Sam Ra v. yderabad

Counsel for the Petitioner : SRI D'BHASKAR YADAV Counsel for the Respondents: ASST'GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER I SK,.I W.P.No.22434 of 2025 THE HON'BLE SRI STICE K.SARATH ORDER: W.P.No.2243 of 2025 This writ petition is file questioning the action of the respondent No.2 in refus g to register and release the document through inti tion of refusal No.P1SO/R 8l I 417 / 2025 dated 23.O7 . O25 presented by the petitioner on 22.07.2025 i respect of open land admeasuring area 12iO sq ards in Sy.No.35 situated at Sahebnagar kalan Vill e Hayathnagar Mandal, Ranga Reddy District an admitted as pending document No.P180/2025 d ted 22.07.202.5 on the ground that the party h s not submitted nala permission, as illegal and ar

2. Heard Sri D. Bhaskar adav, learned counsel for the petitioner and Smt S. Sr anthi, learned Assistant Govetnment Pleader for S ps and Registration. 2 SIi, J W.P.No.22a34 of 2025

3. Learned counsel for the petitioner submits that this Court in similar circumstances has passed order in W.P.No.I547I of 2024 dated O2.O7.2024 and requested to pass similar order in this writ petition.

4. Learned Assistant Government Pieader for Stamps and Registration has not disputed the said submission

5. In vier.v of the reasons stated in the order passed in W.P.No.1547I of 2024 dated O2.O7.2024. the Wrir Petition is disposed o[ directing the tRegistering Authority to receive, register and release the subject document, subject to the petitioner complying \,,'ith the provisions of the Indian Registration Act, 1908, and Indian Stzrmps Act, 1899, as expeditiousiy as possible. prelerably n,ithin a period of three (O3) weeks lrom the date of receipt of copy of this order without insisting for the proceedings of NALA Tax under the provisions of the Telangana Agricultural Land (Conversion for J sl(,.1 W.P.No.22434 ot 2025 non-agricultural Purposes) A t, 2006. It is also open to the Registering Authority t refuse to register the subject document for y other reason and communicate the said decis n to the petitioner. It is needless to mention that th petitioner shall pay the Nala tax as per the prov sions of The Telangana Agricultural Land (Convers on for Non Agricultural Purposes) Act, 2006 as an when demanded by the appropriate authorities unde the said Act. No order as to costs.

6. The Registry is directed t annex a copy of the order in W.P.No.15471 of 2024 da d O2.O7.2024 to this writ petition.

7. MiscellaneousApplica ns, if any pending in this writ petition, shall stand clo ed. SD/.A. SRINIVASA REDDY ASSISTANT REGISTRAR //TRUE CO Yil sec$tJorrrcen To,

1. The Principal Secretary, Stamps and Re Secretariat, State of Telangana, Hyderab istratron Department, d

2. The Sub-Registrar Office, Vanasthalipur m (SRO), Ranga Reddy District .,/,/ ,,,.

3. One CC to SRI D.BHASKAR YADAV, Advocate lOPUCl 4. Two CCs to GP FOR STAMPS AND REGISTRATION' High Court for the State of Telangana. [OUT]

5. Two CD CoPies (Along with a copy ot the order, dated O2-O7'2024 in W P No 15471 ol 2024 to this OrdeO BSK BS n- I I HIGH COURT DATED:31 10712025 rli ;t: I I .r. 5\ i r\ii ti lt{ J o,+ * 13 ruc 20h :S/,4iC ia-l-l ORDER WP.No.22434 ot 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS a() -t Co$eJ) .k, HONOURABLE SRI JUSTIC N.V.SHRAVAN }(UMAR Writ Petition No. 5471 of 2o24 ORDER This writ petition is file to declare the action of respondent No.3 in refusing to re ster and release the sale deed i.e., Pending Doc.No.P. 114/2O2 uide Intirnation of Refusal No.48/2024 dated O3.06.2024 p sented by the petitioner and his vendor in respect of all that he open Land in Sy.Nos.201, 215 and 217, land admeasuri g 1000 sq.yds., situated at Gaj ularamaram Village, GHMC ircle, Quthbullapur Mandal, Medchal-Malkajgiri District (subj ct proeprty) on the ground of Memo No.G3/32+7 /2018 dat d 01.05.2019 issued by respondent No.2 as illegai and ar itrary and consequently direct respondent No.3 to register ald elease the pending sale deed i.e., P.No.714/2024 uide Int tion of Refusal No.48/2O24 dated 03.06.2024.

2. Heard learned counsel r the petitioner and learned Assistant Government Pleader fo Revenue appearing on behalf respondent Nos.1 to 3 l I I i l I I I ; I I l 2

3. The brief facts of the case are that petitioner's vendor is the sole, absolute owner and peaceful possessor of the subject property having acquired the same through registered sale deed uide Doc.No.4505 l2OO2 dated 13.06.2002 registered at Sub- Registrar Office, Medchal. Thereafter, due to family necessities, the vendor of the petitioner offered to sell the subject property and petitioner herein agreed to purchase the same. Thereafter, the vendor of the petitioner executed sale deed in favour of the petitioner and presented the same before responcient No.3 on

28.05.2024 but the subject document '"vas kept pending and assigned pending P.No. 114/2024 and the document was refused for registration on the following grounds: " 1. That the propertg set forth in the document is an agicttlture propertA and executant has failed to produce non-agricultu.re land conuersion certificate. The Telangana Rights in Land and Pattadar Pass Books Act, 2020 which has come into operation w.e.f., 1 9.O9.202O defined the Tahsildar-cum-Joint Sub-Registrar as Registrar to register the agicttltural lands situated in his jurisdiction. Consequent to the operation of the aboue Act, tLrc Gouernment of Telangana through G.O.Ms.No.118 Reu (Regn-I) Department dated 28.10.2020 has establislrcd the Offices of Joint Sub-Registrars under Section 7(1) of 3 the Registration Act, 1908 a of the concerned Mandal Registrar in respect of agricu Registrar, Quthbullapur has propertg.

2. That the Commi General (R&S) Department dated O1.05.2O19 has i huge lands are showing in registration, the Sub-Regist web land (Dharani) and fin per reuenue records and certificate of agricultural I land issued bg the competen d appointed Tahsildars Tahsildar - Joint Sub- ture lands. Hence, Sub- no jurisdiction ouer the sioner and Inspector emo No.G3/ 3247/ 2018 ructed that wheneuer sq.yds., and sought to r shall inuariablg refer out the real owners as rlsist upon conuerston d into non-agriculture authoritg. "

4. Th-e petitioner has also led copies of Dharani portal 1 entries maintained by the Govern ent of Telangana wherein the subject property is shown as hou e site. The petitioner has also paid the stamp duty in terms of ard basis which has also not been denied by the Sub-Registrar

5. The Sub-Registrar, Quth ullapur i.e., respondent No.3 has placed a copy of written ins ctions and submits that the pending document was refused for re gistrat ion uide Refusal order bearing No.1l4/2O24 dat d 28.04-2024 for the reason I 1 4 that: in terms of Memo No.G3/3247/2018 dated O1.05.2O19 has instructed that utheneuer huge lands are showing in Sq.gds., and sought to registration, the Sub-Registrar shall inuaiablg refer web land (Dharani) and fi.nd out the real owners as per reuenue records and insist upon conuersion certificate oJ- agicultural land into non-agiculture land issued bg the competent authoitg. But the parties in the d,ocument are failed. to produce NALA ce rtificate.

6. In a similar circumstance i.e., in W.P.No.3605 of 2024 dated 22.02.2024, ttre Sub Registrar has rel'used registration therein on the similar ground. In the said case, this Court directed the registering authority to process the pending document u,ithout insisting on payment of Nala charges. The relevant portion of the said order is as follows:

11. In uieut of the aboue and the for the reasons alike in the order dated 25.09.2023 passed in W.P. No.15124 of 2023 by this Court, Refusal No.11/2024 dated 06.02.2024 is herebg set aside arud this tuit petition is disposed of directing the respondent No-3, Sub-Registrar, to register the subject document in case, the same is in consonance with the prouisions of Registration Act, 19OB and_ Indian Stamp Act, 1899. Where the document is not liable for registration under those prouisions, a 5 Refusat order can be passe be intimated to the petition to the document are direct and uhen directed without and the decision taken r in witing. The parties d to pay NALA charges ising any resistance

7. Learned counsel for the petitionei submits that in the above case the document was egistered based on the Court order and in view of the same, he respondent authorities are insisting that unless the Court der is furnished, they cannot go ahead with the registration e would further submit that jurisdiction of respondent is onl for the purpose of registration and not for any other reasons. B. Learned counsel for th petitioner submits that theY have not received any so alled refusal order bearing No.48 I 2024 dated 03.06.2024. On a query by the Court, learned Assistant Governmen Pleader for Stamps and Registration, on instructions, su mits that already refusa-l order has been sent by Post. However, here is no proof of the same rn the instructions.

9. This Court in repeated umber of cases observed that the Registering Authorities are d t5r bound to communicate the 6 refusal order to the petitioners or the citizens, who approach for registering the documents and also granted liberty to the petitioners to avail the remedy as available under law. In the case on hand also the document has not been returned to the petitioner and it is in the custody of the Sub-Registrar. In that case, the petitioners cannot make a statutory appeal which is the available remedy for them. In a holistic view, it is observed that the ofhcers are erring in discharging their duties where certain timelines are prescribed. That apart, the Sub-Registrar herein is well aware that the adjacent lands are also registered even thereafter issued refusal order citing the reason that in Memo No.G3/3247 l2OlB dated 01.05.2019, in which it is instructed that whenever huge lands are showing in Sq.yds. , and sought for registration, the Sub-Registrar shall invariabiy refer web land (Dharani) and find out the real owners as per revenue records and insist upon conversion certificate of agricultural land into non-agricuiture lald issued by the competent authority. But the parties in the document are failed to produce NALA certificate. 7

10. On a perusal of the

01.05.2019, the Commissione Memo No.3247 /2018 dated of Inspector General of Registration and Stamps directe the Registering Officers to be vigilant that whenever huge land are shown in sq.yds., the Sub Registrars shall invariably refer ebland (Dharani) and hnd out real owners as per the reven e records and insist upon conversion certilicate of agricul land into non-agricultural land and insist upon converslon rtificate issued by competent authority.

11. It appears that the Su -Registrar has ca-lculated the market value in terms of yards d accordingly stamp dut5r has been paid in terms of sq.yard In such case, insisting of conversion certihcate from agri ulture to non-agriculture by competent authority is oniy for he purpose of record and the parties can be directed to furnis the same at a later point of time.

12. ln W.P.No.3605 of 2 24, this Court directed the Registering Authority to register e document without insisting on payment of Nala charges. he said order has not been challenged and documents have been registered thereafter. In 8 the case on hand the petitioner has paid huge stamp duty on yard basis based on market value obtained on yard basis ald again insisting on NALA charges is arbitrary and illegal and registering authority had not followed the directions of this Court in W.P.No.3605 of 2024,which has attained finality.

13. The main grievance of the petitioner is that earlier the subject land is put to non-agriculture use for several decades and that they have already paid stamp duty and registration charges in respect of lands as non-agriculture lands by treating all the lands within the area of GHMC in sq.yd., basis on par with open site in layout having open area and parks. It is further submrtted that respondent No.3 without understanding the aforesaid orders in W.P.No.3 605 of 2024, is refusing registration on the same refusal grounds and is insisting the petitioner to approach the Court and obtain specific orders for registration of the subject documents, the sard action is nothing but burdening the petitioners as well as the Hon'ble Court and pray this Court to direct the respondent No.3 to register the subject documents. 9

14. In the case on hand, is pertinent to note that the respondent No.3 without unde standing the purport of the aforesaid order, is refusing to re ter the subject documents on the same grounds and insisting he petitioners to obtain Court orders. The sajd action is not jus ified. Hence, this Court passed orders on O1.O7.2024 drecting spondent No.3 to be present before this Court on O2.O7.2024 d answer accordingly

15. The core issue is that many cases, the registering authorities are not implementi g the orders passed by this Court and are refusing to registe the subject documents on the same grounds and informing he citizens that unless they produce a Court order, the do ument cannot be registered. However, in such cases, the S b Registrars either by way of instructions or at the time of appearance submits that the parties have not produced th document. In view of such discrepancy in statement of the arties and Sub Registrars, the Courts are being misled.

16. In some cases, it i further observed that the respondent officers who are de g with the registrations of the documents are unable to deciph r the orders of the Court and 10 simply relegating the parties ald insisting the parties /citizens to approach the Court for repeated orders. In this entire gamut of events, the citizens are not only over burdened but also had to run pillar to post and are deprived of their rights guaranteed under Article 300-4. of the Constitution of India.

17. Learned Assistant Government Pleader for Stamps and Registration, on instructions, submits that henceforth they will follow orders of this Court and will not insist citizens to approach the Court time and again and the Sub-Registrars will follow the Court orders scrupulously and in case of any clarification, the Sub-Registrars will seek instructions from the learned Government Pleaders and see that the orders of the Court are implemented in its true letter and spirit without troubling the citizens and would ensure that their rights guaranteed under Article 300-4, of Constitution of India would be protected I

18. Recoding the submiss ons of the Sub-Registrar, this Court admonishes the Sub-Re strars in insisting the Court orders, on settled issues or matt rs attained hnality. f9. With the above obse ations, this writ petition 1S disposed of directing the Re stering Authority to receive, register and release the subj ct document, subject to the petitioner complying with th provisions of the Indian Registration Act, 1908, and I dian Stamps Act, 1899, AS expeditiously as possible, prefer ly within a period of three (O3) weeks from the date of receipt of copy of this order without insisting for the proceedings of ALA Tax under the provlsrons of the Telangana Agricultural Land (Conversion for non- agricultural Purposes) Act, 2

06. It is also open to the Registering Authority to refuse t register the subject document, by specifically assign the reason in terms of Section 71 of the Act, 1908 and communicate the said decision to the petitioner It is needless to mention that t e petitioner shall pay the Nala tax as per the provisions of Telangana Agricultural Land (Conversion for Non Agricultur Purposes) Act, 2006 as and .1 / when demanded by the appropriate authorities under the said t2 Act.

20. Wi1,h the above observations and directions, this writ petition is disposed of Miscellaneous petitions, if any, pending in this writ petition shall stand closed. No costs.

02.o7.2024 N.V.SHRAVAN KUMAR., J