The High Court · 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 presented by the Petitioners in respect of the above said the House no.4-42 -B20l2lP-1168, ( old House No. 4-42-1168) PTIN No.1140410934 Constructed on part of plot bearing No.1'168 Southern Side Admeasuring '120.0 Sq.yards or '100.32 Sq .mts (out of 240.0 Sq.yards) along with total buildup area 600.Sq.feet in survey no.348 to 351, 352lPan,357lParl and 358/Part, situated at Asbestos Hills Colony, Jagadgirigufta, Kukatpally Village and KukatpallyMandal, under GHMC Kukatpalty Circte, Medchal-Malkajgiri District, without reference to the Memo No.G2l257 t2019 dated 29-12- 2020; pending disposal of the WP. lA NO: 2 OF 2023 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 permit the Petitioner to file the additional material papers in W.P. No. '18738 of 2023 as part and parcel of the main writ petition pending disposal the above writ petition. lA NO: 3 OF 2023 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 Permit the Petitioner to treat the additional material papers as part and parcel of the main writ petition pending disposal the above writ petition. Counsel for the Petitioners: SRI A.SAMIR KUMAR REDDY Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HON'BLE SRI WSTICE K.SARATH WRIT PETITION No.18738 OF 2o.23 ORDER: Heard learned counsel for thei petitioners 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 petitioners 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 arrd Registration has not disputed the submission made by the learned counsel for the petitioners with regard to the disposal of the W.P.No.3303 of 2025 dated 06.02.2025 and reqrrested to pass appropriate orders. 2

4. In view of the order passed in W'P'No'3303 of 2025 dated' 06-02.2025 and for the reasons mentioned therein, this writ petition is disposed of, setting aside the refusal order No.371 of P'9212023 lRefusal Order No.13/2023, dated 17 .06.2023' Petitioners are 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 petitioners' case and shall pass orders by following the circular instructions issued. by the Commissioner and Inspector General of Registration and Stamps, Telangana, Hyderabad uide Circular Memo No.G2 1257 12019, dated 29'72''2O2O and strictly in accordance with law, as expeditiously as possible, preferably, within a period of tu'o (2) weeks' subject to the petitioners complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps '\A"t, 1899. It is also open to the Registering Authority to 3 refuse to register the subject document, by specifically assigning the reasons in terms of Section 71 of the Act, 1908 and communicate the said decision to the petitioners. I

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 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 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 along with this order. 4 !

8. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. /ffRUE COPY// S -A. SRIN IVASA REDDY T REGISTRAR J sEcrroru oFFrcER To

5. o_

7. p artment, Secretariat The Principal Secretary, Stamps and Registration Hyderabad, State of Telang ana -500022. The Commissioner and lnspector General, Registrations and Stamps MJ- Market Hyderabad Telangana State. The District Registrar, Stamps and Registration Department, Medchdl- Malkajgiri District. The Sub-Registrar, Stamps and Registrations Department, Kukatpally, Medchal-Malkajgiri District. One CC to SRI A.SAMIR KUMAR REDDY, Advocate [OPUCI Two CCs to GP FOR STAMPS AND REGISTRATION, High Court for the State of Telangana, at Hyderabad. [OU! Two CD Copies (Along with a copy of the order dated 06.02.2025 in WP.No.3303 of 2O251 PSK BS M- L HIGH COURT DATED:2210412025 I ORDER WP.No.18738 of 2023 tfE Sl gRt O 0 5 uu 2s?5 c, I * o r)/! T O,.rr:1) { ,a DISPOSING OF THE WRIT PETITION WITHOUT COSTS o( )I ,VL THE HONOURABLE SRI WSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.33O3 ot2O25 ORDER: This writ petition has been Iiled seeking the following prayer: "to i.ssue order wrtt or dtrection more particularlg one in the nafitre of WRIT OF MANDAMUS declaing the action of the Respondent No 3 in refustng to register the document No P195/2O24 in respect of a\l that of house bearing No 44249 in Plot No 49 situated at SV No 348 to 351 352/part and 358/part admeasuing 142 84 Sq Yds or 119 42 SqMtrs situated at Asbesros Hills Cotony Jogadigtrigutto KukatPqttq uitlage under GHMC Ctrcle Limtts Kukatpatty Mandal Medchal Malkajgli Di-stict TelrLngona state cs communicated uide letter No 37/ SRO/ Kukatpally/ 2O25 dt oB 01 2o25 ns illegal arbitrary and uiolatiue of fundamental rights under ArtirLe 14 qnd 21 and 3O0A of the Constitution oJ India and consequentty direct the Respondent No 3 to receiue register and release the said document submttted bg the Petitioners herein"

2. The brief facts of the case are that the petitioner No.1 is being represented by its Secretary, E. Mallikarjun Yadav arrd petitioner No.2 is the original allottee of plot No.49 admeasuring 142.a4 square yards or 119.42 square meters. The said plot was developed in a private layout vide Plan No.67O4 /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 (for Short "HIL") being represented by its General Manager (Personnel). Thereafter, the petitioner had constmcted a house on the said plot and a H.No.4-4-49. )

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.52.00 acres of land in Sy.Nos.348, 349, 350, 351 (Part), 352 (Part) arrd 358 (Part) at Kukatpally for Rs.10,40,000/- 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

25.01.L982 for grant of exemption under Section 20 (t) (a) of the Urban Land (Ceiling and Regulation) Act, 1976 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.IIl82-5 dated 16.O6.1984, and directed the acquisition of the surplus lald 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.52.00 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 furnished 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, sha.ll a-llot the plots/houses only to its workers as per the list furnished to Government.

3. That the Hyderabad Industries Ltd/a-llottee workers shal1 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 compl.etion of construction of houses.

5. That the Hyderabad Industries/allottee workers may however mortgage the land/plots 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.

4. l,eamed counsel for the petitioner draws attention of this Court to letter dated 08.02.2011 issued by Hyderabad Industries Limited wherein the said company had handed over entire aJfairs 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 style of "To Whom so ever it may concern" and authorized Mr. T. Swamy, S/o T. Mallaiah and Mr. E. Mallikaq'un, S/o E. Maisaiah to maintain the affairs 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 allotment 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 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 Mutual.ly aided Co-operative Housing society Ltd."

5. l,earned 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 letter dated 22.OI.7990 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

04.11.2024 the petitioner presented the allotment letter dated

22.01.1990 after paying challan for an amount of Rs.3,22,800/- 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.Pl9S I 2024 and issued a refusal letter bearing No.37lSRO/Kukatpally/2025 dated 08.01.2025. 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 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 01.08.1986, which reads as under: "5 (4). 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 counsel for the petitioner submits that the said stipulated period of 1O years as envisaged above has been completed, since the allotment letter was dated 22.01.199O, the petitioner/ex-worker of HIL now seeks registration of the 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 O1.O8.2024 registered before the Sub-Registrar, Kukatpally, was filed. 6

8. The learned Assistant Government Pleader appearing for the respondents reported no instructions ald 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 the petitioner's case and shall pass orders by following the circular instructions issued by the Commissioner and Inspector General of Registration ald Stamps, Telangana, Hyderabad uide Circular Memo No.G3 /972212024, daled

72.08.2024 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 Indial 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 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 all 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 also 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 any pending, shall stand closed. Date:O6.O2.2o25 vRxs*/LstK JUSTICE N.V.SHRAVAN KUMAR