1. Sri. Mohammed Aleemuddin v. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit file$ therewith, the High Court may be pleased to issue a Writ, Order, or Direction, more particularly one in the nature of a Writ of Mandamus, declaring the actiorl of Respondent No.5, i.e., the Sub- Registrar, Quthbullapur, Medchal - Malkaj$iri District, in refusing to register and release the Sale Deed bearing Pendiqg Document No. P.5712025, dated 15.05.2025, presented by the petitioners in respect of Part of House No. 3-5- 21tAl1 (wesl side portion) (PTIN No. 1266115068), admeasuring 92.00 Sq. yards _.,f1 ,4.,,4.}.7r4y?. or 76.91 Sq. me'ers, with a plinth area of 100.00 square feet of A.C.C. (Commercial), in Survey No. 270, situated at Rajiv (iandhi Nagar Colony, Bachupally Village and Mandal, under Nizampet Municipal Corporation, tr/edchal - Itilalkajgiri District, Telangana State, Registration Sub-District Quthbullapur, and Registration District Medchal - Malkajgiri, by issuing lntirnation of Refusal No. 3012025 dated 23 05.2025, based on G.O. IVs. No. 1,21, Revenue (Regn-l) Department, dated 0l.06.2016, and Letter No. E1lM DL:D1l1532l2O17-2 daled 24.O7.2024 issued by Respondent No. 3, as illegal, arbitrary, and in violation of Articles 14,21 , and 300-4 of the Constitution of lndia, and also in contravention of the provisions of t re Registration Act, 1908, besides be ng in violation of the principles of natural justice and consequently, direct Respordent No. 5 to register and release the S rle Deed bearing Pending Document No. P.57/2025, dated 15.05.2025, presenled by the petitioners in respect of the aforesaid Part of House No. 3-5-21lA/'1 (west side portion) (PTIN No. 126611506E), admeasuring 92.00 Sq. yards or 76.91 Sq. meters, with a plinth area of '100.0Cr square feet of A.C.C. (Commercial), in Siurvey No. 270, situated at Rajiv Gandhi Nagar Colony, Bachupally Village ernd Mandal, under Nizampet l\/unicipal Corporation, Medchal - Malkajgiri District, Telangana State, by setting aside Letter No. E1liVDL/Dl11 532t2A17-2 dated 24.07.2024, issued based on G.O. Ms. No. 121, Revenue (Regn-l) Department, dated 01.06.2016, by Respondent No. 3, including lntimation of Refusa No. 30/2025 dated 23.05.2025 issued by Respondent No. 5, lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated tn the affidavit filed in r;upport of the writ petition, the High Court may be pleased to direct Respondent \o. 5 herein to register and release the Sale Deed vide Pending Document t)o. P.5712025 dated 15.05.2025, by suspending the Refusal Order passed by Respondent No. 5 vide lntimation of Refusal No. 30/2025 dated 23.O5.2025, pending disposal of the above Writ Petition. Counsel for the Petitioners: SRI K. KARUNAKAR Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER rxier.ry..79r,- / t - l I I I I I I I ! I I I i i i I THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION N0.21336 of 2025 ORDER: Fleard Sri K.l{arunakar, learned counsel for the pctitioncrs and learned Assistpnt (]overnment Pleader for Stamps and Registration appearing for the respondents With the ir consent, this wril etition is disposed of at the p stagc of admission

2. Lcarncd counscl for the petitioners submits that this nrit petition is filcd by thc petitioners challenging the action oI the Respondent No.5 in not rcceiving, registering and rclc:rsing thc Sale Deed bcaring Pending Document No.P.57 /2025 daLcd l5.05.2025, presented by the petitioners in respect of Part o{ Flouse No.3-5-2 1/A/ 1 (wcst side portion) (IytlN No. 1266 115068), admeasuring 92.OO Sq. yards or 76.91 Sq. mcters ln Su*ey No. 27O situatecl at Raiiv Gandhi Nagar Colon{, Bachupally Village arrd IViandal, under Nizampct Municipal Corporation, Medchal - Maikajgiri District, 1,.y issuling Intimalion of Refusal s1(, J W.1'.No.21336 oJ 2O25 \: No.3Ol2O2t dated 23.05.2025 based on (i.O.N4s. No 121, Revenue (Regn-I) Department, dated O1.06.201(t, and l,ettcr No. E1/MDLlDl I1532 12017-2 daLcd 24.O7.2O')4 isstrccl bv RespondenL No.3

3. LeiLrned counsel for thc petitioncrs lurther submits that while tlealing with the similar issue, this Court allowed the W.P.No.12008 ol 2024 on 01.05.2024 tt:rcl requestcd to pass similar ordcr in tl-ris rvrit pctition also. 4 On the othcr hand, Lhc lc:rr.rlc<[ Assisiar-rt Governmer:t Pleader for Stamps and llegislration is not disputing tt'rc subrnissi<lu madc b)' tht: lcart.rccl counscl for the petitioncrs 5 In vicw of thc above made submissions by both sides and for the I'casolts zllikc in thc ordcr in W.P.No.12tro8 of 2024 clatcd 01.O5.2024, this w'rit pctition 1S disposecl of directing thc Registcring No.5 to receive, process, rcgister and rclcase the Salc Deed irt respect of part of }Iouse No.3-5-21/A/ 1 (uzest sidr: portion) (PTIN No.12661111068), admeasuring 92.OO Sq. l.arrls or 76.91 \) SI(, J W.P.No.2 7336 of 2O25 Sq. rneters in Survey No.270 situated at Rajiv Gandhi I I Nagar Colony, Bachupally Village and Mandal, under Nizampct Municipal Corporation, Medchal Malkajgiri District. u,ithin a pr:riod of lour (4) q,eeks lrom the date of receipt of a copy of this order, subject to the petitioners complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps a{ct, 1899. It is also open to the Rr:gistering Authority to refuse/receive the documents prcscntcd bcfore him, il he l-ras any other objection, by duly' assigning rcasons in suppotrt ol such decision and I communicate thc said decision to the petitioners. 6 It is made clear thalt mere registration of the documcr-rt does not confer titie ern the sublect property and it is also made clcar that thi$ order would not have anv bearing on all thosc matter$ where title/rights of the partics arc pencling before the authorities either in revision/appeals for adjudicatidn and in any other case this order aLso docs not prc'clucic dhe parties in asserting their 4 SK' J W.t,.No.21336 oI 2O25 \ _::t rights befc,r'c a competent Court of lai,r'. Horvever, there shall be no order as to costs.

7. Miscellaneous Petitions, it aly, pcrr<ling in this "r'rit petition shalL stand closed

8. Registry is directcd to anuex coprr of the rlrder in w.P.No.12()08 0f 2024 dated 01.05.2024 SD/. L- VIJAYA LAXMI ASSISTANT REGISTRAR //TRUE COPY// /&p- dt{ or FICER SECTI Qepartment l-lyderabad Telangana State - 500 095 '1 . The Principal Secretary, Revenue Department (Stamps and Registration), Secretariat, lhe Statebf Telangana, Hyderaba'd. pin.{,00 022. " 2. The Commisr;ioner and lnspectbr Geneial, Stamps ancl Registration 3. The Collector, lvledchal-lvlalkaiqiri District, Tetanqana-5OO 047. 4. The District Registrar, Ivledchd l-l\/a lkajgiri Districi, Teta,rgana-500 047. 5. The Sub-Reg strar, Quthbullapur, Medchat-Malkajgiri Dis-trict, Telangana-500 6. One CC to S'i K. Karunakar, Advocate [OPUCI 7. Two CCs to (lP for Stamps And Registration, High Corrt for the State of 8. Two CD Copi,--s Telangana, al Hyderabad [OUT]

055. To, TJ PVL I I I lf ,:r)\ _ oo\, 25 rUE 2u I -a ,/ HIGH COURT DATED:2310712025 ORDER /:,, :. ) WP.No.21336 of 2025 t D f: DISPOSING ()F THE WRIT PETITION WITHOUT COSTS b,{ STHE HONOURABLE SRI JUST4CE N.V. SHRAVAN KUMAR W.P. No.12OOb of 2024 ORDER: Heard the learned counsel on eitfer side and perused the material made available on record. with the consent of both the parties, this writ petition is disposed ofat the threshold. 2' This writ petition has been fil3d cha[enging the action of the Registering Authorities in refusing to register the subject documents based on the Gazette Notification R.R. No.83, dalted 25.09.2013.

3. The learned counsel for the petitioner would submit that the subject matter of this writ petition is squarery cdvered by the common order dated 22.03.2024 passed in w.P. Nos.9645 of 2o2r and w.p. No.26353 of 2023 by this court. The learned counsel wo,]ld further submit that this court, while granting interim order dated 2g.o4.Do2l in w.p. No.9645 of 2o2l had, stipulated a condition not to resort to Jurther conveyance of the subject property without leave of this court and gimilarly in w.p. No.26353 of 2023 this court, while granting interim order hated 22.og.2023, had prohibited the parties from proceeding with further ponveyance of the property except on obtaining required permission from thitr Court.

4. On the other hand, the tearne{ Assistant Government pleader appearing for the stamps and Registration did not dispute the submissions made by the learned counsel for the petitiqner. 2 E?

5. At this junctur e. it is signihcant to note that the Division Bench of this Court vide its common order dated lg 'lO '2023 passed ir' W P No 28300 of 2OO7 and batch ha,l dealt with the validity of Section ')2-A of the Act as incorporated in the Ilegistratron Act, 1908 and the Amended Act' 19 of 2OO7 with effect frorn 20.(t6-2OO7 and had upheld the validity 'rf the Section 22-A of the Act

6. Having gone through the material made available on the record and the submissions made by the learned counsel on either side' it is essential and n,:cessary to excerpt the relevant para )'los'23 to 32 of the common order datt:cl 22.03 '2024 passed in W P Nos r)645 of 2021 and 26353 of 2023 by thrs Court, rvhich reads as under: "23. From a perusal of the Notification in R R No 83' dated 25'09 2Al3' theSubJeCtlan.lswerenotifiedunderSection22-A(1)(a)forthepurposeof notice given inviting cbjections and Scctior 22-A(l). It is only 'r suggestions otr ll-re above proposal from all persons who:re likerly to be affectcd thcrcb\ for being taken into considcration by th" (-]ovcrnmen[' The detaits of the properties mentioned in the annexure r't:rtes that thc subject lands are Governmcnt larlds' 24 . Scction : 2-A (1) (c) of the Act manifests that arly docr- mcnts or class of documents l)ertaining to the properties, the State Goverrrnlent rnay' by notification pr(,hibit the registration in which avowed or ac:nred interests ofCentralandstateGovernments,I,ocalBodies,Educati.)na],Cultural, Rcligrous and Charitable lnstitutions, those attachcd by i)ivil Cnminal' Revenue Courls and f)trect and Indirect Tax Laws and otlers rvhich are likely to adversely affect these interest Section 22-A (2) reads as under "l2l For the purpose of Clause (e) of sub-sectiorr (l)' thc State Government s rall publish a notification after obtainlng r':asons for artd fult descriptir n of properties furnished by the Distnct Collectors concerned in t le manner as may be prescribed "

25. It is pertinent to note that in th casc of Vinjamuri Rajagopala and issued directions. As per Chary (Supra) paras 156 had su the Clause (v) no notihcation is conte lated under sub-section (2) of Section 22-A with respect to the properti s falling under clauses (a) to (d) of sub section (1) of Section 22 A. As per Clause (vi), the properties shall be notified in the ofhcial covered under clause (e) of Sectron 22- Gazette of the State Governments and s all be forwarded, along with the list of properties, and a copy of the rele ant notification/ Gazette, to the concerned registering authorities under t provisions of Registration Act and shall also place the said notification Gazette on the websites of both the State Governments itions as per the Notification in

26. The subject lands in these writ pet R.R.No.83 in File No,E5l473O /2Or3 / Qu 25.09.2013, which according to the Dist Government lands and a Notificati objections/suggestions before placing for I and (2) stipulates that if any land rs Government land, the Government shz notificalion after obtaining reasons for ar fhbullapur/Quthbullapur, dated lrict Collector were classified as bn was issued ,^ailing for [rohibitions. Seclion 22-A (l] (e) classified and determined as I publish an official Gazette hd futl description of propenies furnished by the District Collector concer{ed in the manner as prescribed. In the case on hand, the respondents ha{e not follorved the provisions of Section 22-A(1)(e)(2) arrd the guidetines lfsued by the Full Bench in the [pra) wherein at para 156 held case of Vinjamuri Rajagopala Chary (Sr that the authorities are obliged to follow CIause (vi) for those properties covered under Clause (e) of Section 22-A o[ the Acl, whereby such la-nds pf rhe Stale. The Nolification in pd by the Joint Collector, Ranga I bu llapu r/Quthbu llapur, dated fihar, Quthbullapur Mandal, File he Gazette Notification No.134, len ue (Registration l), 9s March ioner and [nspector General File No.Gl/4661/20O5, dated provisions of the Section 22-A R.R. No.83 dated 25.09.2O13 communicat Reddy vide File No.E5/473O /2013 / Q]ut) 25.O9 .2O13, Deputy Collector and Tahasik No .B / 583 / 20 12 , dated 17 .O2 .2O 12 and t dated 10.03.2005 and G.O.Ms.No.292, Re' 20O5 communicated by the Commiss (Revenue & Stamps), Hyderabad vide O2.O7.2OO5 are not in accordance with th (1) (e) and 22 (l\21 and also as per Claus (vi) of the guidelines issued in the case of Vinjamuri Rajagopala Chary Supra) and the same cannot be have to be notihed in the ofircial Gazette ( the basis for denying for registration of th subject properties 4

27. Furthcr. the Tahsrldar vide Filc No.B/583/2012, <lated t7.O2.2O12 had notihec the particular property as the Government land and requested the Sub-Registrar not to register any deed of,:onveyance. The District Collector on 25.O9.2O13 had issucd prelimiirary r'rotification calling lor otjcctions and the said notification was found io bc defective by this Court in \V.P. No.19O69 of2Ol4 dated 25-08.2O14.

28. It is al;o pertinent to note that in the counter hled jn W.P. No.26353 of 2023 p ohibiting transfer/regrstration that subscquent to the Notiflcation in R.R. No.83 dated 25.09.2O13 the answei.ing respondcnts have not tal(en any steps in notifying in the official liazette of State Government in terms of the guideline No.(vi) issued bl, tire Full Bench in the case of Vinjamuri Rajagopala Chary (Supra).

29. As such, the Notrllcation in R.R.No.83 in File No Dr/473012013/ Quthbultapu'/Quthbullapur, dated 25.09-2013, is onty:. notice given for inviling obje:tions and suggestions and this cannot lre the basis for relusal lor rr:gistration of the subject properties. In vicu, of the samc, Gazette Notilication in R.R- No.83, dated 25.O9.2013, c,rmmunrcated by the Joint Collector, Ranga Reddy vide File No.ES/aT3Ol2Ot3/ Quthbullapu -/Gajularamaram, dated 25.09.2013, 2) Deputy Collector & Tahsildar Quthbullapur Mandal, File No.Bl583/2012, d ed tZ.O2.2Ot2 and the (lazette Notification No.134, dated 11.03.2005 and G.O.Ms.No.2()2, dated 09 03,2OO5 are not in consonance ro the provisions of Sectiorr 22 i\ ot t]ne Registration Act, 19O8 and 22-A(1)(j and Clause (vi) of thc guidelines and the same cannot be referred for the purpose of den),ing regis tratlon of the subject properties. Conseqt-ently, reference made vide in File No. E5/4730 / 20 13 /Quthbullapur/Gaju laramaram, and FiIe No. E5l 4 730/ 20 13 /Quthbullapur/Quthbullapur, dated 25.O9.2Ot3 aj1d File No.B/583/2Ot2 dated 17.O2.2OL2 of the Tahsildair, euthbullapur MandaL, are rleclared as illegal, arbitrary and bad in larv and are hereby set aside.

30. Accordingly, W.P. Nos.9645 of 2O2l and 26353 of 2C'23 are allowed

31. This Cotrrt ot 22.O9.2023, while directing the Registering authority to receive ancL process the document without reference to the letter dated 17 -O2.2O72, rrnd the Notification in R.R. No.83 dated 25.O9.2013, had directed the l)etitioner not to resort to further conveyance of the subject property withrut leave of this Court. In this regard, it is made clear that since these writ petitions (W.P. Nos.9645 of 2O2l and 26:',53 of 20231 are 5 a1lowed, the condition that was impose further conveyance of the subject The Registering Authorities are directed records. to the effect that not to resort to property is hereby recalled. make necessary changes in the

32. It is made clear that mere regist ation of the document does not confer title on the subject property and i is also made clear that this order would not have any bearing on a1t thos matters where title/rights of the parties are pending before the authori es either in reusion/appeals for adjudication and in any other case this order also does not prectude the parties in asserting their rights befo ea competent Court of law There shall be no order as to costs.,, 7 - Since the issues invorved in this wfit petition are sim ar to those that have been considered by this Court in th common order dated 22.O3.2024 passed in W.P. Nos.9645 of 2O2t and 2 353 of 2023 and for the reasons alike, this wnt petition is allowed in t rms of the common order dated

22.03.2024 passed in W.P. Nos.9645 of 2027 and 26353 of 2023 bv this Court.

8. Consequently, the respondent No is directed to receive, process, register and release the sale deed in res t of Plot No.17, admeasuring 300 sq.Yards or 250.8 sq Mtrs in survey No.fto 1z , situated at Gajuraramaram Village, Quthbullapur Mandal under GHnfC euthbullapur circle, Medchal- Malkajgiri District, within a period of thre{ weeks from the date of receipt of a copy of this order, subject to the petitio er complying with the provisions of the Indian Registration Act, 1908, and I dian Stamps Act, 1899. It is also open to the Registering Authority to refuse before him, if he has any other objectio by duly assigning reasons in support of such decision and comm icate the said decision to the petitioner. It is made ciear that mere regi receive the documents presented tration of the document does not 6 { confer title on lhe sl-lbject property and it is also made clear that this order would not have an.,. bearing on all those rnatters wher,] title/nghts of the parties are pendinl3 before the authorittes either in revision / appeals for adjudication and irt any other case this order also does not preclude the parties in asserting their rights before a competent Court of 1aw' There shall be no order as to ccsts. As a sequel, miscellaneous applications, if any pending, shall stand closed Date: OL.O5.2O24 SHA JUSTICE N.V. SHRAVAN KUMAR