The High Court · 2025

Counsel for the Petitioner: SRI A.SAMIR KUMAR REDDY Counsel for the Respondents: Gp FOR STAMPS AND REGISTRATION The Court made the following: ORDER ila- THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.18746 OF 2023 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.3303 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 06.02.2025 and requested 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.39512O3 of P.9612023/Refusal Order No.l4 123, dated 27.06.2023. Petitioner is 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 petitioner's 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.G2l257 l2Ol9, dated 29.12.2O2O and strictly 1n accordance with lar,, 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 ls also open to the Registering Authorit5r 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' It is made clear that mere registration of the S. document does not confer title on the subject property and it is a.lso 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 afso 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 Registry is directed to annex copy of the order in 7 W.P.No.3303 of 2025 dated 06.02.2025 ilong with this order. 4

8. Miscellaneous petitions, if any, pending in this writ petition, sha.ll stand closed. sol-a. snrnvAsA REDDY / s STANT REGISTRAR //TRUE COPY// SECTION OFFICER To

1. 2 3 artment, Secretariat The PrinciP al Secretary, StamPs and Registration D Hyderabad, State of Telangana -500022 The Commi ssioner, and lnsPecto r GeneraI Registrations and StamPs tvlJ- Market HYd erabad Telang ana State. The District Registrar' Stamps and Registration DePartment, Medchal- lvlalkaioiri District. tiil"Sl"u-nliiiiiir' stamps and Resistrations Department' Kukatpallv' Medchal-Malkaigiri District' 4 s. i:"E iE't6'-s-nr'X.sArurn iiuMAR REDDY, Ad-vgg?le [oPUC] ; i;; ddJio-ci ion srAli/lC6 [pe pr,litsrnnrloN, Hish court ror the " siiie iretangana' at Hvderabad' [oUT] 7. Two CD CoPies (Along with a copy of the order dated 06'02'2025 in WP'No'3303 of 2025) PSK BS W HIGH COURT DATED:2210412025 ORDER WP.No.18746 ot 2023 TflE :-- sr" l.,^ .t\ 05lti Y 2025 .t t_) ( a DISPOSING OF THE WRIT PETTTION WITHOUT COSTS 1 fA \5 ,i THE HONOURABLE SRI WSTICE N.V.SHRAVN{ KI'MAR WRIT PETITION No.3 3O3 of2O25 ORDER This writ petition has been filed seeking the following prayer: "to issue order turit or direction more parttcularly one in the nature of WRIT OF MANDAMUS declaing the action of the Respondent No 3 in refusing to regi.ster tle document No P195/2024 in respect of all that of tnuse becting No 44249 tn Plot No 49 situoted ot SA No 348 to 351 352/part and 358/part admeasuing 142 84 Sq Yds or 119 42 SqMtrs sttuated at Asbestos Hitls Colong Jagadtgiigutta Kuka@ally uillage under GHMC Circ\e Limits Kukatpallg Mandal Medchal Malkajgti Distrtct Telongano state as communicated uide letter No 37/ SRO/ Kukatpallg/ 2O25 d.t 08 01 2O25 as illegal arbitrary and uiolatiue of fundamental rigltts under Article 14 and 21 and 300A oJ the Constitutton of India and consequentLy d.irect the Respondent No 3 to receiue register and release the said document submttted bA the Petitioners herein"

2. The brief facts of the case are that the petitioner No. 1 is being represented by its Secretar5r, E. Maflikarlun Yadav and petitioner No'2 is the original allottee of plot No.49 admeasuring 142.a4 square yards or llg.42 square meters. The said plot was developed in a private layout vide Plarl 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 constructed a house on the said 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 society by name "Hyderabad Asbestos Cement Workers Cooperative Housing Society Limited". The main objective was to acquire land ard allocate house plots to its members for construction of residential houses. The said HIL acquired Ac.52.0O acres of land in Sy.Nos.348, 349, 35O, 351 (Part), 352 (Part) and 358 (Part) at Kukatpally for Rs.1O,40,000/- with sole aim of providing house to its workers. ThereaJter, the said Asbestos Cement Workers Co-operative Housing Society Limited made a representation to the government on

25.O1.1982 for grant of exemption under Section 20 (1) (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.II/82-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 societ5r members. The government vide G.O.Ms.No.923 dated 01.08.1986 issued an order of a_llotting land admeasuring Ac.52.O0 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 lald is allotted to M/s. Hyderabad Industries Ltd only for the purpose of providing residential accommodation to their workers and it shall not be sold or alienated to any other person.

2. The Hyderabad lndustries Ltd, shdl 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 colstruction 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 sha.ll not alienate the houses so constructed to any other person for a period of ten yeajs from the completion of construction of houses.

5. That the Hyderabad Industries/allottee workers may however mortgage the land/plots without possession to any frnaacial other inst.itutions 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 Govemment for complying with the above conditions.

4. Learned 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 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.91 dared 27.01.1982. The said Ietter 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. Mallikarl'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 "In 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 ald do the needful Iike registering the plots a.llotted 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. Ancl Third party registrations If the allottey Employee is no more alive and they aJe also author2ed 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 letter dated 22.07.1990 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 04.1I.2024 the petitioner presented the allotment letter dated

22.OI.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-Registra-r, Kukatpally, Medchal- Malkagiri District received and kept the document pending by allotting No.P195/2024 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 ofthe 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 O1.08.1986, which reads as under: "5 (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". 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 05.02.2O25 wherein a copy of the similarly registered letter of allotment bearing document No.8233 of 2025 dated Ol .O8.2024 registered before the Sub-Registrar, Kukatpally, was liled. 6

8. The learned 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 the petitioner,s case and shall pass orders by following the circular instructions issued by the Commissioner and Inspector Genera-l of Registration and Stamps, Telangana, Hyderabad uil.e Circular Memo No.G3 /9122/2O2a, dated 12.08.2024 and strictly in accordalce 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 specifically assigning the reasons in terms of Section 71 of the Act, 1908 and communicate the said decision to the petitioner. 1O. It is made clear that mere registration of the document does not confer title on the subject property arrd 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 stald closed. Date:O6.O2.2o25 vRxs*/LsiK JUSTICE N.V.SHRAVAN KUMAR