestos 4 Hills Colony eLnC the relevant portion of the said letter is extracted as under: "ln virru of the above, Mr. T. Swamy and Mr. E. Mallilrar un *'hose signatures are depicted below, may represent the housing s)ci:ty as per the consent- r rf the members of the society before thll G( ,vernment authorilies rvlr ch may include Registration authorities and d,r tlre needful like register-ing the plots allotted to the eligible workers as pre.. G O-No.923 dated 01.08. t,)86 in Sy.Nos.348 to 351, 352 (p), 357 (F) an,l 358 (p) situatec at Kr. :atpalli, Hyderabad. They are empowere,l to lssue allotment letters to the rtrlotted workers or to their lega-l heirs, metnbers tflhe societ5r who are t:mplo.vees of Hyderabad Industries Ltd_ Arcl 'lh ird party registralions il the allottey Employee is no more a_live and t he.,. are also eiuthori.:uecl t:) execute sale deeds, etc. on behalf of thr I tyderabad industries Ltrl Employees Mutually aided Co-operative Horrsirrg society Ltd."

5. l,earned clunsel for the petitioner submits th rt the HIL represented trv Hyderabad Asbestos Cement \[,ork,:r s Cooperative Housing Socit:t1' Limited has allotted the land to the :e r.itioner vide allotment lr:tte.r dated 22.01.1990 i.e., plot No.49 admea sLrir,g 742.84 square yarcls or 1 19 .42 square meters.

6. Learned oounsel for the petitioner further sut,m:ts that on 04.ll .2024 the, petitioner presented the ailotmerLt l:tter dated

22.01.1990 after paying challan for an amount of Rs..l,!t2,800/- for registration b,:fo;e the Sub-Registrar, Kukatpally in respect of the subject propertl?. Thereafter, the Sub-Registrar, Kukatpaily, Medcha-l- Malkagiri Disticl received and kept the document pendilg by allotting No.Pl95/2O24 and refusal letr.er bearing No.37/SRO / Kr tkz.tpally / 2O2S dated 08.O 1.202 5. In the re fu sa1 letter, issued a 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 Sa-le Deed in favour of allotees in the absence of Delegation of power by Government or Hyderabad Industries Limited ald further held that Under Section 34 of the Registration Act, the executalts 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 5 (a) of the G.O.No.923 dated O1.O8.1986, which reads as under: "5 (4). That the Hyderabad Industries Ltd/a.llottee workers shall rrot 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 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 22.07.1990, 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 wihetein a copy of the similarly registered letter of allotment bearing document No.8233 of 2025 dated O1.O8.2024 registered before the Sub-Registrar, Kukatpally, was filed. 6

8. The 1ea:'rLr:d Assistant Government Pleader app ea ring for the respondents r-eprrted no instructions and seeks to pass appropriate orders.

9. Har,.rng ccrrsidered the above facts and circurnstzrr ce s, this Court deems it appropr iate to set aside the refusa-1 order No.0I o:. 2025 dated

08.01.2025 a::rri this writ petition is allowed. Petitioner is at liberty to approach resl;or,"dent No.3 with the subject documenl .vithin a period of two (2) weel,:s from the date of receipt of copy o. this order and thereafter, res,prr -rdent No.3 is directed to consider thc petitioner's case and shall pass crders by following the circuiar instruoio:rs issued by the Commissrolr:r and Inspector General of Registratlon rrnd Stamps, Telangana. H.yde rabad uide Ctcular Memo No.Gli/9122/2024, dated

12.08.2024 anrl strictly in accordance with 1aw, as e;<pt,:ditiously as possible, preferabiy, within a period of two (2) weeks;, sr-:bject to the petitioner conrpl'.ing with the provisions of the Indian R:gistration Act, 19O8, and Inrlizul Stamps Act, 1899. It is aiso open to :hr: Registering Authority to re ft rse to register the subject documenl , b5 specifically assigning the re asons in terms of Section 71 of the {cr-, 1908 and communicate tLLt, said decision to the petitioner.

10. It is made :lear that mere registration of the docu:le nt does not confer title on the subject property and it is also made ,:leer that this order would no t have any bearing on all those rrLat ters where title/rights of tlrc parties are pending before the a.uthor itir:s either in 7 reyision/appeals for adjudication and in any other case this order a-lso does not preclude the parties in asserting their rights before a competent Court of law. 1 1 . Accordingly, the Writ Petition is disposed of. No order as to costs. Miscellaneous applications, if alry pending, shall stand closed. Date:O6.O2.2o25 VRKS*/LSK JUSTICE N.V.SHRAVAN KUMAR