High Court · 2025

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 writ of Mandamus, declaring the action of the 5th respondent in issuing impugned intimalion proceedings No.314/550/2024 daled. 24t1gt2o24 wherein the 5th respondent refused to register the open land admeasuring 250 Sq. Yards, PIot No.67 (North Part), Sy.No.200, Sreepuram Colony, Sahebnagar Kalan Village, Hayathnagar Mandal, Ranga Reddy District as illegal, arbitrary and violation of L I Principles of Naturar Justice and arso viorative of Articres 21 and 300-4 of the constitution of rndia and consequenfly direct the 5th respondent to Register and release the Sare Deed in favour of the 1"t petitioner pertaining to open iand admeasuring 250 Sq yards, plot No.67(North part), Sy.No.200, Sreepuram colony, sahebnagar Karan virage, Hayathnagar Mandar, Ranga Reddy District. lA NO: 1 oF 2024 Petition under Sedion i 51 CpC praying that in the circumstances stated in the affidavit fired in fupport of the petition, the High court may be preased to direct the Sth respondenr to Register and rerease the Sare Deed in favour of the 1st petitioner pertaining lo open rand admeasuring 250 sq. yards, prot No.67(North Part), Sy.No.200, Sreepuram Colony, Sahebnagar Kalan Village, Hayathnagar Mandal, Ranga Reddy District, pending disposal of writ petition, Counsel for the Petitioner: SRI KRISHNA KISHORE KOWURI Counsel for the Respondents: Gp FOR STAMPS AND REGISTRATION The Court made the following: ORDER r - TTIE HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR WRIT PETITION No.29459 of2024' ORDER: Heard learned counsel for the petitioner and learned Assistant Government Pleader for Stamps and Registration appearing for the respondent Nos' 1 to 5' Wit6 their consent' this writ petition is disposed of at the stage of admission itself'

2. This writ petition is filed seeking the following prayer: "to declare the action af the Sth Respondent in passing the impugned intimation^ ^ -proceedinqs 'No.3li/ 550/ 2024 dated' 24'09'2024 uherein 'r."ii"a""t No.S refused to register the ad-ieasuing 250 sq.yds', plot No'67. (North part)' - Sreepurai Colony, Sahebnagar Kalan Sy.No.2\O, iitlog", Hagathnigar Mandal, Ranga Reddg Distict' as illegil'and"arbitrary and uiolation of the pinciptes of """iir"t justice ind consequentlg direct the 51h to receiue, register and release the Sale {.iiiial"t 'olii i" fauour of petitioier in respect of aboue said -open propertg."

3.Learnedcounselforthepetitionersubmitsthatoriginally the land to an. extent of 5oo sq.yds., plot No.67 (North part), Sy.No.200, Sreepuram Colony, Sahebnagar Kalan Village' Hayathnagar Mandal, Ranga Reddy District was acquired by the petitioner No.2 who is father of petitioner No' 1 from B'Mallesham and K.Pandu by way of Registered agreement of sale cum GPA with poscGion uide Doc'No'308/2007 dated 25'|O'2OO7 ' , I'*- Petitioner No.2 intended to execute registered sale deed in favour of petitioner No. I for the land admeasuring 25O sq.yds., plot No.67 (North part), Sy.No.2OO, Sreepuram Colony, Sahebnagar Kalan Village, Hayathnagar Mandal, Ranga Reddy District. Accordingly, petitioner No.2 O5.O9.2O24, after payment executed draft sale. deed dated of stamp duty and approached respondent authorities with the subject document. However, the Registering Authorities uid.e intimation letter bearing No.31al550/2024 dated 24.Og.2024 refused to register the subject document stating that the subject property rs included in the prohibited properties as per the list furnished by the District Collector, Ranga Reddy District uid.e Lr.No.JC_I/peshi/Sp.I /2OOg dated 20.O2.2OO9

4. Learned counsel for the petitioner submitted that the subject property is not uploaded in the IGRS website and further pray this court to direct the respondent authorities to register and release the subject document in a time bound period.

5. Learned Assistant Government pleader for Stamps and Registration did not dispute the same.

6. At this stage, it is relevant to refer to the Judgment of the - Division Bench of this Court passed in W.A.No.7OT of 2OO2 dated 21 .O7 .2OO4, the relevant paragraph of the order is extracted hereunder:- "The memo issued by the Inspector General of Registration and Stamps as uell as the.memo issued by the Mandal Reuenue Offtcer directing the Sub-Registrar not to register the documents is uoid and inoperatiue. The Sub-Registrar relAing upon the said memos cannot refuse to receiue the docaments presented for registration. The Sub-Registrar is bound to receiue the documents and scrutinise the same qnd accordinglg register the documents prouided there are no other legal impediments for registration of the documents. The Sub-Registrar cannot refuse to register the document on the basis of the memos issued bg the Mandal Reuenue Olficer and the Inspector General of Registration and Stamps."

7. It is also relevant to refer to the Common Judgment dated

19.10.2023 passed in Writ Petition Nos.283O0 of 2OO7 and batch, wherein the Hon'ble Division Bench had referred to the Full Bench directions passed by this Court in Vinjamuri Rajagopala Chary vs. Revenue Departmentt, "156. We, thus, summarize our conclusions and issue directions as follotus : - (iu) The authorities fonaarding the lists of properties/ lands to the registeing authoity shall also upload the same to ttw tuebsite of both the Couernments, namelg igrs.ap.gou.tn of the State of Andhra Pradesh and, registration.telangana.gou.in of the State of | 2016 (2) ALD 236 (FB) : 2015 SCC Online Hyd 407 - i I I reta nsantr I f tY::^ *-;;Y',:;#L*r,l!" J",li"'ui; State Gouernment-s : concerned. maA oe og issuing a press note or aduertisement in promtient dailg neus papers'" 8, In the case on hand, in the intimation of refusal letter d,ated, 24.09 2024, ttre Sub-Registrar' VanasthaliPuram, has taken reference to the letter of District Collector' Ranga Reddy District dated20'022009 wherein the subject property is placed under prohibitory list under Section 22(AXlxb) of the Registratiorr Act' 1908 and for the said reason' the document was kept pending' It is also pertinent note that the respondent authorities neither had followed the aforesaid guidelines nor uploaded the subject property in the IGRS website; but are simply refusing to register the subject document'

9. l,ezrmed Assistant Government Pleader appearlng on behalf of the resPondents has not disPuted the same'

10. ln view of the above' the letter of the District Collector dated 2O.O2'2OO| cannot be the basis for denying the registration and this Court deems it fit to set aside the refusal order dated 24'Og'2O24' As such refusal order dated 24992024 is hereby set aside and this writ petition is disposed of directing the Registering Authority to register and release the subject 7 document dated 05.O9.2024, subject to the petitioner complying with the provisions of the Indian Registration Act' 1908' and Indian Stamps Act, 1899, as expeditiously as possible' preferably within a period of three (03) weeks from the date of receipt of copy of this order. It is also open to the Registering Authority to refuse/receive 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 petitioner'

11. 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 revision / appeals for adjudication and in any othercasethisorderalsodoesnotprecludethepartiesin asserting their rights before a competent Court of law'

12. Accordingly, this writ petition is disposed of' Miscellaneous applications, if any pending, shall stand closed' No order as to costs. //TRUE COPY// SD/. L. LAKSHMI BABU AS ISTANT REGISTRAR SECTION OFFICER 1 { To, 1 The PrincipalrSecreJqry, Revenue (Stamps and Secretariat. State of Telangana, Hyderabad. istration) Department, .'Gnl-J'' i I q\-- ,t' , , rlull!rl!.Et?E!i* ! i,. I I -7 The Commissioner and lnspector General, Stamps and Registration Department, Hyderabad. The'District Coltector, Ranga Reddy District. The District Registrar, Stamps and Registration Department' Ranga Reddy District. The Sub Reqistrar, S.R.O.Vanasthalipuram, Ranga Reddy District' One CC to Sri Krishna Kishore Kowuri, Advocate [OPUC] Two CCs to GP for Stamps And Registration, High Court for the State of Telangana, at Hyderabad [OUT] Two CD Copies \

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4. q b. 7. o. TJ GJP c,nP HIGH COURT DATED:2810112025 \ ORDER WP.No.29459 of 2024 , j ( q f, 'J itrr. Sl'r1 02 JUN 2025 a II OFspat DISPOSING OF THE WRIT PETITION WITHOUT COSTS o'l.'Y*