The High Court · 2025

Petitiorr 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 iss;ue a Writ, more particularly a writ in the nature of Writ of Mandamus or any other appropriate order, declaring the action of the Respondent No.3 in not receiving the sale deed or deeds by insisting to furnish No Objection Certificate from Respontlents 1 and 2 in respect of lands in sy.No.354t1 to354t11, bearing khasra No.94{} to 958 in Sy.Nos.354tAto 35411as mentioned in Khasra pahani for the year 1954-55 of Veldhi village, Manakondur revenue mandal, Karimnagar district and not registering the same on the ground that the property under question is inr:luded in the Prohibitory list of properties by the Respondent No.2 and consequently direct the Respondent No.3 to receive, accept and register the sale deed or Jeeds that may be presented by the Petitioners in respect of the property under question. 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 3' respondent to receive, accept and register the sale deed or deeds that may be presented by the Petitioners in respect of property bearing tand in Sy.No.354/1 to 354111, Khas;ra No.948 to g58 in Sy.Nos .354tAto 3S4l1as mentioned in Khasra . Pahani for the year 1954-55 of Veldhi viltage, Manakondur revenue mandal, Karimnagar district without insisting on furnishing of No objection certificate from the Respondents No.1 and 2. Counsel for the Petitioners: SRt E. MADAN MOHAN RAO Counsel for the Respondents: Gp FOR REVENUE The Corirt mader the following: ORDER n I THE HON'BLE SRI JUSTICE GADI PRAVEEN KTIMAR trI.P.No.2247O OF 2O15 ORDER: The Writ Petition is filed assailing the action of the respondent No.3 in not receiving the sale deeds by insisting to furnish no objection certificate from respondent Nos. 1 and 2, in respect of land in Sy.No.354lt to 354/11, bearing khasra No. 948 to 958 in Sy.Nos .354 / A to 3541I, as referred in Khasra Pahani for the year 1954-55 Veldhi village,' Manakondur Revenue mandal, Karimnagar district, as well as not registering the same and with a request on the ground that the propert5r under question is included in the Prohibitory list of properties by the respondent No.2.

2. The contention of the petitioner is that during the year 1954-55 recorded on rights, the Khasra Pahani of Veldhi village was prepared under the purview of Hyderabad Record of Rights in Land Regulation, 1358 Fasli (or 1958 Fasli) and its successor a rules, which were in effect in the united Andhra Pradesh region in respect of Sy.No.354lL to 354111, bearing khasra No.948 to 958 in Sy.Nos.354/A to 354/1, covering total area of Ac.66.O4. It belonged to Muddasani Narasimha Reddy, son of Bheemaiah who is the father of Muddasani Thirupathi Reddy and Muddasani l i i I I I I I I 2 Veera Raghava Reddy who inherited the same as Pattedars of said lands from their father Muddasani Narasimha Reddy prior to 1954-55.

3. Tht: petitioners Nos. 1 to 10 are in possession of their respectivr: lands under unregistered sale deeds, which have been validated in the Records of Rights, and Pattedar Passbooks have also been issued to them accordingly. The narnes of the petitioners are recorded as sons in relation to the said lands in the Pahani Fatrika. Subsequently, the petitioners filed applications before th,: Tahsildar requesting their names to be duly recorded. However, respondent No. 3 insisted that a No Objection Certificate (NOC) to be obtained from respondent No. 2 in order to receive, accept, or register the sale deed concerning the subject lands.

4. As per Section 7l of the Registration Act, 1908 which specifies ':hat every Sub-Registrar refusing to register a document, except on the ground that the property to which it relates is not situated ryithin the sub-district shall make an order of refusal and record ttre reasons, for such order and words "registration refused" on the document and an application made by any person executing or claiming under the documents shall without payment or unnece:ss&ry delay provided a copy of the reasons so recorded. -----' ; I t t 3

5. Where as Section 22-A (21 of the Registration Act provides that: "For the pufpose of clause 9(e) of Sttb-Section (1), the State Gouerrtment slwll publish a Notiftcation afier obtaining reo.sons for and futl description of properties fund,shed by the District Collectors concerned in the manner as mag be prescribed."

6. Admittedly, under the provisions of Section 71, the Sub- Registrar, upon refusing to register a document, shall invariably record the reasons for such order. Section 22A specifies that where the State Government is of the opinion that the documents fall under the prohibited list such as those relating to,th9 transfer of immovable propert5r as prescribed under any statute of the State or Central Government thereafter, under clause (e) of Sub- Section (1), the State Government shall publish a Notification after obtaining ,1" reasons and full desciiption of the properties furnished by the District Collector concerned.

7. Admittedly, in the present case, the Tahsildar did not follow the procedure contemplated under the Act. To meet the ends of justice, the petitioners a-re at liberty to make ara appropriate application, duly enclosing the relevant documents, to the respondent No. 2 and 3, within the period of two weeks from the date of receipt of this order. Upon receipt of such application, the \ \ 4 respondent Nos. 2 and 3 are directed to consider the matter positively and pass appropriate orders, duly keeping in view of the provisions of Section 71 and 22A of the Registration Act, within a period o:l four weeks, thereafter.

8. W:.th the above observations and directions, the Writ Petition is disposed of. Miscellaneous petitions, if any are pending, shall stand closed. T'here shall be no order as Lo costs. //TRUE COPY// MED ABDULLA KHAN STANT REG SECTION OFFICER n Stamps) Department, mnagar District - 505 1 The Principal Secretary, Revenue Secreta:riat, Tank Bund Road, State of

2. The Talrsildar, Manakondur Mandal, Manakondu 469

3. The Joint Sub Registrar of Assurance, Huzurabad, Karimnagar District - 505 4. One CC to Sri E. Madan Mohan Rao, Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court for the State of Telangana, at 6. Two CEr Copies Hyderalrad [OUT] To TJ MP NT i-) a HIGH COIJRT DATED i0410912025 ORDER WP.No.22470 of 2015 'iHE S ( O i * 3i] ,fi:l ?frlfr o * DISPOSING OF THE WRIT PETITION WITHOUT COSTS a (r ,."\\/