Smt. Ivleesala Dhana Sai Lakshmi v. 1. The State of Telangana

Petition Under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit fited therewith' the High Court may be pleased to issue writ, order or direction more particularly one in the nature of Writ of Mandamus a) Declaring the action of the respondents in issuing Refusal Order 222t2o2|daled5.OT.2025asbeingillegal,arbitraryandinviolationofArticlesl4, 21and300-AofConstitutionoflndia'b)Consequentlytodirecttherespondents to register documents of the petitioner in respect of land admeasuring 550 Square yards or 459.87 Square meters in Survey No 44t4 (P ad') ' situated at Maktha Mahaboobpet Village Serilingampally Mandat Municipality ianga Reddy District without reference to Lr.No.E'1l338712024 dated 3.'10.2024 arc without insisting for The Nala Conversion proceedings from the Competent Au c rity. l.A.NO:1 OF 2025 Petition Under section 151 cpc praying that in the c r,rumstances stated rn the affidavit filed in support of the petition, the High cor r may be pleased to direct the respondents to register the respondents to regi ;t:r documents of the petitioner in respect of land admeasuring 550 square ya c s or 459.g7 square meters in Survey No. 4414 eail. situated at Maktha ,4ahaboobpet Village, serilingampally IVlandal Municipality, Ranga Reddy Distric wrthout reference to Lr.No.E11338712024 dared 3.1o.2024 and without ins s ing for The Nara conversion proceedings from the competent Authority., pr rding disposal of the writ petition. Counsel for the Petitioner : M/s N.NIYATHA Counsel for the Respondents : SMT S.SRAVANTHI, AGp FOR REVENUE The Court at the stage of admission made the following Ot )ER THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION No.29751 of 2o25 ORDER: Ilear-d Ms. N.Niyatha, learned counsel for the petitioner anct Smt S.Sravanthi, learned Assistant Government Pleader for Stamps and Registration appearing for the respondents. With their consent, this Writ Petition is disposed of at tlie stage ol admission itself

2. Learnecl counsel lor the petitioner further submits that respondent No.4-.loint Sub Registrar refused to register the pending document- No.P.365/2025 presented by the petitioner uicle Rcfusa-l Order No.222 12025 dated O5.O7.2O25, basing on the two reasons and the sarne are extracted as follows L II, The Suruey No.44/4, situated at Maktha Mahaboobpe-t Village, SeilinSlantpallg Mandal, Rangareddy District is clossifted us "State Gouernment - Sarkai" under Sectiott 22-A(1)(b) of Registratton Act, 1908 and the some is prohrbtted Jbr reglstration. The ope n land itutlued t this penditq doatment is part of butk lttnd bttt the required, Land Conuersiort Proceedinqs (NAl,/\) tssued by the Competent Authoitll as per hLstrucrlon-s is-suecl by lhe Commissiorter ancl Inspector O e.n era I R e qi s tration anc.l. Stamp s, Te Lang anu 2 itt Ciranlor No.G3/ 3247/2Oj8 datecl not been proutded_

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3. Lear-ned counsei for the petitioncr Lrrther submits that the first. reason mentioned in impugnr c Refusal Order No.269/2025 dated lT.O7.2O2S is alreaci. considered by this Court in W.P.No.28O0O of 2O2S and p rssecl orders on 17.09.2025. The relevant portion of the said order at paragraph Nos.3 and 4 is extracted as follou s: "3. Learned Counsel for the petitiott,t fufther subrnlls that ttrcre is a chequered , ,i:iory of Sy.No.44 situated at Maktha Mahabubp.,t Village, SeriLi4lampallg Mand.at, Ranga Recldy Dis r:ct. With regard to the entries of Sy.No.44 in reuem,: recorcls, the orrlers passed bg the Chief Comni ,: ioner of Larul Administration in File No.p3/4Sg/ 2 t _) datetl 29.05.2014 u)as set aside bg this Cour1. e ctrLier tn W.P.No.23574 of 2014, dated t7.Oj.a)17 arut granted liberty to the authoities to take :tction as per tle order passed bg the Joint Cttl=ctor tn E1/ 73O6/ 1999 on 19.O1.2O13 and ri.'z Joint ColLector in his order dated. 19.Oi.2O13 di, e:ted the Deput!.t Collector and Tahsildar, Serilir l tmpally Mandal, Ronga Reddy Distict to exa n,.ne the records in respect of the subject land.s l cl. if he fouru7 any fabricated material produced rtzting to fraud for issuance of supplementory sett ,t,ar and for obtaining correction of reuenue rec, r:ls, Ji[e comprelensiue Ciuil Suit for declaration oJ t,tle arul for recouery o.,f possesslon in fauour of Go ,crnmertt in accordonce u.tith law. Aggieued by tlte t,.clers in W.P.No.23574 of 2O14 dated 17.O1.21 i 7, the I 3 respondent authoities haue filed W.A.No.1499 of 2O18 and the same ruos dlsmissed by the Diuision Bench of this Court on 25.11.2024. In spite of that the respondents again shotuing'7he suit schedule property in the prohibited list and the same is contrary to the orders of this Court.

4. Learned Counsel for the petitioner further submits that this Court passed orders in W.P.No.33090 of 2O23, dated 06.12.2023 and directed the registenng authoities to register the lands *-ithcut reference to the notification dated 26.09.2013. The subject land in the present uit petition olso pertains to same suruey number and the respondent No.3 in Lr.No.El/3387/2024 dated 03. 10.2024 before the drsmissal of W.A.No. 1499 of 2O1B dated 25.11.2024. Basing on the letter dated O3.1O.2O24 issued by the respondent No.3, the respondent No.5 issuecl impugned Refusal Order No.1 16 of 2O25 dated 23.O4.2025 and the same has to be liable to be set aside."

4. Learned counsel for the petitioner further submits that the second reason mentioned in the impugned Refusal Order No.269 /2025 dated 17 .O7 .2025 rs already considered by this Court in W.P.No.1547 I of 2024 and passed orders on O2.O7.2O24. The relevant portion of the said order at paragraph No. 19 is extracted as foilows

19. With the aboue obseruations, this uit petition is disposed of directing the Registeing Authoritg to receiue, register ond release the subject document, subject to th-e petitioner complying u-tith '1 4 the pr<'tuisions of the Indian Registration \^t, 19O8, and ht.dian Stomps Act, 1899, as expecl ttous[11 cts possibLe, preferably u.tithin a penod oJ r trree (O3) ueeks frotn the date of receipt of copy o.f lltis order utitlLout insisting for the proceedings oJ \i ALA lttx under the prouisions of the Telangana l, l tcultural Land (Conuersion for nonagicultural PLtr] .ses) Act, 2006. It is also open to the Registeing A t,hoity to refuse to register the subject docu nent, by speciJTcalLy assign ttte reosons in tenns oJ i .<:tiort 7 1 of the Act, 1908 and communicate the sot I clecision to the petitioner. It is needless to nrcntio r that the petitioner shall pay the Nala ktx cts 1rc r the prouisions of The Telangana Agicttltt ,.tl Lctrtd (Con.uersiort for Non Agicrtltural Purposes) i ct, ?0O6 as and uhen demanded by th.e a )t)ropnate authorities under the said Act.

5. Learned counsel for the petitioner r rthcr submits that in view of the above said orders, tht Relusal Order No.222/2025 dated O5.O7.2025 is liable to 1,c set aside and requested this Court to allow this Writ Petil r:r-r bv lollowing the orders passed by this Court in W.P.No,8OOO of 2025 dated 17.O9.'2025 and W.P.No. 15477 o 2024 dated o2.o7.2024.

6. Learned Assistant Government Plea ler for Stamps and Registration has not disputed the submL:;sion made by the learned counsel for the petitioners r, th regard to i 5 disposal of the W.P.No.2800O of 2025 dated 17.O9-2O25 and W.P.No.15471 of 2024 dated O2.O7.2o2+ and requested to pass appropriate orders.

7. In view of the submissions made on either side and the for the reasons alike in the orders passed by this Court in W.P.No.28O00 of 2025 dated 17.O9.2025 and W.P.No. 1547 7 of 2024 dated O2.O7 .2024, this Writ Petition 1S disposed of by directing the Registering Authority to register and release the pending document No.P.365/2025 pre sented by the petitioner, without reference to the impugned Refusal Order No.222 of 2025 dated 05.07.2025 issued by the respondent No.4, subject to compliance of the provisions under the Indian Registration Act, 19O8, and Indian Stamps Act, 1899, without insisting for the proceedings of NALA Tax under the provisions of the Telangana Agricultural Land (Conversion for L nonagricultura-l Purposes) Act, 2006. It is needless to mention that the petitioners shall pay the Nala tax as per the provisions of The Telangana Agricultural Land 6 \ -- --a1 - (Conversion for Non Agricultural Purposes' Act, 2006, AS and when clemanded by the appropriate ar thorities under the said Act

8. It is also made clear that this r -der does not preclude the Government/District Coll rr:l.or to take approprlate steps as warranted by law atrrl to assert its title. If any proceedings/suit/appeal pendi rg between the executants of the document/Governmenl or any other interested party, the registration of the dr cument ri'i1l be subject to the result of that proceedings/sui ,'irppeal

9. Accordingly, this Writ Petition is c1i:;posed oL No order as to costs. Miscellaneous petitions, if any, pen I ng in this writ petition, shall stand closed. ^ SD/-MOHD. ISMAIL ..t)F.PUTY REGISTRAR \ --- //TRUE COPY// . $5crtoru oFFlcER The Principal Secretary, Revenue Department' SecreE riat Buildings' State of Telanoana at Hvderabad. r"J r c Regrstration and stamps ' \ P Resistration #'i'"Hffi;l;i "i Bhavan, M-J. Road, Hyderabad' The District Reoistrar, nanglHeody District at Moosap: ' Hvderabad' iii; i;i;i"s,;; fl"giiti". r, d"giit,Ji." iig s19mp9.q9 r:rrtment' R o (oB)' Fiasnantrrina"qar' Ranga Reddv Distri( Hvdprabad i;;;il;J;r The'Joint Sub Resistrar ll' R:liti;t';X;nJsijtpt o' r rrtment R o (oB)' Sonv comole>. prashanthrnffi. ning, Reddy Distrrr Hyderabad. ii"bi.iri"i Collector Ranga Reddy District i;;"Cc.'i; ci F-on nevEirLiEl-iish co"t for the s1 1re of relanqana at Hvderabad. [OUT] Oi,L"CC io rr,lrt t"t. N t VnrHn, Advocate [OPUCI Two CD CoPies To b

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4. 5 6 7 8 o HIGH COURT DATED:2610912025 1ii Itt 14 EtT ?Ur ORDER 'i--: - WP.No.29751 ot 2025 DISPOSING OF THE W.P AT THE STAGE OF ADMISSION WITHOUT COSTS. 1{)