Matam Tiru Vengala Chary v. The State of Telangana

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 or direction more particularly one in the nature of Writ of Mandamus in declaring the action of Respondent no. 4 directing the Respondent no.4 to in refusing to receive, register and release the Sale deed presented by the Petitioner in respect of the property of the Plot bearing no. 1 191 , admeasuring 100.0 sq yards or 83.6 sq.mtrs in Sy.No.348 to 351, 352lPar1,357lPar1 and 358/Part situated al Asbestos Hills Colony, Jagadgirigutta, Kukatpally Village and Kukatpally lvlandal, under GHMC Kukatpally Circle, Medchat-Malkaigiri District as illegal, arbitrary, unconstitutional and contrary to the provisions of Registration Act 1908 and consequently direct the Respondent no.4 to receive, register and release the Sale Deed presented by the Petitioner in respect of the above said property. (Prayer amended by deleting the words from "and also contrary.... Dated 23- 08-2021" as per Court order dt: 1811212024 in IA.No.1/2024) lA NO: 1 OF 2023 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 direct the Respondent no.4 to receive, register and release the Sale Deed presented by the Petitioner in respect of the above said Plot No. no. '1 lgl,admeasuring 100.0 sq yards or 83.6 sq.mtrs, in Sy.No.348 to 351, 352lPart, 357lPart and 358/Part, situated at Asbestos Hills Colony, Jagadgirigutta, Kukatpally Village and Kukatpally Mandal, under GHMC Kukatpally Circle, Medchal-Malkajgiri District, without reference to the Memo No .G2125712019 dated 29-12-2020. pending disposal of the WP. Counsel for the Petitioner: SRI A.SAMIR KUMAR REDDY Counsel for the Respondents: GP FOR STAMPS AND REGISTRATION The Court made the following: ORDER THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.298 750F 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' Learned counsel for the petitioner submits that 2. the issue involved in this writ petition is squarely covered by the order passed by this Court in W'P'No'33O3 of 2025dated06.02.2025andrequestecltopasssimilar order in this writ Petition' Learned Government Pleader for Stamps and 3. Registration has not disputed the submission made by thelearnedcounselforthepetitionerwithregardtothe disposal of the W.P'No'3303 of 2025 d'ated 06'02'2025 and requested' to pass appropriate orders' / 2

4. In view of the order passed in W.p.No.33O3 of 2025 dated 06.02.2025 and for the reasons mentioned therein, this writ petition is disposed of, setting aside the refusal order No.66 312023 ol p.lS4l2O23lRefusal Order No.27 123, dated 12. 1O.2O23. 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 CircuTar Memo No.G2l257 /2019, d,ated, 26.08.2020 and subsequent Memo dated 29. 12.2O2O and strictly in accordalce with law, as expeditiously as possible, preferably, within a period of two (2) weeks, subject to the petitioner with the provisions of the Indian Registration acomplying alt, 1SOS, and Indian Stamps Act, 1g99. It is also open 3 to the Registering Authority to refuse to register the subject document, by specihcally assigning the reasons in terms of Section 71 of the Act, 1908 and communicate the said decision to the petitioner. 5 It is made clear that mere registration of the document does not confer title on the subject property and it is also made clear that this order would not have any bearing on a,11 those matters where title/rights of the parties a_re pending before the authorities either in 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

6. Accordingly, the Writ Petition is disposed of. No order as to costs. 7 Registry is directed to annex copy of the order in W.P.No.33O3 of 2025 dated 06.02.2025 along with this order. 4

8. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed SD/-A. SRINIVASA REDDY STANT REGISTRAR SECTION OFFICER l //TRUE COPY// To 1

5. 6.

7. PSK. BS rtment, Secretariat, The Principal Secreta ry, Stamps and Registration Hyderabad, State of Tel angana The Commissioner and lnspector General Registrations and Stamps, Telangana State, H yderabad The District Registrar , Stamps and Registration Department, Medchal_ Malkajgiri District The.Sub-Registrar, Stamps and Registrations Department, Kukatpally, Medchal-Malkaioiri District 9n" 9g to sRt A.sAMtR K-u_l4AE EEpDy, Advocate [opuc] ly9 cQlto Gp FoR SrAMps eNo netr5iiriijb'irrlliistbourt for rhe 9tate^oI T-etangana, at HyderabaO.lOUn - Two CD Copies (Along with a copy of the order dated 06.02.202s in wp.No.3303 of 202s1 ry- HIGH COURT DATED:2210412025 ORDER WP.No.29875 of 2023 -r rlE S'.r e o L) 0 5 t{AY 2[6 t D6:s DISPOSING OF THE WRIT PETITION WITHOUT COSTS Yt \q THE HONOT'RABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.33O3 of 2025 ORDER: This writ petition has been filed seeking the following prayer: -to issue order wit or direction more partictlarly one in the nature of WRIT OF MANDAMUS declaing the action of the Respondent No 3 in refusing to register the document No P195/2024 in respect of all that of house beaing No 44249 in Ptot No 49 situated at Sg No 348 to 351 352/part and 358/part admeasuing 142 84 Sq Yds or 119 42 SqMtrs situated a, Asbestos Hills Colong Jagadigiigrutta Kukatpattg uillage under GHMC Circte Limits Kukatpolly Mandal Medchal Malkajgiri nstict Tetangana state as communicated uide letter No 37/ SRO/ Kukotpatlg/ 2025 dt 08 01 2O25 as illegal arbitrary ond uiolatiue of fundamentat ights under Arttcle 14 and 21 and 300A oJ the Constitution of India and consequently direct the Respondent No 3 to receiue re@ster and. release the said document submitted bA the Petitioners h.erein"

2. The brief facts of the case are that the petitioner No.l is being represented by its Secretary, E. Mallikarjun Yadav and petitioner No.2 is the original allottee of plot No.49 admeasuring 142.84 square yards or llg.42 square meters. The said plot was developed in a private layout vide Plan No.67O4 /MP.2/HUDA/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 and ailocate house plots to its members for construction of residential houses. The said HIL acquired Ac.52.00 acres of land in Sy.Nos.348, 349, 350, 351 (Part), 352 (Part) and 358 (Part) at Kukatpally for Rs.10,40,000/- with sole aim of providing house to its workers. Thereafter, the said Asbestos Cement Workers Co-operative Housing Society Limited made a representation to the government on

25.01.1982 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 aled issued order vide Memo No.337 /UC.Ill82-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 society members. The government vide G.O.Ms.No.923 dated 01.08.1986 issued an order of allotting 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 J 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 land 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 Industries 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 construction 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 shall not alienate the houses so constructed to any other person for a period of ten years from the completion of construction of houses

5. That the Hyderabad Industries/ allottee workers may however mortgage the land/plots without possession to any financial other institutions 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 Government 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. Mallika{un, S/o E. Maisaiah by taking reference to G.O.Ms.No.91 d'ated 27.07.1982. The said letter 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 arld Mr' E. Mallikarjun, 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 under: '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 and do the needfut like registering the plots allotted to the eligible workers as per G.O.No.923 dated 01.08.1986 in Sy.Nos.348 to 351,352 (p), 357 (p) arrd 358 (p) situated at Kukatpalli, Hyderabad. They are empowered to issue a-llotment letters to the a-llotted workers or to their legal heirs, members of the society who are employees of Hyderabad Industries Ltd. And Third party registrations If the a-llottey Employee is no more alive and they are also authorized to execute sale deeds, etc. on beha_lf of the Hyderabad industries Ltd. Employees Mutually aided Co-operative Housing society Ltd."

5. Leamed 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 22.01.1990 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.II.2024 the petitioner presented the allotment letter dated

22.01.1990 after paying challan for an amount of Rs.3,22,8OO/- for registration before the Sub-Registrar, Kukatpally in respect of the subject property. Thereafter, the Sub-Registrar, Kukatpally, Medchal- Malkagiri District received arrd kept the document pending by allotting No.Pl95l2O24 and issued a refusal letter bearing No.37lSRO/Kukatpally/2025 dated O8.01.2025. 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 of the Registration Act, the executants have no right/power to execute the document from Asbestos Colony, Hyderabad Industries Limited. Challenging the same, the present writ petition is Iiled.

7. The learned counsel for the petitioner has drawn attention of this Court to clause 5 (a) of the G'O.No'923 dated 01.08.1986, which reads as under: "5 (4). That the Hyderabad Industries Ltd/allottee workers shall not a-lienate 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 22.01.1990, the petitioner/ex-worker of HIL now seeks registration of the said property' Further, the leamed counsel for the petitioner has drawn attention of this Court to the Memo dated 05.O2.2O25 wherein a copy of the similarly registered letter of allotment bearing document No'8233 of 2025 dated 01.O8.2024 registered before the Sub-Registrar, Kukatpally, was filed. 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.01 of 2025 dated O8.O7.2025 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 shail pass orders by following the circular instructions issued by the Commissioner and Inspector General of Registration and Stamps, Telangana, Hyderabad uide Circular Memo No.G3 19122/2024, d,ated

12.Oa.2O24 and strictly in accordance 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, 19O8, and Indian Stamps Act, 1899. It is also open to the Registering Authority to refuse to register the subject document, b1z specifically assigning the reasons in terms of Section 71 of the Act, 19Og and communicate the said decision to the petitioner.

10. It is made clear that mere registration of the document does not confer title on the subject property and 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 l 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 stand closed. Date:O6.O2.2o25 VRNS*/LSK JUSTICE N.V.SHRAVAN KUMAR