The High Court · 2025
Case Details
Counsel for the Petitioner: SRI MAMIDI AVINASH REDDY counsel for the Respondents: ASST. Gp FoR srAMps & F EGrsrRATroN WRIT PETITION NO : 30390 OF 2O2S: Between: {.A1gr.qdha, Wo. A. Krishna S_agqr, Aged about 59,r, ars, Occ Household. F/q, I Ng.!-:240t1, Road No.5,"Shesfiadri r!"d"r, fl [k;tp;it;,'ffi;ij;i"] IMalkajgiri District. AND 1 2 Tle State of Telangana. Rep by its prl. Secretary to Go r , Revenue (Resistration) Dep5nment. S".?"tir.iai, it;;ffi;,i. -" The District Registrar. Registration & stamps, Ivredchar v arkajgiri District The Sub-Registrar, Kukkatpally, Medchal Malkajgiri Dist.i ;t ...PETITIONER ...RESPONDENTS Petition under Article 226 of the Constitution of Indi circumstances stated in the affidavit filed therewith, the pleased to issue a Writ of Mandamus or any other appr( direction, to declare Refusal Order 14l2O2S OateO ZS.OS.ZO Respondent refusing to register, process and release the Sal the Petitioner in respect of property admeasuring 87 Sq_ yar No 2^1..17f9115, Kukkarpalty, Kutikatpaly Viilaie Medchat_ per C&tG R&S lr/emo No.G2t257l2O19 daied Z6IOA.ZOZO on is no permission for construction of house as being illegal, ar provisions of Registration Act, 190g and in violatioi of Art 30( and consequently to direct the 3rd Respondent to rec :f lnd1" Sale Deed presented by the petitioner in respect of propertf yards bearing lrrlunicipal No.2_1_57lSG/.15, Kukkatpatty, Medchal- Malkajg iri District lA NO: 1 OF 2O25 2 c 3 praying that in the ligh Court may be r riate writ, order or ; passed by the 3'c Deed presented by s bearing Municipal alkajgiri District, as e ground that there trary, in violatron of , of the Constitution ter and release the dmeasuring 87 Sq. I ukkatpally Vittage, :l t- ), i Petition under section_151 cpc praying that in the circL mstances stated in the affidavit fited in support of the petition, if,""Hign C";,1 ,;y' ;;il;; to;H., the 3rd Respondent to register. process and rerJase the Sare )eed presented by the Petitioner in respect of groqgrty admeasuring g7 Sq. yarcl: O"rring Mrniiprf No-2-1-57/SG/'15, Kukkarpa[v, Kuk'katpa[v viilage. n,,l"i"rirr -rrr-rrirftiri oi"ir" without reference to c&rG R&S Memo No.iztzsitzorg dated 2).ol.2o;o € Counsel for the Petitioner: SRI MAMIDI AVINASH REDDy counsel for the Respondents: ASST. Gp FoR srAMps AND REGrsrRATroN WRIT PETITION NO: 30391 OF 2025: Between: Sangeetham Mounika Priyadilshini, D/o Srinivas, Aged about 33 years. Occ: Housewife, Rl/o. H.No.5-2-32. VenkateJh;;h;;;'iempte Lr16.-Si"r'iJ, Karimnagar, Telangana 505301. AND
1. Ttle State of Telangana, Rep by its prl. Secretary to Govt., Revenue (Kegtstratton) Department, Secretariat, Hyderabad.
2. The District Registrar, Registration and stamps, Medchal Malkajgiri District. 3. The Sub-Registrar, Kukkatpally, Medchal lVlalkajgiri District. ...PETITIONER ..,RESPONDENTS 'cJurt Petition under Articre 226 ot the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High mav ue pleased to issue a writ of Mandamus or any other appropriate writ, order or direction. to declare Refusal order 12l2o2s dated 29.09.202b passed by the 3rd Respondent refusing to register, process and release the Sale deed presented by the Petitioner in respect of property admeasuring g0 sq. yards bearing Municipal Nlo.z..1-57lsG/1 5, Kukkatpaily, Kukkatpally Villagl, Medchal tVlalkajgiribistrict, as per c&lG R&S Memo No.G2l2s7l2o19 dated 26.08.2020 on the gro"und that there is no permission for construction of house as being illegal, arbitrary, in violation of provisions of Registration Act, 1908 and in violation or Art sooR of ihe constitution of lndia and consequen y to direct the 3rd Respondent to register and release the Sale Deed presented by the. pelitroner in respect of property admeasuring g0 Sq. "village, yards bearing Municipal No.2-1-57lSG/15, Kukkatpally, Kukkarpally Medchal il/alkajgiri District. lA NO: 1 OF 2025 Petitron under Section 151 cpc praying that in the circumstances stated in the affidavit flled in support of the petition, the High court may be pleased to direct the 3rd Respondent to register, process and release the SalL Deed presented by the Petitioner in respect of property admeasuring g0 Sq. yards bearing tt4unicipal No-2-1-57isc/15, Kukkatpally, Kukkatpally Viltage, tVledchal H,lalral!iri oistrict without reference to C&lG R&S Memo No.G2l2S7l2O19 dated 26.OB.2OrO. Counsel for the Petitioner: SRI MAMIDI AVINASH REDDY Counsel for the Respondents: ASST. Gp FOR STAMpS & REGISTRATION WRIT PETITION NO: 3039 I OF 2025: Between: fl.fris_tr11S-agar, S/o. A.Narayana Aged about 59 yezr;, Occ: Business, Fl/o. -_ H.No.5-3-24011, Road No 5, Sheshadri Nagar,' Kr_ <katpally, H,teOcirai [\,4alkajgiri District. AND 1 2 Ttre State of Telangana, Rep. by its pil. Secretary to G: rt., Revenue (Registration) Depa rtment, Secietariat, Hyderabad. The District Registrar, Registratron & Stamps, Ir/edchal I lalkajgiri District The Sub-Registrar, Kukkatpatty, Medchal tVatkajgiri Dist ct. ...PETITIONER Petition under Article 226 of the Constitution of lnci circumstances stated in the affidavit filed therewith, the pleased to issue a Writ of lVlandamus or any other apprr direction, to declare Refusat Order 1312025 dated 29.Og.2Ci Respondent refusing to register, process and release the Srrl the Petitioner in respect of property admeasuring 87 Sq. ye r No.2-1-57lSG/1 5, Kukkatpatly, Kukkatpally Viilage, t\/edch:rl as per C&lG R&S [r,4emo No.G2t25il2019 dated 26.OA.2Ot\ there is no permission for construction of house as being violation of provisions of Registration Act, 1908 and in violati Constitution of lndia and consequenfly to direct the 3rd Respc release the Sale Deed presented by the petitioner in admeasuring 87 Sq. yards beanng Ir,4unicipal No.2-1-Sli Kukkatpally Village, lV!edchal - Malkalgiri District. lA NO: 1 OF 2025 ...RESPONDENTS L praying that in the -ligh Court may be priate writ, order or 5 passed by the 3rd r Deed presented by ls bearing [Vunicipal - Malkajgiri District, on the ground that illegal, arbitrary, in n of Art 3004 of the rdent to register and 'espect of property iG/15, Kukkatpally, Petition under Section 151 cpc praying that in the cirl Jmstances stated rn the affidavit filed in support of the petition, the High court mi1 be pleased to direct the 3rd Respondent to register, process and release the Sa < Deed presented by the Petitioner in respect of property admeasuring g7 Sq. ya r s bearing lrrlunicipal No-2-1-57/sG/15, Kukkatpaily, Kukkatpaily Viilage, tVleo'ctiat - tvalkaigiri District without reference to c&lc R&S tr,4emo No.G2t2s7l2o19 daterr L6.oB.2o:{0. Counsel for the Petitioner: SRI MAMIDI AVINASH REDDY Counsel for the Respondents: ASST. Gp FOR STAMPS & Fll GISTRATION WRIT PETITION NO:30401 0F 2025: Between: Kadapa Likith, S/o. Ranganath. lged about 31 years, Occ: Business, R/o. H.No.2Ol913. Nagendra -Nagar, pioddutril, C;.ii;p;h, Andhra pradesh _ 516360 AND
1.. 2 \, Ttle State of Telangana. Rep. by its prl. Secretary to Govt., Revenue ( Kegrstratton) Department. Secretariat. Hyderaba,d. The District Registrar, Registration and stamps, t\4edchar tMarkajgiri District The Sub-Registrar, Kukkatpalty, I\4edchal lVlalkajgiri District. ...PETITIONER ...RESPONDENTS Petition under Articre 226 of the constitution of rndia praying that in the -ne circumstances srated in the affidavit filed therewith, the High'cJ,t may pleased to issue a Writ of lVandamus or any other appropriate writ, order or direction. to declare Refusal order 11l2o2s d;bd 2g.ogio2'5 passeo uy tne sro Respondent refusing to register, process and rerease the sare Deed presented oy the Petitioner in respect of property admeasuring 97 sq. yards bearing rr,lrnic,p"l No.2--1-57lSG/1 5, Kukkatpaily, Kukkatpaily Vilage, tvedchit -tr4atkajgiribistrict, as per c&lG R&S tvemo No.GZl257l2o19 dated za.oe.zozo on the gro-und that there is no permission for construction of house as being ilegar, arbitrary, in vioration of provisions of Registration Act, i 90B and in violation ot Art gooR of ihe constitution 9t Inola and consequenfly to direct the 3rd Respondent to register and release the Sale Deed presented by the, petitioner_in respect of property admeasuring g0 Sq. yards bearing l\ilunicipar No.2-1-57lsG/15, Kukkatpaily, Kukkatpailv "vrrrug", Medchal-t\,4alkajgiri District lA NO: 1 OF 2025 Petition under Sectron j 51 CpC praying that in the cirpumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the 3rd Respondent to register, process and rerease the sarl Deed presented by the Petitioner in respect of groggrtv admeasuring 97 sq. yards bearing rr,rrni"rprr No-2-1-57/SGi15, Kukkatpaily, Kukkatpalty Viltage, Medchat - Matkaigiri District without reference to c&rG R&s Memo No.G2r2s7r2oi9 dated 26.08.20:[o Counsel for the Petitioner: SRI MAMIDI AVINASH REDDY Counsel for the Respondents: ASST. Gp FOR STAMpS & REGISTRATION The Court made the fotlowing: COMMON ORDER IN THE HIGH COURT FOR THE STATE OF 1' HYDERABAD AT 'LANGANA THE HON'BLE SRI JUSTICE K.SAII. ITH WRIT PETITION Nos.3O389. 3OO9O. 3O39_.. 3O4OL of 2025 3O399 and Date:O9.12.2o25 Between: W.P.No.3O389 of 2O25 Orugonda Rajkumar. And . . . Petitioner The State of Telangana, rep. by its principz I Government, Revenue (Registration) Departmr:rt, Hyderabad and 2 others. Secretary to Secretariat, . Respondents. COMMON ORDER: Heard Sri M. Avinash Reddy, learned ,r )unsel for the petitioners and Smt S. Sravanthi, learned Assist: :rt Government Pleader for Stamps and Registration appr: Lring lor the respondents. With their consent, these r.r,,r.i, petitions are disposed ol at the stage of admission.
2. Since al1 these writ petitions arise out of , omry16r, i""r.. they are being disposed of by this common order .;&. I i I 2 SK, J WP No.30389 of 2025 and batch
3. Ali these writ petitions are filed seeking to deciare the action of the respondent No.3 in passing the separate Refusal Orders issued to the petitioners vide Nos. 1 1 to 15 of 2025 dated 29.09.2025 respectively, to register, process and release the Sale Deeds presented by them in respect of their respective properties with dilferent square yards bearing Municipal No.2-1- 57 / SG / 1 5, Kukatpaliy, Kukkatpally Village, Medchal-Malkajgiri District as per C & IG R&S Memo No.G2/257 12O19 dated 26.08.2020 on the ground that there is no permission for construction of house as illegal and arbitrary.
4. Learned Counsel for the petitioners submits that the respondent authorities have mentioned in the impugned Refusal Orders with regard to the Memo issued by the Commissioner and Inspector General of Registration and Stamps in Memo No.G2/257/2019 dated 26.08.2020, but they have not taken into account the Memo issued bv the same authoritv in Memo No.G2/257 /2O19 dated 29.12.2O2O. He further submits that as per Clause (iii) of the said Memo, the documents presented by the petitioners have to be regularized and in view of regularization of the suit schedule properties in LRS proceedings i r 3 SK, J WP No.3O389 o a 1025 and batch No.LRS/379slCR-14/WEST zoNE/2008 dated t5.OZ.2oo9, he requested to set aside the impugned refusal orders .
5. On the other hand, learned Assistant Gove:- Lment pleader for Stamps and Registration submits that in vie., of the Memo No.G2/257 /2019 dated 29.12.2020, she reque sted to pass appropriate orders.
6. After hearing both sides and perusal of th : material on record, this Court is of. the considered view that in all these writ petitions, the respondent No.3 has issued the impr gned Refusal Orders dated 29.09.2025 on the ground that tf e documents presented by the petitioners were refused for regi; ratron as per the Commissioner and Inspector General ol Re p stration and Stamps Memo No.G2/257/2Ot9 dated 26.O8.2(t. 0 read with Rule 26(h) of Common Building Rules vide (i O.Ms.No.168 MAUD Department dated 07 .O4.2O 12.
7. The petitioners have purchased the sr it schedule properties lrom their vendor with different extentr; of lands and the total extent of land is admeasuring 4I sq. yards (90+87+90+87+97) equivalent to 377.08 sqm ar-rd st rted that the said approved layout was regularized by th ( competent .- \ -=G!n!{ \r 4 SK, J WP No.30389 of 2025 and batch authority in Proceedings No.LRS/3795/CR_ 14/WEST ZONE/2OO8 dated 16.07.2009. In fact, in the impugned orders, the respondent No.3 has relused to receive the documents presented by the petitioners on the ground of Memo No.G2/257 12019 dated 26.O8.2O2O without taking into account of the clarification issued in Memo No.G2l2S7 12019 dated 29. 12.2O2O.
8. The relevant portion at Para No.2 of the Memo No.G2/257 /20 19 dated 29.t2.2O2O is extracted as under: "2) In order to obviate arr1, hardship relating to registration of documents, a{ter careful consideration of the relevant provisions of 1aw and circumstances, the following clarifrrcations are issued, in partial modification of the instructions cited under re[erence above: i) Registrations can be taken up in respcct of open plots/ structures, if the same has been acquired by the present owner through a valid registered document earlier. ii) However, rro "new plot" shall be registered unless it has been approved by the competent authority or is in an auttrorised layout. New plot would mean a fresh plot which is being brought for registration for the hrst time or being sold by developers for the first time. iii) As clarified earlier, there is no restriction on registration of plots in authorised layouts, plots regularised under 3 earlier LRS Schemes and buildings/ strrctures covered under earlier BPS/BRS Schemes.,, 5 SK' J WP No.3O389 o lO25 and batch
9. As per Clause 2(iii) of the Memo dated 29.12.2020 shows that there is no restriction on registration of plots ln authorised layouts, plots regularised under earlier LRS ichemes and buildings/ structures covered under earlier BPS/I] ?S Schemes.
10. In view of the same, without taking into i ccount of the clarification issued 1n Memo No J2 1257 l2Ol9 dated 29.12.2O2O, the respondent authorities c: rnot stop the registration of the subject documents prese eted by the petitioners. Therefore, the impugned Rel rsal Orders dated 29.09.2025 passed by the respondent No.! re illegal and arbitrary and the sarne are liable to be set aside. In view of the same, the respondents have to register the penc I -rg documents presented by the petitioners in respect of the su: ect properties without reference to impugned r: usal orders dated 29.O9.2025. 1 1 . In view of the above findings, these Wr.t Petitions are t / disposed of by setting aside the separate Refusa Orders issued the petitioners vide Nos.11 to of 2025 dated 29.O9.2025 respectively, by the res: rndent No.3 6 SK, J WP No.30389 of 2025 and batch Consequently, the respondent authorities are directed to register the pending documents presented by the petitioners with respect to the subject properties within four (04) weeks from the date of receipt of copy of this order, subject to the petitioners complying with the provisions of the Registration Act, 1908 as well as the Indian Stamp Act, 1899. It will be open to the Registering Authority to refuse the documents 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 petitioners. No order as to costs.
12. Miscellaneous Petitions, if any, pending in these writ petitions shall stand closed. //TRUE COPY' SD/.P. PONNA KRISHNA ASSISTANT REGISTRAR 6 SECTION OFFICER To, p Telanoana, Secretariat, Hyderabad.
1. The Prl. Secretary to Govt., Revenue (Registration) Department, The State of Z ffre Ojitrici Registrar, Re{istration and Stamps. Medchal tVlalkajgiri District. 5. The Sub-Regist-rar, Kukkalpally, IVledchal Malkajgiri District. +. on" cc to s"Rl MAIvllDl AVINASH REDDY, Advocate [oP-uc] - d. ifi ccrio ci FoR STAMPS & REGlsrRATloN, High court for the state 6. Two CD Copies of Telangana. [OUT] : BN GJP HIGH COURT DATED:0911212025 ./- ,a ,,,. ,'+ /,Ji; 1 COMMON ORDER WP.Nos.30389, 30390, 30391, 30399 & 30401 ot 2025 - ( \?- :'I4) 'c Nta\ ). 1Z..i r LEi zuli c. .1 -t _// I r r:A-l cra": DISPOSING OF ALL THE WRIT PETITIC} {S WITHOUT COSTS a, l l i L