✦ High Court of India · 10 Apr 2025

Sri Bommaka Sairaj' S/o Bommaka Rajalingu Aged about 26 years v. o8in"

Case Details High Court of India · 10 Apr 2025

the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents more particularly, respondent No. 3 herein to receive, register and release the Sale Deed vide Pending Document No.P.1612024, daled 01-10-2024, presented by the petitioner in respect of all that part and parcel of Open Plot in Sy.No.42, to an extent of 200 Sq.Yards., Near H.No.6-2-10lD/3, situated at Power House Colony, SCCL Quarters lnternal Road Locality, Godavarikhani of Malkapur Revenue Village, within the limits of Municipal Corporation Ramagundam, Ramagundam Mandal, Peddapalli Zilla Parishad, Peddapalli Disirict, within Registration District Karimnagar, Sub- District. Ramagundam, by suspending the Intimation of Refusal No.912024. dated 10-10-2024, passed by respondent No.3, pending disposal of the above writ petition. Counsel for the Petitioner: SRI KATIKA RAVINDER REDDY Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION W.P.NO: 34830 OF 2024 Between: Sri Alleni Narayana Rao, S/o Lrnga Rao, Aged about 64 years, Occ. Rtd. RTC Employee, R/o H.No.6-2-10l1, Power House Colony, Godavarikhani, Ramagundam Mandal' Peddapalli District ...pETrroNER AND

1. The State of Telangana, Rep. by its Principal Secretary (Stamps and Registration), Secretariat, Hyderabad.

2. fhe Commissioner and lnspector General of Registration and Stamps, Telangana State,

3. The Sub Registrar, Ramagundam Mandal, Peddapalli District. Petition under Article 226 of the Constitution.of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or direction more pa(icularly one in the nature of Writ ...RESPONDENTS of Mandamus declaring the action of the respondent No.3 i.e., The sub Registrar, Ramagundam Mandal, Peddapalli District, in refusing to register and releasi: the Sale Deed Pending Document No.P.10t2024, dated 20-09-2024, viQe lntimation of Refusal No.312024, dated 01-10-2024. in respect of all that part and parcel of Open Plot in Sy.No.42, to an extent of 200 Sq.Yards., Near H No.6-2-10iDl3, situated at Power House Colony, SCCL Quarters' lnternal Road Locality, Godavarikhani of Malkapur. Revenue Village, within the limits of Munibipal Corporation Ramagundam, Ramagundam Mandal, peddapalli Zilla parishad, Peddapalli District, within Registration District Karimnagar, Sub- District Ramagundam, on the basis of G.O. Ms.No. 118 Revenue (Registration) Department, Dt. 28-10-2020 and Memo No. G3l3247lZOlB, Dt.01/05/2019 issued by respondent No 2. is illegal, arbitrary, in violation of Articles 14. 21 and 300-4 of constitution of lndia and also in violation of Registration Act, 190g, besides in violation of Principles of Natural Justice and consequenfly to direct the respondents more particularly, respondent No. 3 herein to receive register and release the Sale Deed vide Pending Document No.p.10/2024, dated 20-09-2024, presented by the petitioner in respect of all that part and parcel of open plot in Sy.No.42, to an extent of 200 Sq.Yards., Near H.No.6-2-10/D/3, situated at power House colony, sccL Quarters lnternal Road Locality, Godavarikhani of Malkapur Revenue Village. within the limits of Municipal Corporation Ramagundam, Ramagundam Mandal, Peddapalli Zilla Parishad, peddapalli District, within Registration District Kannrnagar, sub- District. Ramagundam, by setting aside the lntimation of Refusal No.3/2024, dated 0'l-10-2024, passed by respondent No.3. lA NO: 1 OF 2024 Petition under section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondents more particularly, respondent No. 3 herein to receive, register and release the sale Deed vide Pending Document No.p.1012024, dated 20-0g-2024, presented by the petitioner in respect of all that part and parcel of open plot in Sy.No.42, to an extent of 200 sq.yards., Near H.No.6-2-10lD/3, situated at power House colony, sccL Quarters lnternal Road Locality, Godavarikhani of Malkapur Revenue village, within the limits of Municipal corporation Ramagundam, { I Constitution of lndia and also in violation of Registration Act, 1908, besides rn violation of Principles of Natural Justice and consequently to direct the respondents more particularly, respondent No.3 herein to receive, register and release the Sale Deed vide Pending Document No.P.13/2024, dated 23-09-2024, presented by the petitioner in respect of all that part and parcel of Open Plot in Sy.No.42, to an extent of 200 Sq.Yards., Near H.No.-6-2-10lD/3, situated at Power House Colony, SCCL Quarters lnternal Road Locality, Godavarikhani of lVlalkapur Revenue Village, within the timits of Municipal Corporation Ramagundarn, Ramagundam Mandal, Peddapalli Zilla Parishad, Peddapalli District, within Registration District Karimnagar, Sub- District Ramagundam, by setting aside the lntimation of Refusal No.612O24, dated 01-10-2024, passed by respondent No.3. lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the ci.cumstancqs stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents more particularly, respondent No. 3 herein to receive, register and release the Sale Deed vide Pending Document No.P.1312024, daled 23-09-2024, presented by the petitioner in respect of all that part and parcel of Open Plot in Sy.No.42, to an extent of 200 Sq.Yards., Near H.No6-2-10/D/3, situated at Power House Colony, SCCL Quarters lnternal Road Locality, Godavarikhani of t\4alkapur Revenue Village, within the limits of Municipal Corporation Ramagundam, Ramagundam Mandal, Peddapalli Zilla Parishad, Peddapalli District, within Registration District. Karimnagar, Sub- District Ramagundam, by suspending the lntimation of Refusal-No.612024, dated 01-10-2024, passed by respondent No.3, pending disposal of the above writ petition. Counsel for the Petitioner: SRI KATIKA RAVINDER REDDY Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION t, r ,l l Ramagundam tVIandal, Peddapalli Zilla Parishad, Peddapalli District, within Registration District Karimnagar, Sub- Distrrct. Ramagundam, by suspendlng the Intimation of Refusal No 312024, dated 01-10-2024, passed by respondent No.3, pending disposal of the above writ petition. Counsel for the Petitiorter: SRI KATIKA RAVINDER"REDDY Counsel for the Respondents: AGP FOR STAMPS ,AND REGISTRATION W.P.NO: 34833 OF 202,+ Between: Smt. Anusha Sandela, Wo Anil Kumar Sandela, Aged about 28 years, Occ Household- R/o F.No 8-56/,4, Begumpet Village, Ramagiri Mandal, Peddapalli District ...PETrroNER AND

1. The State of Telangana, Rep. by its Principal Secretary (Stamps and Registration), Secretariat, Hyderabad.

2. Th6 Commi6sioner and lnsp'ector General of Registration and Stamps, Telangana State.

3. The Sub Registrar, Ramagundam Mandal, Peddapalli District. ...RESPONDENTS Petition under Article 226 of the Constitution of lndia praytng that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue Writ, Order or direction more particularly one in the nature of Writ of lVlandamus declaring the action of the respondent No. 3 i.e., The Sub Registrar, Ramagundam Mandal. Peddapalli District, in refusing to register and release the Sale Deed Pending Document No.P.1712024, dateci 01- 10'2024, vide lntimation of Refusal No 101202'4, dated 10- 10- 2024, in respect of all that part and parcel of Open Plot in Sy. No. 42, lo an extent of 171.72 Sq. Yards. , Near H. No. 6- 2- 10/D/3, situated at Power House Colony, SCCL Quarters lnternal Road Locality, Godavarikhani of Malkapur Revenue Village, within the limits of [\tlunicipal Corporation Ramagundam, Ramagundam Mandal, Peddapalli Zilla Parishad, Peddapalli District, within Registration District Karimnagar, Sub- District Ramagundam, on the basrs of G. 0 Ms. No. 118 Revenue (Registration) Department, Dt 28- .10- 2020 and Memo No. G31324712018, DtO1/05/2019 issued by respondent No. 2, is illegal, arbitrary, in violation of Articles 14, 21 and 300- A of Constitution of lndia and also in violation of Registration Act, 1908, besides in 7 violation of Princlples of Natural Justice and consequently to direct the respondents more particularly, respondent No.3 herein to receive, regisfer and release the Sale Deed vide Pending Document No. P. 1712Q24, d4ted 01-1O-2024, presented by the petitioner in respect of all that part and parcel of Open Plot in Sy. No. 42, to an extent of 171.72 Sq. Yards. , Near H. No. 6- 2- 10/D/3, situated at Power House Colony, SCCL Quarters lnternal Road Locality, Godavarikhani of Malkapur Revenue Village, within the limits of Municipal Corp6ration Ramagundam, Ramagundam Mandal, Peddapalli Zilla Parishad, Peddapalli District. within Registration District Karimnagar, Sub- District Ramagundam, by setting aside the lntimation of Refusal No. 1012024, dated 10-10-2024, passed by respondent No.3 lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents more particularly, respondent No. 3 herein to receive, register and release the Sale Deed vide Pending Document No. P. 1712024, dated 01- 10- 2024, presented by the petitioner in respect of all that part and parcel of Open Plot in Sy. No. 42, to an extent of 171.72 Sq Yards. , Near H. No. 6- 2- '10/D/3. situated at Power House Colony, SCCL Quarters lnternal Road Locality, Godavarikhani of Malkapur Revenue Village, within the limits of Municipal Corporation Ramagundam, Ramagundam Mandal, Peddapalli Zilla Parishad, Peddapalli District, within Registration District Karimnagar, Sub- District Ramagundam, by suspending the lntimation of Refusal No. 1012024, dated 10-'10- 2024, passed by respondent No. 3, pending disposal of the above writ petition. Counsel for the Petitioner: SRI KATIKA RAVINDER REDDY Counsel for the Respondents: AGP FOR STAMPS AND REGISTRATION W.P.NO: 34839 OF 2024 Between: Sri Thondengala Thirupathi, S/o -Tho-dergala Occ- Agricultlre, R/o H.No.6-2-1016/6' Power Ramag"undam lr4andal, Peddapalli District Odaiah, Aged about 55 years, House Colony. Godavarikhani, ...PETITIONER AND Reoistration). Sr-'cr-etariat, Hyderabad

1. The State of Telangana, Rep by (s Principal Secretary (Stamps and 2 ii; Commiisiorrer and lnsfector General of Registration and Stamps' 3 The S"ub Registrar. Ramagundam Mandal, Peddapalli District Telangana State. ...IIESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent No.3 i-e., The sub Registrar, Ramagundam Mandal, Peddapalli District, in refusing to register and release the Sale Deed Pending Document NoP.912024, dated 20-09-2024, vide lntimation of Refusal No.212024, dated 01-10-2024, in respect of all that parl and parcel of Open Plot in Sy.No.42. to an extent of 200 Sq.Yards., Near H No 6-2-10lD/3, situated at Power House colony, sccL Quarters lnternal Road Locality, Godavarikhani of [Vlalkapur Revenue village, within the limits of Municipal corporation Ramagundam, Ramagundam Mandal, Peddapalli Zilla Parishad, Peddapalli District, within Registration District Karimnagar, sub-District- Ramagundam, on the basis of G.0 Ms.No. 118 Revenue (Registration) Department, Dt- 28-10,2020 and Memo No. G31324712018, Dt-o1/05/2019 issued by respondent No.2, is illegal, arbitrary, in violation of Articles 14, 21 and 300-4 of constitution of lndia and also in violation of Registration Act, 1908, besides in violation of Principles of Natural Justice and consequently to direct the respondents more particularly, respondent No.3 herein to receive, register and release the sale Deed vide Pending Document No.P 912024, daled 20-09-2024. presented by the petitioner in respect of all that part and parcel of open PIot in sy.No.42, to an extent of 200 sq.Yards., Near H.No.6-2-10lD/3, situated at Power House Colony. SCCL Quarters lnternal Road Locality, Godavarikhani of Malkapur Revenue Village. within the limits of [\4unicipal Corporation Ramagundam, I I I 7 Ramagundam Mandal, Peddapalli Zilla Parishad, Peddapalli District, within Registration District Karimnagar, Sub- Distric! Ramagundam, by setting aside the lntimation of Refusal No.212024, dated 01-10-2024, passed by respondent No.3 lA NO: 1 OF 2024 Petition under Section 151 CPC praying that i6 the circumstances stated in the affidavit filed in support of the petitron, the High Court may be pleased to direct the respondents more particularly, respondent No.3 herein to receive, register and release the Sale Deed vide Pending Document No.P.9/2024, dated 20-09-2024. presented by the petitioner in respect of all that part and parcel of Open Plot in Sy.No.42, to an extent of 200 Sq.Yards., Near H.No.6-2-10lD/3, situated at Power House Colony, SCCL Quarters lnternal Road Locality, Godavarikhani of Malkapur Revenue Village, within the limits of Municipal Corporation Ramagundam, Ramagundam Mandal, Peddapalli Zilla Parishad, Peddapalli District, within Registration District Karimnagar, Sub- District- Ramagundam, by suspending the lntimation of Refusal No.212024, dated 01-10-2024, passed by respondent No.3, pending disposal of the above writ petition. Counsel for the Petitioner: SRI KATIKA RAVINDER REDDY Counsel for the Respondents; AGP FOR STAMPS AND REGISTRATION The Court made the following: COMMON ORDER I I 7/ THE HON'BLE SRI JUSTICE K.SARATH WRIT PETITION Nos.3482O, 34825, 34830, 348{}3 and 34839 of2024 COMMON ORDER: Since tht-' subject issue invol\/ed in all these writ petitions is onr: and the sarne, they are taken up for hearing together and being disposed of by way of this common order.

2. Heard learned counsel lor the petitioners and learned Assistalt Government Pleader for Stamps and Registration for the respondents and perused the entire materiaL on recold .

3. Learned counsel for the petitioners submits that the issue involved in all these writ petition 1S squarely covered by the order passed by this Court in W.P.No. 1547 1 of 2024 dated 02.07.2024 and requested to pass similar order in these u,rit petitions.

4. Learnecl Government Pleader for Stamps and Registration has not disputed the submission made by the learned counsel for the petitioners with regard to the I I 2 SK. J WP_3,1,820_202+ and batch \l \ disposal of the W.P.No.l547l of 2024 dated 02.O7.2024 and requested to pass appropriate orders.

5. In view of the order-passed in W.P.No.1547i of 2024 dated O2.O7.2O24 and for the reasons menticined therein, these writ petitions are disposed of, directing the Registering Authority to receive, register and release the subject documents, subject to the petitioners complying with the provisions of the Indian Registration Act, 1908, and Indian Stamps Act, 1899, as expeditiously as possible, preferably within a period of four (04) weeks from the date of receipt of copy of this order without insisting for the proceedings of NALA Tax under the provisions of the Telangana Agricultural Land (Conversion for nonagricultural Purposes) Act, 2006. It is also open to the Registering - Authority to refuse to register the subject documents, by specifically assign the reasons in terms of Section 7l of the Act, 1908 and communicate the said decision to the petitioners. It is needless to mention that the petitioners shall pay the Nala tax as per the provisions of The Telangana Agricultural Land (Conversion for Non 7 To \ 3 WP-s*s.lu ,or* rra;li Agricultural hrrposes) Act, 2006, as and when demanded by the appropriate authorities under the said Act. No order as to costs.

6. Registry is directed to annex copy of the order in W.P.No.1547 1 of 2024 dated. O2.O7 .2024 alongwith this order. 1-. Miscellaneous petitions, if any, pending in this writ petition, shall stand closed. //TRUE COPYII SD/-P. GOWRISHANKAR EPT'ry REGISTRAR SEI!:TION OFFICER / Telangana State State of Tel anga na

1. The Princi pa[ Secretary (Stamps and Registration 2. The Commi ssioner and lnspector General of Registration and Stamps, 3. The Sub Registrar, Ramagundam IVandal. perJdapalli District. 1 9re CC to SRt KATTKA_Rh.v_tNorn nioov )iii["rt" Joeur;] 5 Two ccs to Gp FoR srAMps AND REcisiRniior.r-A[h cc'urt ror tre ^ State^oJ T-elangana. at Hyderabad tOUTl 6. Two CD Copies - cretariilt, Hyderabad, l Ql-o1S with a copy of the order dated 02.07.2024 in Wp.No.1 5471 of 20241 PSK. BS g : 3iie HIGH COURT" DATED:1010412025 COMMON ORDER WP.Nos.3 4820,3482,5,34830, 34833 AND 34839 of 2024 \ c -t I'E ST4 fr- ?+ IPR 2025 , 6 A )l Y.r+ t r)ESi,)l'.i-Clt 7O * DISPOSING OF THE WRIT PETITIONS WITHOUT COSTS (g'*o %6r e HONOURABLE SRI JUSTICE N.V.SHRAVAN KUMAR Writ Petition No.75477 of 2024 ORDER: writ petition is filed to declare the action of respondent No.3 in refusing to register and release the sale deed i.e., Pending Doc.No.p.tl4/2o24 uid.e Intimation of Refusal No.48/2O24 dated 03.06.2024 presented by the petitioner and his vendor in respect of all that the open Land in Sy.Nos.2O1, 215 and 2I7, latd admeasuring 1000 sq.yds., situated at Gajularamaram Village, GHMC Circle, euthbullapur Mandal, Medchal-Malkajgiri District (subject proeprt5r) on the ground of Memo No.G3/3242 /2OI8 dated 01.05.2019 issued by respondent No.2 as illegal and arbitrary and consequently direct respondent No.3 to register and release the pending sale deed i.e., P.No. 174/2024 uid.e Intimation of Refusal No.4g/2024 dated 03.O6.2024.

2. feard learned counsel for the petitioner and learned Assistant Government pleader for Revenue appearing on beha,lf respondent Nos.1 to 3. 2

3. The brief facts of the case are that petitioner's vendor is the sole, absolute owner and peaceful possessor of the subject property having acquired the same through registered sale deed uide Doc.No.1505/2OO2 dated 13.06.2002 registered at Sub- Registrar Office, Medcha-l. Thereafter, due to family necessities, the vendor o1'the petitioner offered to sell the sutrject property and petitioner herein agreed to purchase the same. Thereafter, the vendor of the petitioner executed sale deed in. favour of the petitioner and presented the same before respondent No.3 on

28.05.2024 but the subject document was kept pending and assigned pending P.No.1 14 /2024 and the document was refused for registration on the following grounds: " 1. That the propertg set forth in the doanment is an agriculture propertg and executant has Jitiled to produce non-agiculture land conuersion certificate. The Telangana Rights in Land. and. Pattad.ar Pass Books Act, 2020 tuhich has come into operation u.e.f., 19.09.2O20 defined the Tahsildqr-cum-Joint Sub-Registrar as Registrar to regi.ster the agicultural lqnds situated in his jurisdiction. Consequent to the operation of the aboue Act, the Gouernment of Telangana through G.O.Ms.No.11B Reu {Regn-I) Department dated 28.1O.2020 has established the Olfices of Joint Sub-Registrars under Section 7(1) of 7 1) 3 the Registration Act, 1908 ond appointed Tqhsildars of the conerned Mandat as Tahsild.ar - Joini Sub- Registrar tn respect of agiculture lands. Hence, Sub' Registrar, Quthbullapur has no juisdiction ouer the propertg.

2. That the Commissioner and Inspector General (R&S) Department Memo No. G3 / 324 7 / 20 I 8 dated 01.05.2019 has instructed that uheneuer huge lands are slrcwing in sq.yds., and sought to registration, the Sub-Registrar shall inuariablg refer web land (Dharani) and find out the real otuners as per reDenue records and ittsist upon conuersidn certificate of agicultural land into non-agiculhtre land issued by the competent authoitg."

4. The petitioner has also filed copies of Dharani portal entries maintained by the Government of Telangana wherein the subject property is shown as house site. The petitioner has also paid the stafnp duty in terms of ward basis which has also not been denied by the Sub-Registrar.

5. The Sub-Registrar, Quthbullapur i.e., respondent No.3 has placed a copy of written instructions and submits that the pending document was refused for registration uide Refusal order bearing No.114 12024 dated 28.04.2024 fot the reason 4 that: in terms of Memo No.G3/3247/2018 dated O j.OS.2O19 has instructed that wheneuer huge lands are sLawing irt Sq.yds., and sought to registration, the Sub-Registrar shall inuaiablg refer web land (Dharani) and find out the real owners as per reuenue records and frrsis/ upon conuersion certificate of agicLLltural land into non-agriculture land issued bg the competent authoity. But the parties in the document are failed to produce NALA certificate.

6. In a similar circumstance i.e., in W.p.No.3605 of 2024 d,ated, 22.02.2024, the Sub-Registrar has refused registration therein on the similar ground. In the said case, this Court directed the registering authority to process the pending document without insisting on payment of Na_la charges. The relevant portion of the said order is as follows: I 1. In uieu of tlrc abou.e and the Jbr the reasons alike in the order dated 25.09.2023 passed in W.P.' No.15124 of 2023 bg this Court, Refusat No.11/2024 dated O6.02.2024 is terebg set asid-e and this turit petition is disposed of directing the respondent No.3, Sub-Registrar, to register the subject doanment in case, the same is irt consonance with the prouisions of Registration Act, 19Og and Indian Stamp Act, 1899. Where the docume:nt is nof Iiable for registration under those prouisions, a 7, 5 Refusal order can be passed and the decision taken be intimated to the petitioner in writing. The parties to the document are directed to pag NALA charges and when directed without raising artg resistance. 7 . Learned counsel for the petitioner submits that in the above case the document was registered based on the Court order and in view of the same, the respondent authorities are insisting that unless the Court order is furnished, they cannot go ahead with the registration. He would further submit that jurisdiction of respondent is only for the purpose of registration and not for anY other reasons.

8. karned counsel for the petitioner submits that they have not received any so called refusal order bearing No.48/2024 dated 03.06.2024. On a query by the Court, iearned Assistant Government Pleader for Stamps and Registration, on instructions, submits that already refusal order has been sent by Post. However, there is no proof of the same in the instructions.

9. This Court in repeated number of cases observed that the Registering Authorities are dut5r bound to communicate the 6 refusal order to the petitioners or the citizens, who approach for registering the documents and also granted liberty to the petitioners to avail the remedy as available under law. In the case on hand also the document has not been returned to. the petitioner anct it is in the custody of the Sub-Registrar. In that case, the petitioners cannot make a statutory appeal which is the available remedy for them. In a holistic view, it is observed that the officers are erring in discharging their duties where certain timelines are prescribed. That apart, the Sub-Registrar herein is well aware that the adjacent lands are also registered even thereafter issued refusal order citing the reason that in Memo No.G3/3247 l2OL8 dated 01.05.2019, in which it is instructed that whenever huge lands are showing in Sq.yds., ald sought for registration, the Sub-Registrar shall invariably refer web land (Dharani) and find out the real owners as per revenue records and insist upon conversion certificate of agricultural land into non-agriculture land issued by the competent authority. But the parties in the document are failed to produce NALA certificate. 7, 7

10. On a perusal of the Memo No.3247/2OL8 dated

01.05.2019, the Commissioner of Inspector General of Registration ald Stamps directed the Registering Officers to be vigilant that whenever huge lands are shown in sq.yds., the Sub Registrars sha-ll invariably refer Webland (Dharani) and find out real owners as per the revenue records and insist upon conversion certificate of agriculture land into non-agricultural land and insist upon conversion certificate issued by competent authority.

11. It appears that the Sub-Registrar has calculated the market value in terms of yards and accordingly stamp duty has been paid in terms of sq.yards. In such case, insisting of conversion certificate from agriculture to non-agriculture by competent authority is only for the purpose of record and the parties can be directed to furnish the same at a later point of time.

12. ln W.P.No.36O5 of 2024, this Court directed the Registering Authority to register the document without insisting on payment of Nala charges. The said order has not been challenged and documents have been registered thereafter. In 8 \ the case on hand the petitioner has paid huge stamp duty on yard basis based on market value obtained on yard basis and again insisting on NALA charges is arbitrary and illegal and registering authori[r had not followed the directions of .this Court in W.P.No.36O5 of 2024, which has attained finality.

13. The main grievalce of the petitioner is that earlier the subject land is put to non-agriculture use for several decades and that the,y have already paid stamp duty and registration charges in respect of lands as non-agriculture lands by treating all the lands within the area of GHMC in sq.yd., basis on par with open site in layout having open area and parks. It is further submitted that respondent No.3 without understanding the aforesaid orders in W.P.No.36O5 of 2O24, is refusing registration on the same refusal grounds and is insisting the petitioner to approach the Court ald obtain specific orders for registration of the subject documents, the said action is nothing but burdening the petitioners as well as the Hon,ble Court and pray this Court to direct the respondent No.3 to register the subject documents. 7 {t 9

14. In the case on hand, it is pertinent to note that the respondent No.3 without understanding the purport of the aforesaid order, is refusing to register the- subject documents on the same grounds and insisting the petitioners to obtain Cburt orders. The said action is not justified. Hence, this Court passed orders on OL.O7 .2024 directing respondent No.3 to be present before this Court on O2.O7.2024 and answer accordingly.

15. The core issue is that in many cases, the registering authorities are not implementing the orders passed by this Court and are refusing to register the subject documents on the same grounds and informing the citizens that unless they produce a Court order, the document cannot be registered. However, in such cases, the Sub Registrars either by way of instructions or at the time of appe€rrance submits that the parties have "not produced the document. In view of such discrepancy in statement of the parties and Sub Registrars, the Courts are being misled.

16. In some cases, it is further observed that the respondent officers who are dea,ling with the registrations of the documents are unable to decipher the orders of the Court ald t0 simply relegating the parties and insisting the parties/ citizens to approach the Court for repeated orders. In this entire gamut of events, the citizens are not only over- burdened but also had to run pillar to post and are deprived of their rights guaranteed under Article 300-4 of the Constitution of India.

17. Learnecl Assistant Government Pleader for Stamps and Registration, on instructions, submits that henceforth they will follow orders of this Court and will not insist citizens to approach the Court time and again and the Sub-Registrars wilt follow the Court orders scrupulously and in case of any clarification, the Sub-Registrars will seek instructions from the learned Government Pleaders and see that the orders of the Court are implemented in its true letter and spirit without troubling the citizens and would ensure that their rights guaralteed under Article 3OO-A of Constitution of India would be protected. 4r./

18. Recoding the submissions of the Sub_Rqgistrar, this Court admonishes the Sub_Registra-rs in insisting the Court orders, on settled issues or matters attained finality. 1 9. With the above observations, this writ petition IS disposed of directing the Registering Authorit5r to receive, register and release the subject document, subject to the petitioner complying with the provisions of the Indian Registration Act, 190g, and Indian Stamps Act, 1g99, as expeditiously as possible, preferably within a period of three (03) weeks from the date of receipt of copy of this order without insisting for the proceedings of NALA Tax under the provisions of the Telangana Agriculturar Land (conversion for non_ agricultural purposes) Act, 2006. It is also open to the Registering Authorit5r to refuse to register the subject document, by specifically assign the reasons in terms of Section 7I of the Act, 1908 .and communicate the said decision to the petitioner. It is needless to mention that the petitioner shall pay the NaIa tax as per the provisions of The Telangana Agriculturat Land (Conversion for Non Agricultural purposes) Act, 20O6 as and when demanded by the appropriate authorities under the said t2 Act.

20. With the above observations and directions, this .writ petition is disposed of. Miscellaneous petitions, if any, pending in this writ petition sha-ll stand closed. No costs. o2.o7.2024 N.V.SHRAVAN KUMAR,, J

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