High Court · 2025

Judgment

2. 3

5. The State of Telangana, Rep. by the Principal Secretary, Revenue Department, Secretariat, Hyderabad. The District Registrar, Rangareddy District, Telangana. The Commissioner and lnspector General, Registration and Stamps Department, Hyderabad, Telangana. The Joint Sub Registrar-|, RO(OB), Ranga Reddy District, Telangana. The Sub-Registrar, Serilingampally Mandal; Rangareddy District, Telangana. ...RESPONDENTS

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 a writ, order or direction, more particularly in the nature of Writ of Mandamus declaring the lmpugned Refusal Order. No.155/2020, dt. 1710812020 by the Respondent No.4 in refusing to register the Document No.P.813/2020 as illegal, arbitrary, violative of Articles 14,21 and 300-A of the Constitution of lndia and consequently direct the Respondents herein to forthwith register.and release the Sale Deed Document No. P.813/2020. 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 pteased to suspend the lmpugned Refusal Order. No. 155t2020, dt.1ll}8t2020 issued by the Respondent No.4 pending disposal of the present writ petition. lA NO: 2 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 Respondents herein to forthwith register and retease the Sale Deed Document No. P.81312020 pending disposal of the present writ petition. counsel for the Petitioners: sRt sAl SUMED yASAswt KoNDApALLt Counsel for the Respondents: SMT S.SRAVANTHI, AGP FOR STAMPS & REGISTRATION The Court made the following: ORDER 1 SK, J W.P.No. t8772 of 2025 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SRI JUSTTCE K.SARATH wRrt .L8772 of 2O2S Date:O4. L2.20.25. Between: M / s. SVS Associates, A Registered Partnership Firm Res. No.2052, H'No'3-6- 136 /6, Himayath Nagar, rep"resented by its Managing Partner, R. Narasimha and another' ... Petitioner And 1. The State of Telangana, rep' bY its Principal Secretary, Revenue DePartment, Secretariat, Hyderabad and 4 others' . . . Respondents ORDER: Heard Sri Sai Sumed Yasaswi Kondapalli, learned counsel for the petitioners and Smt S. Sravanthi, learned Assistant Government Pleader for Stamps and Registration for the respondents.

2. Learned Counsel for the petitioners submits that the Petitioners are questioning the Refusal Order 2 SK, J W.P.No.18772 of 2025 r '\^ . \, \ No. 1 55 /2o2o dated rz .o8.2o2o passed by the respondent No.4 in refusing to register the Document No. P.8 13 / 2o2o presented by them in respect of the House bearing No.3-70 /4 admeasuring 2oo sq. yards in sy.No.29 /Part and Sy.No.30 lpart situated at Khajaguda Village, Serilingampally Mandal, Ranga Reddy District. He submits that the respondent authorities have refused the said document basing on No.G | /22 LZ /2org dated 2o.o5.2ol9 issued by the commissioner and lnspector General of Registration and stamp Department and the name on the prIN number in the circular Memo document was not tallied with the name on the prIN number in the municipal record.s. He further submits that in the impugned order, the respondent No.4 has mentioned the circular Memo No.G r /2T lz /2olg dated 20.05.2019, but in fact the same authority has issued circular Memo No.G r /2T lr /2oLg 3 SK, J W.P.No.18772 of 2025 dated 03. 10.20 19 and clarified the earlier circular mentioning as follows; Sl.No Problem/Chall 1 2 Property standing in the name of the deceased person and the property is transacted by the family members I legal heirs. Municipalities not affecting the mutation resulting difficulty in getting documents registered by family members / leeal heirs. Docu'ments executed by courts/DRT/ Banks under SARFESI etc. Provisio nallimmedia Solution. SRs may register the documents if the documents are executed by family members I legal heirs on the strength of recitals in the document. As these sales are through legal action but not a voluntary transfer from the owner. Therefore, the SRs may register the documents executed bY these institutions / agencies without insisting for tatlying the ownershiP details in the municiPal records. 3 Documents executed in quick If the documents executed in quick succession foi Final solution GHMC and CDMA may come up with action plan to mutate the names of the legal heirs in their records as per their law without insisting any registered document from parties. Whenever GHMC and CDMA take up the plan it will be given suitable instructions. As these sales are through legal action but not a voluntary transfer from the owner. Therefore, the SRs may register the documents executed by these institutions / agencies without insisting for tallying the ownership details in the municipal records. The GHMC and CDMA shall come 4 SK, J W.P.No.18772 of 2O2S SUCCCSSION e.g. a sale deed is executed on 1. 1.2019 and the purchaser of the deed has executed either mortgage or sale on 10.1.2OL9. up with a clear policy and guidelines to mutate their records instantaneously concurring with the registration event. He further submits that without considering the said Memo, the respondent authorities have issued the impugned proceedings and the sarne are riabre to be set aside.

3. Learned Assistant Government pleader for stamps and Registration basing on the counter filed by the respondent No.5 has reiterated the reasons mentioned in the impugned refusal order, but rairly conceded that after the Circular Memo No. G 1 / 27 17 / 20 19 dated 20 .os .2o Lg , the respondent authorities have issued Circular Memo No. G I / 27 17 / 20 19 dated 03. 1 o .2o Lg and the petitioners'case has to be considered and requested to pass appropriate orders. / / t t 5 SK, J W.P.No.1,8772 ot 2025

4. After hearing both sides and perusal of the record, this Court is of the considered view that in view the Circular Memo No.G I /27 17 l20tg dated 03.1O.2O19, this Writ Petition is disposed of by setting aside the impugned Refusal Order No. 155 /2O2O dated 17 .O8.202O and the respondent authorities are directed to receive and register the document No.P.8l3 /2O2O dated 14.O7 .2020 presented by the petitioners subject to the petitioners complying with the provisions of the Act, 1908 as well as the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the document presented before him, if he has any other objection, by duly assigning reasons in support of such decision and communicate the said decision to the petitioners. It is made clear that this Court has not expressed any opinion on merits of the case as to the entitlement of the petitioner to get the subject documents registered. There shall be no order as to costs. 6 SK, J W.P.No.18772 of 2025 I

6. Miscellaneous Petitions, if any, pending in this writ petition shall stand closed. //TRUE COPY// To,

1. The Principal Secretary, Revenue Department, of Telangana. C. DEEPIKA REGISTRAR OFFICER Hyderabad, State

2. The District Registrar, Rangareddy District, Telangana. 3. The Commissioner and tnspeclor General, Registration and Stamps Department, Hyderabad, Telangana.

4. The Joint Sub Registrar-!, RO(OB), Ranga Reddy District, Telangana. 5. The Sub-Registrar, Serilingampally Mandal, Rangareddy District, Telangana. 6. One CC to SRI SAI SUIvIED YASASWI KONDAPALLI, Advocate IOPUCI 7. Two CCs to GP FOR STANIPS & REGISTRATION, High Court for the State of Telangana at Hyderabad TOUTJ B. Two CD Copies BSR GJP HIGH COURT DATED: 0411212025 ORDER lHE S14 I€ ( WP.No.18772 ot 2025 (J t' 15 orc &r ,i- c.13 l>a , cuf:\) * DISPOSING OF THE WRIT PETITION, WITHOUT COSTS \ \