The 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 of Mandamus or any other appropriate Writ or Writs, Order or Direction, declaring and setting aside the lntimation of Refusal No. 1Ol2O19 dated 7.11.20'19 on the file of the 3'd Respondent and the Memo No. 43812025 dated 2.9.2025 issued by the 3'd Respondent, as illegal, arbitrary, without jurisdiction and violative of Art. 300-A of Constitution of lndia and to consequently direct the 3rd Respondent to forthwith register and release the document No. P.36/2018 in respect of land to an extent of 200 sq yds bearing Plot No. 409/4forming part of Sy No. 103/17, 103/'18 and 103/19 of Ward No. 18, Block No. 13 situated at Bandlaguda Khalsa Village and Mandal, IMylardevpally, Hyderabad District ; Award costs. lA NO: 1 OF 2025 Petition under Section I51 CPC praying that in the c r. umstances stated in the affidavit filed in support of the petition, the High Cour may be pleased to lnterim directions lo the 3rd Respondent to forthwith register and release the document No. P.3(i/2018 in respect of land to an extent o1 200 sq yds bearing Plot No. 409/ A forrning part of Sy No. I03/1 7, 103/18 and 1C:]/19 of Ward No. 18, Block No.'13 situat,:d at Bandlaguda Khalsa Village and v:ndal.Mylardevpally, Hyderabad District, pending disposal of W P No2-936frof 21.'5. Counsel for the Petitioner : SRI K RAGHUVEER REODY Counsel for the Respondents: SMT. S. SRAVANTHI, AGP l:l)R STAMPS AND REGISTRATION The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH WRIT PETITION No.29367 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 writ petition is disposed of at the stage of admission itself 2, Learned Counsel for the petitioner submits that this writ petition is hled seeking setting aside of the Intimation of Refusal No. 10/2019, dated 07.11.2019 on the file of the respondent No.3 and the Memo No.438 12025, dated

02.O9.2025 issued by the respondent No.3 and requested to direct the respondent No.3 to forthwith register and release the clocument No.P36/20 18 in respect of land to an extent of 2OO square yards bearing Plot No.409/A forming parr of Sy.No.lO3/17, 103/18 and 103/19 of Ward No.18, Block No.13, situated at Bandlaguda Khalsa Village and Mandal, Mylardevpaily, Hyderabad District. 'I SI(, J W.P No.29367 of 2O25 3 Le arned Counsel lor the petitioner' -urther submits that in connected matter, this Court dis1r, sed of the writ petition in W.P.No.3227 of 2025 on 24.Ct,.2025 directing the respor-rdent authorities to reconsider the document No.P.55 o1' 2018 submitted by the petitior er therein and rcgister and register the same without rr:ferer-rce to the order pass,ecl by the respondent No.2-Dis lict Registrar in Procgs.No. Appea\s / 7758 I 2024, 77.12.2O2,+ ancl Intimation of Refusa order passed by the respot. lent No.3-Sub Registrar tn No.22l20 19, dated 07.11.2Q19. The suit schedule l)roperty in the instant case alrl tht: schedule property irr W.P.No.322I of 2025 are 5i[s2qr :d in the same survey nurnber and requested to direct thr: respondents to register th,: document presented by the pe -itioner filed in the year, 2019 without reference to thr' Refusal Order No.10/2019, dated 07.71.2019 anc the Memo No.438 12025, dated O2.O9.2025 issued by he respondent No.3 in view of the order passed by this Court in W.P.No.321l 1 of 2025 axd requested to pass :;imilar order in this writ pe tirion also. s,(,J W.P.No.29367 oJ 2O25 4 On the other hand, the learned Assistant Government Pleader for Stamps and Registration is not disputing the submission made by the learned Counsel lor the petitioner with regard to the disposal of W.P.No.322l of 2025 dated 24.04.2025. 5 In view ol the above made submissions by both sides and for the reasons alike in the order in W.P.No.322 1 ot 2025 dated 24.O4.2025, this writ petition is disposed of by directing the respondent authorities to reconsider the document No.P.36 of 20 18 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.lO/2019, dated 07.71.2019 and the Memo No.43a/2O25, dated O2.O9.2O25 issued by the respondent No.3, subject to the petitioner complying with the provisions of the Indial Registration Act, 1908, and Indian Stamps Act, 1899, shall pass appropriate orders, as expeditiously as possible, preferably within a period of two (02) weeks lrom the date of receipt of copy of this order and 4 SI(, J W.P.No. 29367 ol 2O25 Communicat<:thesaiddecisiontothepeti|rnerThere shall be no ordcr as to costs Regi stry is directed to annex copy o the order in 6. W.P.No.322 1 ot 2025 daLed 24'04'2025 a<:ng with this order.

7. Miscellrneous Petitions, if any, pendinrl in this writ petition shall stand closed' SD/-A. :iRINIVASA REDOY ASSISTANT REGISTRAR //TRUE COPY// \ ,IiECTION I OFFICER To,

1. The Principal Secretary, Department of Revenue (Regist'irtion and Stamps) at Secretariat, The State of Telangana, Hyderabad 2. The District Registrar, Hyderabad (South) (FAC) 3. The Sub Registrar, Azampura, at Moosarambagh, Hydera :rad 4. The Tahsildar, Bandlaguda Mandal, Hyderabad District 5. One CC to SRI K RAGHUVEER REDDY, Advocate [Ot) lC] 6. Two CCs to (lP FOR STAMPS AND REGISTRATIOIJ High Court for the State of Telangrana. [OUT]

7. Two CD Copies PVL BS (annex copyof ordcr in WP.322l OF 2025 dt.24.04.2025 along r ith order) I ..,- 'tflq :1- J r I HIGH COURT DATED:2510912025 ORDER WP.No.29367 of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS //A/,t y'a /<- / THE HON'BLE SRI JTISTICE K.SARATH WRIT PETTTION No.322L of 2o25 ORDER: Heard learned counsel for the .petitioncr and learned Government pleader for Stamps and Registration for the respondents ald perused the entire material on record.

2. Learned counsel for the petitioner submits that the pctitioner hled the present writ petition to declare thc order passed by the .respondent No.2_District Registrar in procgs.No.Appeals/TZSgl2024, 17.12.2024 and Intimation of Refusal order passed by the rcspondedt No.3/Sub-Registrar rn No.2212O19, dated O7.LL.2O19 as illegal ald arbitraqr and consequentiy direct the respondent No.3 to register and release the documenr No.p.55/ 201g filed by the petitioner in respect o[ the larrd to arr extent of 291 Sq.yards bearing plot No.19-D in Sy.No.LO3/tZ, 103/18 and tO3/19, Ward No. 18, Block No.l3 situated at Bandlaguda Khalsa, Mailard evpatly Village, Ranga Reddy Dis trict. \ l I 2 SK, J wP-322t 2025

3. itione r further

8.2018 as well ,Nos 23 l, 232, order dated the Common I-earned counsel for the p(l submits rhat the impugned refus;, 07.1I.2019 was passed basing orl Judgmcr: t p:tssed by this Court in CMI 249,253.630 and 622 of 2O18 dared 02 ( as letter addressed by the respondent N ) Lr.No.B/120O/ Lt)gt) dated Lt.O8.2Ot7 stated lhrrt W.A.No l37g of 20l2 is pendi rg against the surt schcdulc propcrty ernd registration of the said property is rrgainst thc or.ders passed b-r, ihrs Court in W.P.No.2OB4S ot 2009 dated 06.07 .2072. .J lrereafter, the said appeirl W.A.No.I37g of 2Ol2 fiIed,:; thr: official respondenls w:rs dismissed by the Division lench of this Court on O,1.C6.2024. r4rerein it is 4-Tahsildar in

4. Lea.rnecl counsel for the petitir rer further submits that zrfter passing of the impugned r,:fusar order, the X-Adclitional Chief Judge, City ( ivil Court, Hyderabad, passed orders in O.S.No.7St f 2OIZ on 15.L2.2O21, u,hich is filed for specific perl;rmance of agreement ol'sa.le deed dated 2g.O2.2OO4 in .i vour of the -- 7 3 SK, J wP 322t 2025 plaintiffs' therein arrd the same was dismissed on L5.72.2021. In view of disposal of the W.A.No.l37g of 2Ol2 and O. S.No.75 1 of 2OlZ , the petitioner has approached the respondent No.2-District Registrar by filing an appea-l in Procgs.No.Appeals/7TSB/2024 againsr the impugned refusal order dated OT.LL-2OL} and the sarne was dismissed on LT.L2.2O24 by the respondent No.2, wherein it is stated that they have no jurisdiction to entertain the appeal after thirty (3O) days as per Section 77(ll of the Registration Act, 1908. Aggrieved by the same, the petitioner filed the present writ petition and reque sted 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.137g of 2OL2 and O.S.No.7S1 of 2OL7.

5. Learned Assistant Government pleader,has not disputed the submission made by the learned Counsel for the petitioner about the disposal of W.A.No. l37g of 2Ol2 and O.S.No.7S I of 2Ol7 and requested to pass appropriate orders. 4

6. In view of the above submissions both sides and on perusing the entire mate t this Courl is of the considered view t Lr.No.B/ LZ',OO11999, dated 11.O8'2O17 is SK, J wP-322r _2025 nade by the al otr record, rat letter in ;ued by the respondenl. No.4-Tahsildar shows that tirr: of 2Ol2 irs pending before this Court, I W.A.No.1378 hich is hled against the order passed in the W'P'No'1) dated 06.C7 .2012 lor the surt scheciuie pro. the said 'tr/.A.No. 1378 ol 2012 was dis:'t Division Bench of this Courl on 04'O6'2O?- the Compt:tent Civil Court has dismissed of 2O77 on 15.12.2021 and CMA'Nos'231 t845 of 2009 erty in iact, issed by the . Thereafter, e O.S.No,7S 1 of 2018 and batch dated C2.O8.2018, u'hich were hled a in O.S.Nr.7Si of 2OL7. In view ( izrinst the I.A. i the above circumstances, the petitioncr has hled an ,ppeal against the intimzrtion of refusal order dated O7' l

1.2OL9 before the Compr:tent AuthoritY.

7. The respondent No.2 without takir 1 into account of the disposal of W.A.No.1378 of 2Ol2 anl O.S.No.751 of 2017, rejected the appeal hled by the pt: ilioner on the 5 SK, J wP 3221 2025 ground that they have no junsdiction to entertain the sard appeal after thirty (30) days as per Section 77(l) ot the Registration Act, i908.

8. It clearly shows that initially basing on the pendency of the W.A.No. 1378 of 2OL2 and orders passed in CMA.Nos .231,237, 249, 253,63O and 672 of 2O18 on

02.08.2018, the respondenL No.3 passed impugned order on 07. ll.2olg and refused to receive the document submitted by the petitioner. g. In view of the above changed circumstances, the respondent authorities have to receive, register and release the document No.P.55/ 2O18 submitted by the { petitioner wittrout rcference to the earlier refusal order dated O7. lL.2OLg, 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/ 2O18 submitted by the petitioner ald register and release the same without reference to the order passed by the respondent No'2- District Registrar in Procgs.No.Appeals/7758/ 2024, 6 wP 3221-2025 \ .\ dated 17. Li'..2O24 and Intimation of RefusaL by the respondent No.3/Sub-Rcgistrar in i dated 07.1i.2019 antl communicatc the -,rder- passed o.'221 2019, ;arnt to the petitioner vdthin lour (04) rveeks from the i rtr: o[ receiPt of copy of t.his order, subjcct Lo the petitior 'r complying with the provisions of thc Registration Act, l9O8 as well as the Indian Stamp Act, 1899' There shir be no order as to costs.

11. Miscellaneous pctitions, if any p I rthng in this writ petitioa, shall steLnd closed. //TRUE COPY// srri P PONNA KRISHNA lii isrerur REGISTRAR ( SECTION OFFTCER To,

1. The Principal Secretary' Department of Rt'':l'" (Re I 'lration and Stamps)' ' si;i;;iil;nsana' at'secrbtariat' Hvderabad 2. theDistricl. Registrar' Hyderabad (South) (FAC) 3. The Sub Rbgistrar, Azampura' At Moosarambagh' t17 irrabad

4.TheTahsildar,BandlagudaMandal'HyderaabadDrstt:t

5. ONE CC tO SRI. K RAGHUVEER REDDY AdVOCAIC [ )PUC] 6. TWO CCS tO GP FOR STAMPS AND REGISTRATI()I 'Hiqh COUTT fOT thc " silie ot r,,langana [oUTl 7 Two CCs to GP FoR REVENUE High Court for the { :ilte of Telangana, at HYderabad [OUT]'

8. Two CD CoPies DD