The High Court · 2025

THE HONOURABLE SRI JUSTICE K.SARATH WRIT PE-TITION No.29362 of 2025 ORDER: Heard learned Counsel for the petitioner and Smt. S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents and perused the material on record. With their consent, this r,vrit petition is disposed of at the stagc of admission itself.

2. Learned Counsel for the petitioner submits that this writ petition is filed seeking setting aside of the Intimation of Refusal No.1612019, dated 07.ll.2Ol9 on the file of the respondent No.3 and the Memo No.437 12025, dated O2.O9.2025 issued by the respondent No.3 and requested to direct the respondent No.3 to forthwith register and release the document No.P48/20 18 in respect of lanci to an extent ol 100 square yards bearing Plot No.324lA (South) forming part of Sy.No. lO3 / 17 , 103/ 18 and 103/ 19 of Ward No. 18, Block No.13, situated at Bandlaguda Khalsa Village and Mandal, Mylardevpally, Hydciabad District. I .) sr(, J W.P.No.29362 of 2025 3 Learned Counsel for the petitioner lurther submits that in connected matter, this Court disposed of the writ petition in W.P.No.322l of 2025 on 24.04.2025 directing the respondent authorities to reconsider t-he document No.P.55 of 2018 submitted by the petitioner thercin and register and register the same without relerencc to the order passed by the respondent No.2-Distri<:t Registrar in Procgs.No.Appeals / 77 5a / 2024, 17.12.2024 zrnd Intirnation of Refusa,l order passed by the responrlent No.3-Sub Registrar LN No.22l2Ol9, dated 07.11.2019. The suit schedule property in the instant case ald the schedule property in W.P.No.3221 of 2025 are situated in the same survey number and requested to direct the respondents to register tlre document presented by the pet.itioner liled in the year, 2019 without reference to the Refusal Order No.16/20 19, dated 07.ll.2Ol9 ald the Memo No.43712025, dated O2.O9.2025 issued by the respondent No.3 in view of the order passed by this Court in W.P.No.322 I of 2025 and requested to pass similar order in this writ pretition also. -;--- ---7 I sr, J W.P.No.29362 of 2025 4 On the other hand, the le arned Assistant Government Pleader for Stamps and Registration is not disputing the submission made by the learned Counsel for the petitioner with regard to the disposal of W.P.No.322l of 2025 dated 24.O4.2025. 5 In view of the above made submissions by both sides and for the reasons alike in the order in W.P.No.322 1 of 2025 dated 24.O4.2025, this writ petition is disposed of by directing the respondent authorities to reconsider the document No.P.48 of 2Ol8 submitted by the petitioner and rcgister and register the same without reference to the Intimation of Refusal order passed by the respondent No.3- Sub Registrar in No.16 l2ol9, dated 07.11.2019 and the Memo No.43712O25, dated 02.09.2025 issued by the respondent No.3, subject to the petitioner complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899, shall pass appropriate orders, as expeditiously as possible, preferably within a period of two 4 .1 sr(,./ ll/. P. lr'<t. 2 9 3 62 oJ 2 O 2 s (02) rveeks from the date of receipt of copy of this order anil' communiciLte the said decision to the petil-ioner. There shall be no order as to costs. 6 Registry is directed to annex copy of the order in W.P.No.322 1 of 2O2S dated, 24.04.2025 aiong u,ith this

7. Miscellaneous Petitions, if any, pending in this r,n,rit petition shzrll stand closed SD/. G. JYOTHI SISTANT REGISTRAR /iTRUE COPY// \ CTION OFFICER To,

1. The Principal Secretary, Department of Revenue (Regiskation and Stamps) at Secretariat, T.S.,Hyderabad

2. The District Registrar, Hyderabad (South)(FAC) 3. The Sub Registrar, Azampura, at Moosarambagh, Hyderabad. 4. The Tahsildar, Bandlaguda Mandal, Hyderabad District 5. One CC to SRI K RAGHUVEER REDDY, Advocate [OPUC] 6. Two CCs to GP FOR STAMPS AND REGISTRATION ,Hig,h Court for the 7. Two CD Copies State of Telangana at Hyderabad [OUT] BM (Along with a annex copy of the order in W.P. No. 3221 ot 2025 , dated 24.04.2025) j'> t 1 l I I HIGH COURT DATED:2510912025 :'' ORDER WP.No.29362 of 2025 YoR TI.E S T4 iJ '.'.4.. 1 7 0[T 2025 :t> -/ ., )Cti DISPOSING OF THE WRIT PETITION WITHOL,T COSTS D 1 \4 \l- 7( THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITTON No-322L of 2A25 ORDER: Heard learned counsel for the petitioner ald learned Government Pleader for Stamps and Registration for the respondents and perused the entire rnaterial on record.

2. Learned counsel for thc petitioner submits that the petitioner hled the present writ petition to declare the order passed by the :-espondcnt No.2-District Registrar 1n Procgs.No.Appeals I 77 58 I 2024, dated

17.L2.2024 and Intimation of Refusa-l order passed Lry the responderft No.3/ Sub-Registrar 1n No.22l2Ol9, dated O7.LL.2O|9 as illegal and arbitrary and consequently direct the respondent No.3 to register and release the document No.P.55/ 20 18 filed by the petitioner in rcspect of the land to al extent of 291 Sq.Yards bearing Plot No.19-D in Sy.No-lO3/17, i03/18 and 1O3/19, Ward No. 18, Block No. 13 situated at Bandlaguda Khalsa, Mailardevpally Village, Ralga Reddy District. 2 SK, J wP-322t 2025

3. I-earned counsei for the petitioner further submits that the impugned refusal order dated 07.11.2019 was passed basing on thc Common Judgment passed by this Court in CMA.Nos.23l, 237, 249,253,63O and 672 of 2O18 dated 02.08.2018 as well as letter addressed by the respondent No.4-Tahsildar in Lr.No.B/ 12OO/1999 dated L7.O8.2017 u4rerein it is stated that W.A.No. 1378 of 2072 is pencling against the suit scheduic property eind registration of the said properfy is against the o-.'ders passed bv this Court in W.P.No.2O845 of 2OO9 dated 06.O7.2012. 'lhereafter, the said appeal W.A.No.1378 of 2O12 {lled by the official responderlts was dismissed by the Division Bench of this Court on 04.06.2024.

4. Lear:ned counsel for the petitioner further submits that after passing of ttre impugned refusal order, t]-e X]-Additional Chief Judge, City rlivil Court, Hyderabacl, passed orders in O.S.No.751 of 2Ol'/ on

15.12.2021, which is filed for specific performance of agreement of sale deed dated 28.O2.2OO4 in lavour of thc ---.7 3 SK, J wP_322t 2025 plaintiffs' therein and the sarne was dismissed on

15.12.2421. In view o[ disposal of the W.A.No.1378 of 2Ol2 and O.S.No.751 of 2017, the petitioner has approached the respondent No.2-District Registrar by filing an appeal in Procgs.No.Appeals/775a12024 against the impugned refusal order dated O7.lL.2Ol9 and the sarnc was dismissed on L7.12.2O24 by the respondent No.2, wherein it is stated that they have no jurisdiction to entcrtain the appeal aftcr thirty (3O) days as per- Section 77(ll of the Registration Aci, 1908. Aggrieved by the same, the petitioner filed the present writ petition and requested to direct the respondent authorities to reconsider the document No.P.55/ 2O18 submitted by the petitioner in view of disposal of W.A.No. 1378 of 2Ol2 and O.S.No.751 of 2017.

5. Learned Assistalt Government Pleader has not disputed the submission made by the learned Counsel for the petitioner about the disposal of W.A.No- 137a of 2Ol2 and O.S.No.751 of 2Ol7 and requested to pass appropriate orders. 4 SK, J wP -322t _2025

6. In view of the above submissions :rade by the both sides and on perusing the entire materLal on record, this Court is of the considered view that letter in Lr.No.B/ L2OO11999, dated 11.O8.2O17 isstred by the respondent No.4-Tahsildar shows that the W.A.No. 1378 of 2Ol2 is pcnding before this Court, v.,[rich is {iled against the order passed in the W.P.No.2,-t845 of 2O09 dated 06.07.2012 tor the suit scheciuie proi-,erty. in iacL, the said W.A.No. 1378 of 2OL2 was disnrissed by the Division Bench of this Court on 04.06.2021 Thereafter, the Competent Civil Court has dismissed ttrc O.S.No.75 1 of 2Ol7 on 15.12.2021 and CMA.Nos.23- ot 2018 and batch dated 02.08.2018, which q,ere fi1ed agirinst the I.A. in O.S.No.751 of 2017. In view :rf the above circumstances, the petitioner has filed an appeal against the intimation of refusal order dated 07.11.2019 before the Com petent Auttrorit5i.

7. The respondent No.2 without taking into account of the disposal of W.A.Na.l37a of 2OL2 ancl O.S.No .TSL of 2017, re,lected the appeal filed by the petitioner on the 5 SK, J wP 322t 2V)5 ground that they have no junsdiction to entertain tJ.e said appeal after thirty (30) days as per Section 77{L) of the Registration Act, 1908.

8. It clearly shows that initially basing on th'e pendency of the W.A.No. 1378 of 2Ol2 and orders passed in CMA.Nos.23I, 237, 249, 253,63O and 672 of 2O18 on

02.O8.2018, the respondent No.3 passed impugned order on 07. LL.2OI9 and refused to receive the document submitted by the petitioner.

9. In view of the above changed circumstances, the respondent authorities have to receive, registcr and reiease the document No.P.55/ 2O18 submitted by the ( ( petitioner without reference to the carlier refusal order dated O7. I I .2019 , if it is otherwise in order.

10. In view of the above findings, the writ petition is disposed of directing the respondent authorities to reconsider the document No.P.55/ 20 18 submitted by the petitioner and register and release the sarne without reference to the order passed by the respondent No.2- District Registrar 1n Procgs.No-AppeaJs /7758 / 2024, 6 SK, J wP 322 t_2025 \ dated 17.I2-2O24 and Intimation of Refusa.l order passed. by the respondent No.3/Sub_Registrar tn N<.t.22/ 2}lg, dated O7.I1.2OI7 and communicate the sarne to the petitioner within four (O4) weeks from.the date of receipt of copy of this ord.er, subject to the petitioncr complying with the provisions of the Registration Act, 19Og as weli as the Indian stamp Act, 1g99. There shar be no order as to costs. 11 Miscellaneous petitions, if any pending in this wnt petition, shall stand closed. \ To, //TRUE COPY/i SDI. P. PONNA KRISHNA ASSISTANT REGISTRAR i SECTION OFFICER

1. The Principal Secretary, Department of Revenue (Reg stration and Stamps), State of Telangana, at Secretariat, Hyderabad 2. The District Registrar, Hyderabad (South) (FAC) 3. The Sub Registrar, Azampura, At Moosarambagh, Hvderabad 4. The Tahsildar, Bandlaguda Mandal, Hyderaabad District 5. One CC to SRl. K RAGHUVEER REDDY Advocate [OPUC] 6. Two CCs to GP FOR STAMPS AND REGISTRATION ,High Court forthe State,of Telangana. [OUT]

7. Two CCs to GP FOR REVENUE High Court for the State of Telangana, at Hyderabad [OUT]'

8. Two CD Copies DD