iesiOent of Bommakal Village v. z. ffrd oistrict Registrar

Petition under Article 226 of lhe 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 one in the nature of a writ of lr/andamus declaring the action of the Respondents, more particularly the RespondentNo.3,inrefusingtoreceiveandregistertheSaleDeedpresentedby the Petitioners, (the same having been received as Doct.No.P326l12 and dated 18-09-2012), in respect of their property comprising of all that entire extent of land totally admeasuring Ac.2-05 Guntas equivalent to 2.86 Hectares, being agricultural drylandsituatedinSy.No.l02lA,BommakalRevenueVillage,Karimnagar Mandal, District Karimnagar, pursuant to Draft Memo No.Gl/1 7480196 Dated 08- 05-2012 issued by the Office of the Commissioner and lnspector General of Registration and Stamps, A.P., Hyderabad as illegal, arbitrary and against the provisions of law and declare the said Draft Memo No. G1/17480/96 Dated 08-05- 2012issuedbytheofficeoftheCommissionerandlnspectorGeneralof Registration and Stamps, A.P.' Hyderabad as illegal, arbitrary and against the provisions of lar,a, a rrl consequently direct the Respondent \o.3 to recelive and register the Sak: I e =d submitted by the Petitioners, (the san re having been received as Doct N; P326/12 and dated 18-09-2012) herein in respect of the property covered rrr jer the said Sale Deed, the same comprising of all that entire extent of land totrrll , admeasuring Ac.2-05 Guntas equivalent to 0,86 Hectares, being agricultura cl v land situated in Sy.No.102lA, Bommaka Flevenue Village, Karimnagar [Vanrlrr . l)istrict Karimnagar. l.A. No: 1 oF 20'lj:l yP_lvlE,__N_Ai$Z2E_4E20'!Z) Petition urC e the affidavit filecl il orders, pending rlisp herein to rece,v€ a same having 5 e: r respect of their l)r admeasuring Ac. ll. land situated ir S y'. Distrrct Ka rim nra 3 a - :iection 151 CPC praying that in the circurns:ances stated in r pport of the petition, the High Court malr lre pleased to pass rr;al of the above Writ Petition, to direct rh,l r3spondent No.3 1 register the sale Deed submitted by the :etitioners, (the ,r:ceived as Doct. No.P326/12 and date,j 18.09.2012), in ,:rerty comprising of all that .entire extent of land totally ,; guntas equivalent to 0.86 Hectares, being agricultural dry . o 1021 A Bommakal Revenue Village, i(:rrirrnagar [t4andal, Counsel for the l)r-'t tioners: SRI AARIFA IMRAN KHAN Counsel for the R,:s pondents: AGP FOR REVENUE The Court made the rollowing: ORDER HONOURABLE SRI IUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.15152 of 2017 ORDER: Heard learned counsel lor the petitioners and learned Assistant Government Pleader for Stamps and Rcgistration appearing for respondent Nos.1 to 3. With their consent this writ petition is taken up for disposal' 2 This Writ petition is filed seeking the following Prayer:- -D-ta[t "to declare the action of the Respondeflts tnore particularly tht Respondtnt N0.3, in refusing to receiae and register the Sale Deetl preiented by the Petitiorcrs, (the same haaing been receiaed as Doct' No.P326fl2 and dated 18.09.20L2), in respect of tfuit property compising of all that entire extent of land totally admeautring Ac' 2-0; Gu;ta; equioalent to 0.86 Hectures, being agicultural dry land situated in Sy No.102/A, Bommakal Reztenue Village' Memo Kaimnagar Mandal, bistrict Karimnagtr, Pursuant to No.Gf1i4s0/g6 Dated 08.05.2072 issued by the ofice of the C,ommissioner and lnspector General of Registration and Stamps' A.P., Hyderabad as illegal, arbitrary and against thc p-r-oaisions of law tmi declare the iairi Draft Memo No'G1/17480/95 Dated 08.05.201.2 issued by the Ot'fce of the Commissioner and lnspector General of Registrition and Starrps AP, Hyderabad as illegal' arbitrary ind igainst the proaisions of lau and co-nseque.ntly direct the ResiondmlNo.3 to receiae and register tfu Sale Deed submittud Doct No' by the Petitioners, (the same haoing been receioed iSZefiZ and futted L8.09.2072) herein in respect of tle property coaered under the said Sale Deed the same comprising of all that entire extcnt of lnnd totally admeasuring Ac' 2-05 Guntas equirsalent to 0.d6 Hectares, being agricu,ltural dry land situated in Sy No.102/A, Bommakal Reaeiue Village, Kaimnagar Mandal ' Distict Kuimnagar." -as

3. Brief facts of this writ petition are that the petitioners claims to be the owners and possessors oi agti.ultural dry land totally admeasuring Ac'2-05 Guntas equivalent to 0.86 Hectares, situated in Sy No 102/4, Bommakal 2 he petitioners Revenue Viila 1r:, Karimnagar Mandal, District Karimnaga... ,l with an irrten i,rn to sell the subject property executed tle ,rale deed and approachec t. s;rondent No.3 for registration. Hor,r.ever, ttre respondent No.3 rel usr c register the same and asssigned the su .lj,:{ri document as P.No.32(i c,f ll() l, the same was communicated to the pet tlon(lr aitle relusal order No.21 of 2r.)14 dated 06.09.20L4, stating the followin5;:_ " t\:;.1t.,t ttcitale of the document, the Schedule of propcrtg c_c.tttrritit :, agriculture property situated at ilomnnkai 1,, ing,. .\s per Section 6 o7 ifn act, tle pattn-dar p:rcs bock: r.,i r. Title Deed.need"to_be producetl [t" ile tn,r, o1 rcglslt t_t tn. The pafiied didn,t produce the ppB anc, ..D Book_; li rcgistration, which is'eoident in CArc Cirn.,fo, Lt rn f ,'v4,t.N o.G1/'U480/96 dated 08.05.2072..

4. Clrallrrrs rg the refusal order dated 06.09.2074, p cti tioners filed before Ap1.rezr. ,io.11 of 20-14 and, respondent No.2 r,lrl: or.cler dated 04.02.2075 cli;rtr . rc,cl the appeal, relevant portion is extractcd Irt rreunder:_ "Tit,t ('t.t:issioner and Inspector General (R€;S), Ltydet nbnrl throtrqh t,kno.No.G1/17480/g6, aot"a' a.i.iolz iol,iLe l:i,"9,,,!_- to tight the prooision contained untle) Satiot. 6 (l) L.tf \1, t.',tghts in lantl and pattedar pass btook Act riir,tcttd the l?e.yi ;t t.ut g nuthorities insist for pro,du"iion- oi pn utn, pass b,n)it ,tttd title deeds bet'ore admission of lt)cun erts Regish atit r , ln ll.,e tll isnte ,t,t:1 to R egi:;Lrr. Hente th': .oi the aboae circumstnnces, I and not inclintti lo ' rection to the Resporulent to admit the docur,l,.rtt ')1r. i ,ce al is dismissed.,, _to

5. Thereafte,r the petitioners under Section 5(B) of Ap RigJrt,; in Land & Pattadar Pass Ilc:,l<s Act 1977, filed Appeal bearing No.Dr,174.,i/200g and ,t 3 the Revenue Divisional Officer at Karimnagar zsidt order dated 07.O7.2012, passed following order:- "In aiew of the fncts, circumstances of the case, the appeal is allowed aru1 the Tahsildar, Kaimnagar is directed to tttke action as follouts: (i) The name of the respondent should be deleted in possession column of pahanies from tht year 1979-80 to till date in respect of the land in Sy.No.102/A measuring 2-05 Acres situated at Bommakal Village of Knimnagar MandaL (ii) The name of the respondent shauld be deleted in patta column of pahanies from the year 1998-99 to till date in respect of Sy.No.102/A measuring 2-05 Acres situated at Bommakal aillage. (iii) Tfu name of the appellnnt should be entered in pahanies in possession column from tlrc year 1979-80 to 2008-2009 i.e., Upto the date of fling this appeal. Regarding sanction of Virasath/Mutation the awellant should apply before the Tahsildar, Karimnagar afresh t'or consideration, on the basis of the aboae orders and the appeal is allotaed €t disposed accordingly'"

6. Today when the matter has been taken up for hearing, learned counsel for the petitioners submits that in pursuance to the order dated 07 .07 .20t2 passed in Appeal No.D/ 1745 /2008, the petitioners would take appropriate steps to get their names mutated in revenue records and obtain pattedar pass book in respect of the subject proPerty and proceed.

7. Learned counsel for the petitioners further pray this Court to direct the respondent authorities to receive, register and release the document sought to be submitted by the petitioners in respect ol the subject proPerty. \ \

8. Learned Assistant Government Pleader for Stamps and Registration submits that if the petitioners by enclosing all the relevant documents stated in the refusa1 order dated 06.09.2014, submits the document belore 4 the responder I authorities, the same would be consider,:cr ar rd appropriate orders i,r,-or rLl rr:, passed in accordance with law. 9 Recc,rcl -.ll the above submissions and without expressing any opuron ,tn n , :ts of the case, this writ petition is dispo:;c.c of, granting liberty t,-r r.:r:rit r:rers for obtaining pattedar pass book and ger; their names mutated ir r., , .enuc recorcls in respect of the subject p roperty and thereafter' th: r"'titioners by enclosing all the relevant d,rcunrents and by complying the rr:rjections raised in the refusal order daterl 116.09.2074, may submit thr: sut,t ::t docum.nt to the Registering Authority r^.hr. shall either register/rr:l-r sc, le same as per the provisions of Indian {t,gir.rtr.ation Act, 1908, and [;r1i,r I Stamps Act,7g99, by duly assigning reas( ]ls in terms of Section 7l cf t r : Act, 190g and communicate the said decision to the petitioners

10. With tlrc ,rbove rjireciions this writ petition 1i cli,;posed of Miscellane,our; r1 1 lications, if any pending, shall stand clost:cl, I,Io order as to costs. //TRUE COPY// _- ,a-- - A SD/- A. SRINIVASA REDDY lStSTAr.tT REGTSTRAR ) \ , sEcroN oFFrcER T To I 2 J 4 E 6 PSK. GJP Ilg ]i"gli,, l, ;,)cretary Revenug_(Stamps anO Reln ; Dep,rrt.nent, secretanat. 'l ,lerabad, State of Telanoana_ \f The Distr-ic. l, ,tistrar, Revenue, Stamp-s and Reg-istratior. t(a .imnagar District. lhe J^op! S e b F.legistrar - l, R.O. Karimnaqar District. UNE U(. tO S F AARIFA IIVRAN KHAN, AdVOCAtE IOPUC Two CCs kr G r FoR REVENUE, High Couri6;inJbLte of Tetangana, at Hyderabad f t' .tT1 TwoCDCcpie. \ +r- HIGH COUR" DATED:06101 t2025 ORDER WP.No.15152 of 2017 /, l t .) J o 't -a-=:'-= irnr s;r tt1 9\ ? i I'tiy |[Z[ o l ) * \\-:::= rto tst^ rc' DISPOSING CIF THE WRIT PETITION WITHOUT C(f STS 1- { 2.