The High Court · 2025

Counsel for the Petitioner: SRI K RAGHUVEER REDDY Counsel for the Respondents: SMT. S. SRAVANTHI, AGP FOR STAMPS AND REGISTRATION The Court made the following: ORDER 7 THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.29365 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 u'rit petition is disposed of at the stage of admission itself.

2. Learned Counsel for the petitioner submits that this writ petition is filed seeking setting aside of the Intimation of Relusal No.2O/2019, ciated 07.ll.2O 19 on the file of the respondent No.3 and the Memo No.44O 12025, dated

02.O9.2025 issued by the respondent No.3 and requested to direct the respondent No.3 to forthwith register and release thc document No.P53/2018 in respect of land to an extent ol 125 square yards bearing Plot No.475/A (North) forming part of Sy.No. IO3l17, 103/ 18 and 103/ 19 of Ward No.18, Block No. 13, situated at Bandlaguda Khalsa Village and Mandal, Mylardevpa,lly, Hyderabad District. 2 W.P.No.29365 of 2O25 ' SK, J 3 L<:arned Counsel for the petitioner lurther submits that in connccted matter, this Court disposed of the writ petition irr W.P.No.322l of 2025 on 24.O4 2025 directing the responclent authorities to reconsider the document No.P.55 ol 2018 submitted by the petitiorrer thcrein and register and register the same w'ithout rt:ference to the order pas:rerL by the respondent No.2-District Registrar in Procgs. No.,A. ;tpeals / 7 7 58 / 2024, 17 . 12.2024 :rnd Intimation of Refusal order passed by the respontlent No.3-Sub Registrar LN No.22l2Ol9, dated 07.ll.2O19. The suit schedule property in the instant case anci the schedule property in W.P.No.3221 of 2025 are situate:d in the same survey number and requested to direct the r-espondents to register the document presented by the petitioner filed in the year, 2019 without reference to the Refusa1 Order No.2O 12019, dated 07 .ll.2OI9 and No.44Ol2O25. dated O2.O9.2O25 issued by the respondent the Memo No.3 in view of the order passed by ttris Court in W.P.No.322 I of 2025 and requested to pass s:lmilar order in this writ pet ition also. I I I I 3 SI(, J W.P.No.29365 of 2O25 4 On the other hald, the learned 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 lor the reasons a,like in the order in W.P.No.3221 of 2025 dated 24.04.2025, this writ petition is disposed of by directing the respondent authorities to reconsider the document No.P.53 of 2O18 submitted by the petitioner and register and register the same without reference to the Intimation of Refusal order passed by the respondent No.3- Sub Registrar in No.20 l2OI9, dated 07.11.2019 and the Mcmo No.44Ol2O25, dated O2.O9.2O25 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, sha-ll pass appropriate orders, as expeditiousiy as possible, preferably within a period of two (02) weeks lrom the date of receipt of copy of this order and 4 sr, J w.I'.No.29365 oJ' 2O25 I i communicate the said decision to the ptltitioner' There shall be no order as to costs. Registry is directed to anribx copy of the order in 6 W.P.No.322 l of 2025 dated 24.04.2025 along with this order.

7. Miscellaneous Petitions, if any, pending in this writ petition shail stand closed SD/-,l, SRINIVASA REDDY T REGISTRAR ASI; T ,/ ,TRUE COPY// S ION OFFICER To,

1. The Principal Secretary, Department of Revenue (Registration and Stamps) at Secretariat. The State of Telangana, 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 IOPUC] 6. Two CCs to GP FOR STAMPS AND REGISTRATION ,High Court for the State of Telangana. [OUT]

7. Two CD Copies 1/ PVL BS (arurcx coplol'orrlcr in \!'P.,.ill I OF 1025 dt.24.04.2025 along rvith order) .., t. t I I t F HIGH COURT DATED:2510912025 ORDER WP.No.29365 of 2025 rtE Sta o 1 7 0t1 2[25 t t rl . t.- :, .,k Os. trAr DISPOSING OF THE WRIT PETITION I WITHOUT COSTS /2 ,/ ,/9 ,/7 2 THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITIoN No.3221 of 2025 ORDER: Heard iearned counsel for the 'petitioncr and learned Government Pleader for Stamps and Registration for the respondents a:rd perused the entire material on rccorci.

2. Learned counsel for the petitioner submits that the petitioner filed the present writ petition to declare the order passed by the respondent No.2-District Registrar in Procgs.No.Appeals/775812024, dated

17.L2.2O24 and Intimation of Refusal order passed by the respondedt No.3/Sub-Registrar in No.2212O19, dated O7.lL.2Ol9 as illegal and arbitrary and consequently direct the respondent No.3 to register and release the document No.P.55/ 2O18 hled by the petitioner in respect of the lald to an extent of 29L Sq.Yards bearing Plot No.19-D in Sy.No.lo3l17, i03/18 and 103/19, Ward No. 18, Block No.13 situated at Bandlaguda Khalsa, Mailardevpa-lly Village, Ranga Reddy Dis trict. i t 2 SK, J wP.322t 2025

3. I-earned counsel for the petitioncr further submits that the impugned refusal order dated 07 .1 1.2019 was passed basing on the Common Judgmcnt passed by this Court in CM,l..Nos.23l, 237, 249,253,630 and 672 of 2O18 dated 02.08.2018 as well as letter addressed by the respondent No.4-Tahsildar in Lr.No.B/ I2OO / 1999 dated I 1.08.20 17 uirerein it is stated that W.A.No. 1378 of 2Ol2 is pending against the suit schedulc propcrty and registration of the said property is against the oi'ders passed by this Court in W.P.No.2O845 of 2OO9 dated 06.07.2A12. Thereafter, the said appeal W.A.No.1378 of 2Ol2 lrJed bv the official respondents was dismissed by the Division Bench of this Court on 04.06.2O24.

4. Learned counsel for the petitioner further submits that after passing of the impugned refusal order, the Xl-Additional Chief Judge, City ,Civil Court, Hyderabad, passed orders in O.S.No.751 of 2OlT oo

15.12.2021, vvhich is hled for specific performaace of agreement of sale deed dated 28.O2.2OO4 in favour. of the -----------7 3 SK, J wP_322r 2025 plaintiffs' therein and the sarne was dismissed on

15.12.2021. In view of disposal of the W.A.No.1378 of 2OL2 and O.S.No.75i of 2a17, the petitioner has approached the respondent No.2-District Registrar by filing an appeal in Procgs.No.Appeals/7758/2024 against the impugned refusal order dated A7.Ll.2Ol9 and the sarne was dismissed on 17.L2.2O24 by the respondent No.2, wherein it is stated that they have no jurisdiction to entcrtain the appeal after thirty (3O) days as per Seetion 77(ll of the Registration Act, 1908. Aggrieved by the same, the petitioner fiied 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. L378 of 2OL2 and O.S.No.75l of 2017.

5. Learned Assistant Government Pleader'has not disputed the submission made by the learned Counsel for the petitioner about the disposa-l of W.A.No-I37a of 2Ol2 and O.S.No.7S 1 of 2OLT and requested to pass appropriate orders. i I 4 SK, J w P,322r _2025

6. In view of the above submissions made by the both sides and on perusing the entire material on record, this Court is of the considered. view lhat letter in Lr.No.B/ 12OO11999, dated 11.O8.2O17 isstred by the respondent No.4-Tahsildar shows that thr: W.A.No. 1378 of 2012 is pending before this Court, rt'hich is liled against the order passed in the W.P.No.110845 ol 2009 dated 06.O7 .201,2 for the surt scheciuie property. in i:rcl, the said W.A.No. 1378 of 2012 was disrnissecl by the Division Bench of this Court on 04.06.202.4. Thereafter, tJ.e Competent Civil Court has dismissed ,he O.S.No.75 1 of 2Ol7 on 15.12.2A21 and CMA.Nos.23l of 2018 and batch dated 02.O8.2OL8, which q,ere filed ag:rinst the I.A. in O.S.No.751 of 2017. In view of the above circumsl.ances, the petitioncr has hled al appeal against the intimation of refusal order dated 07..7.2O 19 before the Competent Authority.

7. The respondent No.2 without taking into account of tlre disposal of W.A.No.1378 of 2Ol2 an'j O"S.No .751 of 2017, rejected the appeal filed by the p<:titioner on the 5 SK, J wP 32212025 ground that they have no jurisdiction to entertain ttre sard appeal after thirty (30) days as per Section 77(L) of the Registration Act, 1908.

8. It clearly shows that initially basing on the pendency of the W.A.No.1378 of 2OL2 and orders passed in CMA.Nos.23l, 237, 249, 253,630 and 672 of 2018 on

02.08.2018, the respondent No.3 passed impugned order on O7.lI.2Ol9 and refused to receive the document submitted by the petitioner.

9. In view of the above changed circumstances, the respondent authorities have to receive, register and reiease the document No.P.55/ 2O18 submitted by the ( ( petitioner without reference to the earlier refusa-l order dated 07. Ll.2OL9, if it is otherwise in order.

10. [n view of the above findings, the writ petition is disposed of directing the respondent authorities to reconsider thc document No.P.55/ 2O18 submitted by the petitioner and register and release the same w'ithout reference to the order passed by the respondent No.2- District Registrar 1n Procgs.No.Appeals / 7758 / 2024, 6 SK, J w? 3221 202s \ dated 17. t2.2O24 and Intimation of Refusal order passed by the respondent No.3/Sub-Registrar in No.22 I 2olg, dated 07.L1.2OI9 and communicate the sarne to ttre petitioner within four (O4) weeks from the date of receipt of copy of this ord.er, subject to the petitioncr. complying wit]. the provisions of trre Registration Act, IgoB as werl as the Indian Stamp Act, rg99. There shail be no order as to costs.

11. Miscellaneous petitions, if any pen<ling in this writ petition, shall stand closed. \ To, ,TRUE COPY// SD/. P. PONNA KRISHNA ASSISTANT REGISTRAR I SECTION OFFICER

1. The Principal Secretary, Department of Revenue (Regislration and Stamps), State of Telangana, at Secretariat, Hyderabad 2. The District Registrar, Hyderabad (South) (FAC) 3. The Sub Ralgistrar, Azampura, At Moosarambagh, Hyderabad 4. The Tahsildar, Bandlaguda Mandal, Hyderaabad District 5. One CC to SRl. K RAGHUVEER REDDY Advocate iOPUCI 6. Two CCs to GP FOR STAMPS AND REGISTRATION ,High Court for the State -o[ Telangana. [OUTI

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

8. Two CD Copies DD I